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Indianapolis, Indiana – Patent lawyers for Draper, Inc. of Spiceland, IN, have filed a declaratory judgment lawsuit against MechoShade Systems, Inc., and Joel Berman Associates, Inc., both of Long Island City, NY. In particular, the suit seeks a ruling that Patent No. 6,164,428, titled Wrap Spring Shade Operator (“the ‘428 patent”) and issued by the U.S. Patent Office, as well as certain of the defendants’ trade dress, are invalid and not infringed.

According to the complaint, the plaintiff Draper sells window shades. The defendant Mr. Berman alleged that Draper’s brackets for mounting window shades infring the ‘428 patent and the defendants’ trade dress. The plaintiff, in turn, alleges that the ‘428 patent is invalid for failing to meet the requirements for patentability in Sections, 102, 103, and 112 of the Patent Act and that the appearance of defendants’ brackets is functional, generic, and not capable of protection as trade dress.

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New Albany, Indiana – By counsel, CNH America, LLC of Racine, WI, has filed a trademark infringement suit against Davis Equipment Sales & Service, Inc. of Salem, IN, alleging infringement and dilution of the NEW HOLLAND mark and logo, which have been registered by the U.S. Trademark Office, and unfair competition.

The plaintiff manufactures agricultural products and related equipment, while the defendant served as an authorized dealer of those products. The complaint alleges that the defendant, following termination of the dealer agreement, has not complied with its obligation to remove all signs and advertising displays bearing the asserted trademarks, thereby infringing the Lanham Act and Indiana state unfair competition and dilution laws.
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South Bend, Indiana – Patent lawyers for Geocel, LLC of Elkhart, IN, filed a declaratory judgment suit against Chem Link, Inc. of Schoolcraft, MI, requesting that Chem Link’s patent be found to be invalid and not infringed. The patent at issue is Reissue Patent No. RE41,586, titled Pitch Pocket and Sealant, which has been issued by the U.S. Patent Office. The basis for patent invalidity includes alleged violations of the “recapture rule,” which is unique to reissued patents, as well as violations of Sections 102 and 103 of the Patent Act and inequitable conduct.

This case has been assigned to Judge Theresa Springmann in the Northern District of Indiana, and assigned case no.3:10-cv-00474-TLS.
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Indianapolis, Indiana – Connecticut Electric, Inc. of Anderson, IN, has filed a trademark infringement suit against Pacific Coast Breaker, Inc., and PC Systems, Inc., alleging infringement of the mark ZINSCO, which has been registered by the U.S. Trademark Office. The plaintiff claims that the defendants stopped purchasing circuit breakers from plaintiff and began selling circuit breakers that look “identical in appearance to the ZINSCO circuit breakers.” This case has been assigned to Senior Judge Larry J. McKinney and Magistrate Judge Tim A. Baker of the Southern District of Indiana, and assigned case no. 1:10-cv-01440-LJM-TAB.

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 A patent infringement suit filed in Illinois by Hudson Surgical Design, Inc. against Biomet, Inc. of Warsaw, Indiana has been transferred to the Northern District of Indiana. The suit alleges infringement of Patent No. 7,344,541, “Methods and Apparatus for Femoral and Tibial Resection” which was issued by the U.S. Patent Office. In ordering the transfer, Judge Ruben Castillo of the Northern District of Illinois stated, “After a careful review of the Defendants’ pending motion to transfer and Plaintiff’s response thereto, the pending motion to transfer is granted for the reasons outlined by Judge William Hart in the related case of Hudson v. DePuy, 10 C 2103 and for the reasons set forth in the pending motion pursuant to 28 U.S.C. §1404(a). In the Indiana Court, the case has been assigned to Chief Judge Philip P. Simon and Magistrate Judge Christopher A. Nuechterlein.
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The US Trademark Office issued the following 139 trademark registrations to persons and businesses in Indiana in October, 2010, based on applications filed by Indiana Trademark Attorneys:

Reg. Number

Mark

 Check Status
1 3,867,678 ASGARD RADIO WHERE THE GODS GO TO ROCK…..MORTALS WELCOME View
2 3,866,189 STACKABLES View
3 3,864,604 RABBID RABBIT View
4 3,864,549 GUMBALLHEAD View
5 3,862,287 HEALTHIEST EMPLOYERS View

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Indiana patent attorneys obtained issuance of the following 110 patents from the US Patent Office to persons and businesses in Indiana in October, 2010:

 

PAT. NO.

 

Title

1

D626,305

Jack running gear cover

2

7,822,465

Device and method for image-based device performance measurement

3

7,821,346

Ovenized oscillator

4

7,821,166

Dynamoelectric machine insulator and method

5

7,820,900

System and method for sound recognition

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 Indianapolis, Indiana – Patent lawyers for Forecast Sales, a division of McCoy Investments, Inc. of Indianapolis, IN, filed a lawsuit alleging Axxiom Manufacturing, Inc. of Fresno, TX, has engaged in false patent marking, in violation of Section 292 of the Patent Act. In particular, the “relator” (a legal term for the party suing on behalf of the United States government) Forecast Sales sells aftermarket parts for Axxiom products and alleges that Axxiom has wrongfully been marking products with the following expired patents, all of which were issued by the U.S. Patent Office: Patent No. 3,476,440, titled PORTABLE ABRASIVE CONTAINER AND DISPENSER UNIT; Patent No. 4,322,058, titled PIPE SIDE VALVE; Patent No. 4,339,897, titled SANDBLASTING METHODS AND APPARATUS; and Patent No. 4,339,887, titled DECOY, MOLD AND METHOD OF CONSTRUCTION.
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Fort Wayne, Indiana – Patent lawyers for Romary Associates, Inc. of Fort Wayne, IN, filed a lawsuit alleging that Kibbi LLC d/b/a Renegade Custom Coaches and Trailers, McKibbin Enterprises, Inc., and Kibbi Incorporated, all of Bristol, IN, have infringed Patent No. 7,475,809, MOBILE BANKING VEHICLE, as issued by the U.S. Patent Office. Additional counts allege federal unfair competition, breach of contract, tortious interference with a business relationship, and misappropriation of trade secrets under state law.

Factually, the complaint alleges that, subsequent to the execution of a non-disclosure agreement, Romary disclosed its “mobile banking concepts and designs,” including a prototype, to the defendants. Afterwards, the defendants are said to have commenced selling their own mobile banking units, with the sales going to intended or potential Romary customers.

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Hammond, Indiana – Copyright lawyers for Zuffa, LLC d/b/a The Ultimate Fighting Championship of Las Vegas, NV, have filed a lawsuit alleging that Carol Papka of Valparaiso, IN, Philip Reiner of Wheeler, IN, and Daniel Kettwig of Valparaiso, IN, individually and as officers, directors, shareholders, and/or principals of Boomer’s Pub and Grub of Portage, IN, improperly received the UFC #111 broadcast. The complaint claims that the broadcast interception is a violation of 47 U.S.C. §§ 553 and 605(a), federal statutes which prohibit the unauthorized reception of certain communications, as well as a violation of the Copyright Act.

This case has been assigned to Judge Rudy Lozano and Magistrate Judge Andrew Rodovich in the Northern District of Indiana, and assigned case no. 2:10-cv-00422-RL-APR.
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Contact Information
Indiana Intellectual Property: IP Litigation, Patents, Trademarks, Copyrights
  • Seventh Circuit
  • Northern District of Indiana
  • Southern District of Indiana
Paul B. Overhauser
Overhauser Law Offices, LLC
Greenfield
18 E Main St #202
Greenfield, IN 46140
Phone: 317.467.9100
Fax: 866.283.8549
Indianapolis
101 W Ohio St #2000
Indianapolis, IN 46204
Phone: 317.891.1500
Fax: 866.283.8549

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