Indiana Intellectual Property Law News

November 27, 2017

New York Trademark Litigation: Indiana-Based AM General Sues Activision over Call of Duty Videogame

Indianapolis, Indiana – Attorneys for Plaintiff, AM General LLC, of South Bend, Indiana filed suit in the Southern District of Indiana alleging that Defendants, Activision Blizzard, Inc., and Activision Publishing, Inc., both of Santa Monica, California and Major League Gaming Corp., of New York, New York; infringed its rights for the Trademark Registrations of HUMVEE and HMMWV and the trade dress of its HUMVEE brand vehicles. Plaintiff is seeking compensatory damages, punitive damages, corrective advertising, attorneys’ fees and costs, and prejudgment and post judgment interest.

Plaintiff alleges that Defendant’s series of Call of Duty videogames have consistently infringed by incorporating and allowing players to control vehicles in-game that, allegedly, infringe on Plaintiff’s real-life protected marks. In the complaint, Plaintiff points to various in-game levels that require the player to control a vehicle that allegedly copies the registered trade dress elements, and other moments in the game where the player sees or interacts with vehicles resembling Humvees. Plaintiff also notes in-game dialogue and marks written on the vehicles that mention “Humvee” specifically.

November 21, 2017

Indiana Patent Litigation: Eli Lilly and Teva Pharmaceuticals Clash Again over Alimta

By Overhauser Law Offices, LLC

Indianapolis, Indiana – Attorneys for Plaintiff, Eli Lilly and Company of Indianapolis, Indiana, filed suit in the Southern District of Indiana alleging that Defendants, Actavis LLC of Parsippany, New Jersey; Teva Pharmaceuticals USA of North Wales, Pennsylvania; and Teva Pharmaceutical Industries, Ltd. of Petach Tikva, Israel infringed its rights in United States Patent No. 7,772,209 (“the ’209 patent”) for “Antifolate Combination Therapies”. Plaintiff is seeking injunctive relief, declaratory judgment, and damages including costs and attorneys’ fees.

Eli Lilly and Teva have been involved in numerous patent infringement lawsuits against each other in the past. In April, Eli Lilly sued Teva on a claim of patent infringement of the same drug involved in this case, Alimta. This new complaint is based on a filing by Defendant with the FDA “seeking approval to manufacture and sell its Pemetrexed Injection Concentrate.”

November 17, 2017

Indiana Copyright Litigation: Owner of Copyrighted Skyline Photograph Sues for Infringement Again

By Overhauser Law Offices, LLC

Indianapolis, Indiana –Plaintiff, Richard N. Bell of McCordsville, Indiana filed suit in the Southern District of Indiana alleging that Defendant, Anderson Schulle of Indianapolis, Indiana infringed his rights in the “Indianapolis Photo” registered on August 4, 2011 with the US Copyright Office, Registration No. VA0001785115. Bell seeks injunctive relief along with statutory damages, costs and attorney fees.

In October, Bell filed suit against a private equity firm from Carmel, Indiana for publishing the photo on their website.

The lawsuit is the latest in a long string of lawsuits alleging infringement of a copyrighted photo of the Indianapolis skyline. See:

According to the complaint, in 2000, Plaintiff took a photograph of the downtown Indianapolis skyline from St. Clair Avenue, overlooking the downtown canal. Plaintiff registered the copyright in 2011 and has used the photograph in business and advertising materials since then. The complaint alleges that in December 2014, Defendant published the photo on his real estate business’ website without authorization or conferring credit, and claimed to own the copyright to the photo himself.

November 16, 2017

USPTO News: USPTO Seeks Comments on Year-Old Standard Protective Order

By Overhauser Law Offices, LLC

The United States Patent and Trademark Office has opened for comments and suggestions on the Trademark Trial and Appeal Boards Standard Protective Order. The new order went into effect in June of 2016. Submit comments or suggestions on the Standard Protective Order to the Trademark Trial and Appeal Boards website.

The USPTO is considering changes to the Standard Protective Order, which is used to protect confidential information that is disclosed during the course of a Trademark Trial and Appeal Board proceeding. The standard order is modifiable on a case-by-case basis by order of the Board or agreement of the parties involved. It provides a number of standard terms to bind parties and witnesses and prevent disclosure of confidential information they may have learned.

In June 2016 the Standard Protective Order was updated to its current form. Changes made at the time included making the order automatically imposed in Board proceedings, and recommending the parties execute a binding agreement.

November 10, 2017

Indiana Patent Litigation: Thor Industries Sues The RV Factory Over RV Patents

By Overhauser Law Offices, LLC

Indianapolis, Indiana – Attorney for Plaintiff, Thor Industries, Inc. of Elkhart, Indiana filed suit in the Northern District of Indiana alleging that Defendant, The RV Factory, LLC, also of Elkhart, Indiana infringed on the U.S. Patent Nos. 7,575,251, titled Travel Trailer Having Improved Turning Radius (the ‘251 patent), and 7,938,427, titled Recreational Vehicle Chassis (the ‘427 patent). Plaintiff is seeking judgment in favor of Thor Industries, Inc., damages, and all infringing products be recalled.

Plaintiff is the owner of the patents, which deal with the design and functionality of travel trailers. Specifically, the ‘251 patent deals with an RV chassis having certain types of angled front corners, as opposed to squared corners. The ‘427 patent covers a type of chassis with a curved or bowed front end, instead of a flat or straight front.

According to the complaint, Defendant has been manufacturing and selling RVs with chasses containing the patented design elements. Plaintiff alleges that Defendant’s RV model “Luxe Luxury Fifth Wheel” infringes on the ‘251 patent. Plaintiff also alleges that Defendant’s “Luxe Elite,” “Luxe Gold,” and “Weekend Warrior” models infringe the ‘427 patent by using a curved forward surface.

Plaintiff also claims that Defendant has induced and contributed to infringement by third parties who have bought and used the allegedly infringing RVs.

November 8, 2017

Indiana Patent Litigation: Klipsch Sues Chinese Defendant Over Allegedly Infringing Earphones

By Overhauser Law Offices, LLC

Indianapolis, Indiana – Attorneys for Plaintiff, Klipsch Group, Inc. of Indianapolis, Indiana filed suit in the Southern District of Indiana alleging that Defendant, Shenzhen Paiaudio Electronics Co., Ltd of Guangdong, China infringed on the U.S. Patent No. D603,844 (the ‘844 patent), titled “Headphone,” and violated Klipsch headphones’ trade dress. Plaintiff is seeking judgment, a permanent injunction, lost profits, damages, pre-judgement and post-judgment interest, attorneys’ fees, and all relief just and proper.

Plaintiff Klipsch is an Indianapolis-based audio company that produces headphones, earphones, and speakers for home and commercial use. China-based Defendant Paiaudio specializes in producing high-end earphones. The subject of this litigation is a type of small earphone patented by Klipsch, specifically their “X12i” model. Plaintiff alleges that Defendant’s “π 3.14 Audio” model is virtually identical to the X12i, infringes on the patent, and violates the Lanham Act via trade dress confusion.

November 7, 2017

Indiana Patent Litigation: Indianapolis-Based Home Healthcare Company Sues Former Employee for Ownership of Patent

By Overhauser Law Offices, LLC

Indianapolis, Indiana – Attorneys for Plaintiff, Home Care Providers, Inc. and Dr. Dev A. Brar, of Indianapolis, Indiana filed suit in the Southern District of Indiana against Defendant, Shawn R. Bashore, of Carmel, Indiana. This suit was filed for inventorship of the United States Patent No. 9,668,328 (“the ‘328 Patent”), Night-Light and Alert System, for constructive fraud, and conversion of the patent. Plaintiff is seeking declaratory judgment, lost profits, and reasonable costs and attorneys’ fees.

The ‘328 Patent is for a system including a mat and a wirelessly-connected light, the purpose of which is to allow an individual to rise from bed and turn on the lights by stepping on the mat.

According to the complaint, Plaintiff alleges that Defendant, while overseeing development of the invention, represented himself as a co-inventor on the patent application, which violated provisions of the employment agreement requiring that all material created would belong to Plaintiff. Further, according to the complaint, Defendant has attempted to profit from licensing the invention.

October 30, 2017

Indiana Patent Litigation: Carmel Tech Company Binatone USA Sued Over Allegedly Infringing Baby Monitors

By Overhauser Law Offices, LLC

Indianapolis, Indiana – Uniloc, has targeted Binatone of Carmel, Indiana in its latest patent infringement suit.

Uniloc has been called a “Patent Troll in Chief” by engadget.com, and justia.com reports that it is a party to at least 343 patent cases. In just October of 2017, Uniloc has filed 17 patent infringement lawsuits. While most of Uniloc’s lawsuits have been filed in the patent-infringement-plaintiff-friendly State of Texas, the US Supreme Court’s recent decision in the TC Heartland case limits the venues for patent infringement cases. This likely forced Uniloc to file this suit in Indiana where Binatone is located.

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Uniloc USA, Inc. of Plano Texas, and Uniloc Luxembourg S.A filed their suit in the Southern District of Indiana alleging that Defendant, Exclusive Group LLC d/b/a/ Binatone North America, of Carmel, Indiana infringed on the U.S. Patent No. 6,216,158, System and Method Using a Palm Sized Computer to Control Network Devices (the ‘158 patent). Plaintiff is seeking declaratory judgment of infringement, damages suffered as a result of the infringement, and attorneys’ fees.

Plaintiffs Uniloc USA, as exclusive licensee of the ‘158 patent, and Uniloc Luxembourg, as owner and assignee of the ‘158 patent, filed suit alleging that a wide range of Binatone’s wireless products, such as wireless baby monitors, infringe the patent. Specifically, plaintiffs allege that Motorola’s products infringe the patent by performing the same functions that are covered under the patent; specifically, remotely controlling a wireless device over a wireless connection, using wireless commands to control the other device, and wireless control of the second device by the first device.

Plaintiffs also allege in their complaint that the Defendant indirectly infringes the patent by providing instructional videos, brochures, etc. for each product, explaining to customers how to operate the products.

October 27, 2017

Indiana Patent Litigation: Federal Circuit reverses District Court’s dismissal of Lifetime Industries’ Patent Infringement Suit

By Overhauser Law Offices, LLC

The Plaintiff, Lifetime Industries, Inc. (doing business as Boyd Corp.) had filed a patent infringement lawsuit in the Northern District of Indiana alleging that Defendant, Trim-Lok, Inc infringed patent no. 6,966,590, Two-Part Seal For A Slide-Out Room, which has been issued by the US Patent Office. The Court of Appeals for the Federal Circuit reversed the District Court’s dismissal and remanded back to the district for further proceedings.

Plaintiff owns the patent to a two-part seal for slide-out rooms in RVs. The seal prevents moisture, debris, and air drafts from entering the vehicle. Soon after two employees left Lifetime to work at Trim-Lok, a representative of Lifetime found an allegedly infringing Trim-Lok seal installed on a third party RV. Plaintiff alleged direct, indirect, and contributory infringement on the part of Trim-Lok, based on claims that Trim-Lok directly installed the seal, or supervised installation of the seal, or influenced the RV company to install the seal on their vehicles. The district court dismissed each claim, stating that Lifetime had not adequately argued the allegations.

October 26, 2017

Indiana Man Arrested for “Offense Against Intellectual Property” of Call of Duty Games

By Overhauser Law Offices, LLC

Terre Haute, Indiana – Dshay Towles was charged with theft and “offense against intellectual property” for selling on eBay stolen copies of Call of Duty: WWII, which is scheduled to be released on November 3, 2017.

According to FOX59, the games were stolen from the Sony DADC facility in Terre Haute, where the company manufactures and distributes Blu-Rays, CDs, and DVDs. The games were later found on eBay, having been posted by Towles for roughly $45 per copy.