Indiana Intellectual Property Law News

November 24, 2023

Davaus, LLC Brings Suit Over Alleged Patent Infringement of Agricultural Product

Hoagland, Indiana – A legal filing initiated by Davaus, LLC against S7 IP Holdings, LLC and Shawn Gengerke is a Complaint for Declaratory Judgment. According to the complaint, Davaus seeks legal affirmation that their product, the Kernel Keeper™, does not infringe, is not covered by, and renders invalid the United States Patent No. 9,961,830 claimed by S7, specifically related to S7’s product called the “Harvest Sweep.” S7 alleged that the Kernel Keeper™ infringed on their patent and demanded Davaus cease its production and sale. Davaus states that they responded by explaining how their product differs from the patented claims, but S7 rejected this explanation and reiterated the demand to stop production.

Davaus contends that their product does not infringe upon S7’s patent and requests the court to rule that their product does not violate the patent, and that the patent itself is invalid and unenforceable. This legal action aims to prevent legal repercussions against Davaus based on the patent claimed by S7.

The case has been assigned to Chief Judge Holly A. Brady and Magistrate Judge Susan L. Collins, in the U.S. District Court of Northern Indiana, and assigned Case No. 1:23-cv-00398-HAB-SLC.

November 21, 2023

Patent Office Issued 225 Patents to Indiana Entities in September 2023

By Overhauser Law Offices, LLC

The U.S. Patent Office issued the following 225 patents to persons and businesses in Indiana in September 2023:

Patent Number	Patent Title
US 11766015 B1	Maize hybrid X13R074
US 11767804 B1	Cast engine block having a hybrid threaded insert
US 11767641 B2	Sanitary tissue products
US 11766208 B2	Device for electrophysiological recording from the eye
US 11767405 B2	Water soluble film, packets employing the film, and methods of making and using same

November 20, 2023

177 Trademark Registrations Issued to Indiana Companies in October 2023

By Overhauser Law Offices, LLC

The U.S. Trademark Office issued the following 177 trademark registrations to persons and businesses in Indiana in October 2023 based on applications filed by Indiana trademark attorneys:

Reg. Number	Word Mark
7188397	KINGDOM ROOFING SYSTEMS
7184867	TRUE ESSENCE
7184446	TRUE ESSENCE
7202013	NATE & NATTY
7201936	CHERRY RUSH
7201492	TIMTUSK

November 20, 2023

Photojournalist Accusing Indiana Company for Copyright Infringement

By Overhauser Law Offices, LLC

Photojournalist David Hoffman, a UK resident, is suing Lauth Investigations International, an Indiana investigation firm, for allegedly infringing on a 2005 copyrighted photograph titled “Homeless Woman 1.” According to the Plaintiff, Lauth used the photo in an article without permission, cropping it and removing copyright information for commercial use. Despite Hoffman’s notification, no resolution was reached.

Hoffman seeks various remedies for copyright infringement, including a declaration of infringement, claims of willful infringement, compensation for damages, legal fees, and interest. The aim is to prevent further infringement and related activities by the Defendant.

The case has been assigned to Judge James Patrick Hanlon and Magistrate Judge M. Kendra Klump, in the U.S. District Court of Southern Indiana, and assigned Case No. 1:23-cv-01678-JPH-MKK.

November 17, 2023

Taylor Shaye Designs LLC Takes On Shein Distribution Corp in Copyright Infringement Suit

By Overhauser Law Offices, LLC

Prairieville, LA – Plaintiff Taylor Shaye Designs LLC filed a complaint against Whitestown, IN Defendant Shein Distribution Corp for copyright infringement according to the U.S. Copyright Act, 17 U.S.C. § 101, et seq.

“Let’s Go Girls” – Taylor Shaye Designs LLC

Let’s Go Girls – Shein Distribution Corp

November 13, 2023

Delta Faucet Files Patent Infringement Suit

By Overhauser Law Offices, LLC

Indianapolis, Indiana – A lawsuit brought by Plaintiff Delta Faucet Company against Defendant Wenzhou Xin Xin Sanitary Ware Co., Ltd. involves an allegation of patent infringement over United States Patent No. 11,725,369. Court documents state the patent at issue is for a “Vessel Rinsing Apparatus,” that was issued on August 15, 2023.

The Plaintiff claims the Defendant has been manufacturing, using, selling, and importing vessel rinsing apparatuses that are “functionally equivalent [to Delta’s products] and only differ in finish…,” thereby infringing upon Delta’s patent rights. Delta further cites Wenzhou’s use of Amazon to sell the accused products and encourage others to infringe the patent, as well.

The lawsuit details Wenzhou’s alleged deliberate and willful infringement by continuing to sell the accused products even after notice of the patent in question. The Plaintiff is, therefore, seeking a court judgment in favor of Delta in the form of injunctions, damages, and legal fees.

November 10, 2023

Rights to Asphalt Paving Technology at Dispute in Lawsuit Between AarMaz Products Inc, and Rieth-Riley Construction Co.

By Overhauser Law Offices, LLC

Mulberry, Florida – Plaintiff ArrMaz Products Inc. has filed a lawsuit against Rieth-Riley Construction Co., Inc. of Goshen, Indiana, alleging patent infringement related to their asphalt paving technologies covered by U.S. Patents Nos. 7,802,941 and 8,465,843. These patents are associated with ArrMaz’s BondTekk® bonded-paving technology, adopted by multiple states and contractors for creating safer and more durable roads.

The original complaint states that Rieth-Riley Construction is also involved in asphalt paving services and operates in several Midwestern states where asphalt-paving projects are awarded through competitive bidding. In February 2022, the claim states, the Plaintiff notified Rieth-Riley that ArrMaz’s patents covered specific projects awarded to Rieth-Riley by the state of Indiana and offered a license for their use. However, ArrMaz claims that Rieth-Riley expressed an intention to ignore the patents and not obtain the necessary licenses before moving forward with the project.

ArrMaz alleges that Rieth-Riley not only infringed on their patents but also engaged in willful infringement by using and selling the patented technology. Therefore, ArrMaz is seeking a court injunction to prevent Rieth-Riley from using or selling their patented products without the proper licenses. Additionally, they are seeking a monetary award to cover damages, including the costs and expenses of the lawsuit.

November 6, 2023

Hancock Regional Hospital Sued for Alleged HIPPAA Violation

By Overhauser Law Offices, LLC

Greenfield, Indiana – Plaintiffs Sherry Childers and Diana Polston, along with others, have filed a class-action lawsuit against Hancock Regional Hospital (Hancock Health) in Greenfield, Indiana. They accuse the hospital of disclosing their private medical information to third parties like Facebook and Google. The Plaintiffs argue that mishandling medical data can lead to severe consequences such as workplace discrimination and denial of insurance coverage. They stress the importance of maintaining medical information confidentiality to uphold public trust in the healthcare system.

The complaint cites the Health Insurance Portability and Accountability Act of 1996 (HIPAA), which includes the “Privacy Rule” established by the United States Department of Health and Human Services (HHS). This rule outlines guidelines for safeguarding individually identifiable health information and prohibits healthcare providers from sharing such data with third parties without explicit written consent from the individual.

Court documents claim that Hancock Health, a trusted healthcare provider, used a “Tracking Pixel” on its website to collect and transmit the Plaintiffs’ sensitive patient information to third parties without their knowledge. This alleged action is seen as a breach of the HIPAA Privacy Rule.

November 3, 2023

Preliminary Injunction Denied in Vandor Group, Inc. v. Batesville Casket Company Suit

By Overhauser Law Offices, LLC

Richmond, Indiana – In a recent legal case between Plaintiff, Vandor Group, Inc., and Defendant, Batesville Casket Company, Vandor sought a preliminary injunction against Batesville for alleged patent infringement concerning casket rental inserts. Vandor claimed that Batesville’s actions caused irreparable harm, impacting their expansion plans and profitability.

In its decision-making process, the Court applied Federal Circuit Law, which outlines four factors for determining whether a preliminary injunction is warranted: “(1) the movant’s reasonable likelihood of success on the merits; (2) the irreparable harm the movant will suffer if preliminary relief is not granted; (3) the balance of hardships tipping in its favor; and (4) the adverse impact on the public interest.”

The court primarily focused on irreparable harm and the likelihood of success, noting that irreparable harm is assumed when patent validity and infringement are established. However, the defendant can rebut this presumption by presenting evidence to the contrary. The judge ruled that Vandor’s claims of irreparable harm, based on lost expansion opportunities, potential economic losses, and the pending expiration of patents, were speculative and lacked substantial supporting evidence. Emphasizing that general assertions of economic harm without specific evidence are insufficient to prove irreparable harm, the court dismissed Vandor’s argument about the limited duration of their patents as a basis for irreparable harm, based on established legal precedent.

November 1, 2023

177 Trademark Registrations Issued to Indiana Companies in September 2023

By Overhauser Law Offices, LLC

The U.S. Trademark Office issued the following 177 trademark registrations to persons and businesses in Indiana in September 2023 based on applications filed by Indiana trademark attorneys:

Reg. Number	Word Mark
7188397	KINGDOM ROOFING SYSTEMS
7184867	TRUE ESSENCE
7184446	TRUE ESSENCE
7202013	NATE & NATTY
7201936	CHERRY RUSH
7201492	TIMTUSK