Indianapolis, Indiana – Patent lawyers for Walker Digital, LLC of Stamford, CT, have filed a lawsuit alleging Multi-State Lottery Associationof Urbandale, IA, is infringing Patent No. 7,740,537, titled SYSTEM AND METHOD FOR APPLYING LOTTERY MULTIPLIERS, as issued by the U.S. Patent Office.

The claimed invention is one for processing lottery ticket sales, namely “multiplier” tickets which can be applied to a winning lottery ticket to increase its redemption value. The plaintiff alleges that the defendant’s systems which implement the well-known Powerball(R) lottery game directly and indirectly infringe the ‘537 patent. Apparently the plaintiff and defendant had discussions regarding the licensing of the patent, with the defendant electing to not take a license.
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Indianapolis, Indiana – In a patent infringement lawsuit pending in the Southern District of Indiana, plaintiff Capital Machine Company, Inc., an Indianapolis-based manufacturer of veneer production equipment, achieved dismissal of opposing party Miller Veneers‘ attorneys based on the law firm’s previous work for Capital on matters “substantially related” to the present one.

Miller Veneers, also of Indianapolis, IN, is a wood veneer manufacturer and past Capital Machine customer accused of infringing several patents covering machinery and methods for more efficiently cutting veneer. Co-Defendant Robert Brand is Capital’s former Vice President of Engineering, and the inventor of the patents at issue. After leaving Capital in 1996, worked for Miller Veneers, where he assisted in designing the allegedly infringing machines.

About a year after the suit was filed, Miller retained the services of Indianapolis-based law firm Barnes & Thornburg LLP (“B&T”). Upon B&T’s appearance in the case, Capital filed an Emergency Motion to Disqualify Counsel to disqualify B&T. This Motion was based on a conflict of interest arising from work that B&T had done for Capital, including providing advice regarding employment Brand’s relationship with Capital.

Under the law of the Seventh Circuit, a lawyer is prohibited from representing a new client who is adverse to a former client in a “substantially related matter.” In granting Capital’s motion top disqualify B&T, Judge Jane E. Magnus-Stinson noted that “Capital had, to varying degrees, used B&T for legal services, including both patent and labor/employment issues since the mid-1980’s” and found that B&T records corroborated in part, and did not refute, Capital’s claims that the current litigation is substantially similar to the prior B&T representation. The Court afforded “significant weight” to evidence that Capital had shared confidential information with B&T lawyers and that B&T provided Capital with, among other things, “[c]ounseling regarding employment matters generally, and specifically, as they relate to: (a) the ownership of inventions; and (b) Capital’s employment relationship with Defendant Robert Brand.”

Note: The patent litigation attorneys of Overhauser Law Offices, the publisher of this site, represented Capital Machine Company in obtaining the disqualification of Barnes & Thornburg. The Case No. is 1:09-cv-00702-JMS-DML, and a copy of the Order is available below.

Update: Click Here for an update on this Ruling.

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Indianapolis, Indiana – Patent attorneys for Remy International, Inc. of Pendleton, IN, have filed a lawsuit alleging Wetherill Associates, Inc., doing business as WAIGlobal, of Fort Lauderdale, FL, is infringing the following seven patents issued by the U.S. Patent Office: Patent No. 5,295,404, titled SHIFT LEVER MECHANISM FOR ENGINE STARTING APPARATUS; Patent No. 5,252,878, titled BRUSH HOLDER ASSEMBLY; Patent No. 5,307,700, titled ELECTRIC ENGINE STARTER; Patent No. 5,105,114, titled FRAME AND MAGNET ASSEMBLY FOR A DYNAMOELECTRIC MACHINE; Patent No. 5,268,605, titled ELECTRICAL FIELD CONNECTION; Patent No. 5,453,648, titled BRIDGE RECTIFIER HAVING AN OUTPUT TERMINAL STUD; and Patent No. 5,315,195, titled SELF-ATTACHING COVER FOR A DYNAMOELECTRIC MACHINE.

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Fort Wayne, Indiana – Copyright attorneys for Arbor Home Building Corporation of Fort Wayne, IN, have initiated litigation against Miller Custom Homes, LLC of Leo, IN, alleging an infringement of an architectural drawing which has been registered with the U.S. Copyright Office. Both the plaintiff and defendant design and build residential homes. The plaintiff Arbor Home claims that the defendant Miller has built a home which is “substantially similar” to plaintiff’s Mariam style of house, illustrated in the copyrighted drawing and built as a model in Fort Wayne.

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 South Bend, Indiana – Trademark lawyers for Group Force Capital, LLC of Aventura, FL, filed a lawsuit alleging Virtuoso Distillers, LLC of Mishawaka, IN, infringed Trademark Registration No. 3,791,405 for the mark L’CHAIM, as registered by the U.S. Trademark Officein connection with specific types of alcoholic beverages. Group Force creates and distributes alcoholic beverages, including a line of Kosher ones which are sold under the asserted mark. It is alleged that the defendant later applied to federally register the mark L’CHAIM VODKA in the same class of goods and displays a bottle of the beverage at the Web sitewww.lchaimvodka.com. TheU.S. Trademark Officerefused defendant’s trademark application, and defendant has since petitioned to cancel the plaintiff’s registration, alleging a priority of use. Plaintiff Group Force, by its complaint, alleges trademark infringement, unfair competition, and a violation of the Anti-Cybersquatting Consumer Protection Act, 15 U.S.C. § 1125(d).
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 Indianapolis, Indiana – A multidistrict litigation panel has consolidated eleven patent infringement lawsuits with the case pending beforeSenior Judge Larry J. McKinneyand Magistrate Judge Debra McVicker Lynchin theSouthern District of Indiana. The cases, filed byGreenshift Corp.involve Patent No.7,601,858, titled METHOD OF PROCESSING ETHANOL BYPRODUCTS AND RELATED SUBSYSTEMS and issued by the U.S. Patent Office. The transfer order found that Indianapolis was a “readily accessible district near many of the alleged direct infringers … which are scattered throughout the Midwest.” The case no. is 1:2010cv08003.
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 New Albany, Indiana – Trademark lawyers for Aire Serv Heating & Air Conditioning, Inc. of Waco, TX, have filed a lawsuit alleging Air Serv of Louisville of New Albany, IN, is infringing the following five trademarks registered with the U.S. Trademark Office: Trademark Registration No. 1,818,574 for the mark AIRE SERV in connection with the installation, maintenance, and repair of heating and air-conditioning equipment; Trademark Registration No.1,890,475for the mark AIRE SERV in connection with residential and commercial oil, electric, gas, coal and propane heaters and air conditioners and replacement parts for same; Trademark Registration No. 1,927,783 for an AIRE SERV design mark in connection with the installation, maintenance, and repair of heating and air-conditioning equipment; Trademark Registration No. 2,763,655 for the mark AIRE SERV in connection with energy-saving thermostats, HVAC services, duct cleaning, and inspection services; and Trademark Registration No. 3,578,721 for an AIRE SERV HEATING & AIR CONDITIONING design mark in connection with services similar to the ‘655 registration.
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The US Trademark Office issued the following 175 trademark registrations to persons and businesses in Indiana in August, 2010, based on applications filed by Indiana Trademark Attorneys:

Registration Number

 

Mark

Click to View
1           3,829,663 LUCKY BAG View
2           3,827,906 DOCTORBASE View
3           3,827,893 V MY VIDEO VISIT View
4           3,837,177 CHECK View
5           3,830,129 SMART CABINETRY View

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Evansville, Indiana – Patent lawyers for SOP Services, Inc., of Las Vegas, NV, and Bear Archery, Inc. of Evansville, IN, have filed a lawsuit against Precision Shooting Equipment, Inc. of Tuscon, AZ. The suit alleges infringement of two patents issued by the U.S. Patent Office: Patent No. 5,749,351, titled COMPOUND ARCHERY BOW; and Patent No. 5,921,227, also titled COMPOUND ARCHERY BOW. SOP Services is the assignee of these two patents, and Bear Archery is the exclusive licensee.

The complaint claims that the defendant is manufacturing, using, selling, and offering to sell compound bows having an infringing “past parallel limb” design and cites the defendant’s product guide as well as photographs. Plaintiffs also request a declaratory judgment that the defendant’s U.S. Patent No. 7,699,045 is invalid and not infringed.
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