Indiana Intellectual Property Law News

December 22, 2023

Upholding Quality and Protecting Brands: Tempur Sealy v. Luxury Mattress & Furniture

In the competitive world of mattresses and bedding, brand recognition and trust are paramount. Companies invest years in building their reputation, and protecting their intellectual property is crucial. Plaintiff Tempur Sealy International Inc. recently filed a lawsuit against Defendant Luxury Mattress & Furniture LLC, a suit highlighting the significance of safeguarding trademarks and brand integrity.

According to the complaint, Tempur Sealy is a renowned name in the realm of premium mattresses. Known for its TEMPUR-PEDIC products, Tempur Sealy claims distinctiveness based on their high-quality materials and unparalleled comfort. The company states that they meticulously develop, manufacture, and market products under various trademarks such as TEMPUR, TEMPUR-PEDIC, and TEMPUR SEALY. In addition, they describe exhaustive efforts to maintain their brand’s integrity, from stringent quality control measures to an authorized network of retailers, attempting to ensure that customers receive authentic products and services.

The Plaintiff claims that on February 2, 2023, it notified the Defendant that it was terminating Luxury Mattress’s authorization to sell Tempur Sealy products. The Plaintiff then alleges that Luxury Mattress continued to use the TEMPUR-PEDIC Marks in its Valparaiso, Indiana, retail location and on its website. Furthermore, Tempur Sealy asserts that the Defendant was using the TEMPUR-PEDIC Marks to advertise different products that were not associated with the Plaintiff’s product.

December 18, 2023

Honoring a Legacy of Service: U.S. Magistrate Judge Michael G. Gotsch, Sr., Announces Retirement

By Overhauser Law Offices, LLC

After an illustrious four-decade career dedicated to public service, U.S. Magistrate Judge Michael G. Gotsch, Sr., has declared his intent to retire in August 2024. His impending retirement from the United States District Court for the Northern District of Indiana marks the culmination of a remarkable journey.

Judge Gotsch, with nearly twenty years as a judge and seven years in the federal judiciary, has left an enduring legacy. His tenure as St. Joseph Circuit Court Judge saw transformative initiatives, including repurposing an old jail into spaces for courts and community programs.

A trailblazer in advocating for domestic violence victims, Judge Gotsch pioneered the Civil Protective Order (CPO) Court, prioritizing their protection. His pivotal role in implementing the Odyssey Case Management System across Indiana courts underscores his commitment to efficient judicial processes.

December 15, 2023

Legal Verdict: STMicroelectronics Liable for $32.5M Damages to Purdue University in Transistor Technology Patent Case

By Overhauser Law Offices, LLC

STMicroelectronics, a leading European chipmaker, has been held accountable for violating Purdue University’s patent related to transistor technology. This ruling, delivered by a jury in a West Texas court, resulted in a $32.5 million damages verdict. The jury supported Purdue’s argument that ST’s use of silicon carbide metal oxide semiconductor field effect transistors (MOSFETs) in electric-vehicle chargers and other devices breached the university’s patent rights specifically pertaining to transistors designed for “high-voltage power applications.” In response, an ST spokesperson announced the company’s plan to challenge the verdict by filing an appeal.

Michael Shore, an attorney representing Purdue, highlighted compelling evidence against ST, suggesting potential additional royalties exceeding $100 million before the patent’s expiration in 2026.

MOSFETs play a critical role in electronic devices by controlling and amplifying electricity flow. Purdue initiated the lawsuit against ST in 2021, alleging that the company’s MOSFETs infringed upon two of its transistor technology patents. However, one of Purdue’s patents was removed from the case by the university in West Lafayette, Indiana last year. ST contested the accusations, arguing that the remaining Purdue patent was invalid.

December 12, 2023

Patent Office Issued 270 Patents to Indiana Entities in October 2023

By Overhauser Law Offices, LLC

The U.S. Patent Office issued the following 270 patents to persons and businesses in Indiana in October 2023:

US 11515057 B2	High optical transparent two-dimensional electronic conducting system and process for generating same
US 11515742 B2	Methods, systems, and apparatus for reducing cogging torque in an electric machine
US 11512362 B2	Method for producing an ultra high strength galvannealed steel sheet and obtained galvannealed steel sheet
US 11514541 B2	Systems and methods for managing a transportation plan
US 11512659 B2	System and method for self-adjusting engine performance parameters during fuel quality variation

December 11, 2023

From Typo to Triumph: The Inspiring Story of Bette Nesmith Graham

By Overhauser Law Offices, LLC

Bette Nesmith Graham, a single mother facing financial struggles while working as a secretary, encountered a pivotal moment that transformed her career. Observing artists painting festive scenes on a bank’s windows, she had an epiphany. Her lifelong love for the arts, combined with perseverance, became her savior.

Having dropped out of high school to attend secretarial school and marry her sweetheart, she faced numerous challenges raising her son while her husband served in World War II. Her job as an executive secretary at the Texas Bank and Trust demanded high typing proficiency, a skill she lacked, especially with the transition from manual to electric typewriters. In a stroke of creative genius, she used water-based paint to cover typing errors, a solution that gained popularity among her colleagues.

Encouraged by the enthusiastic response, Bette embarked on perfecting her invention, initially named “Mistake Out,” with the help of collaborators. Financial constraints were a constant hurdle, but her determination drove her to promote and distribute her invention. Despite setbacks, including rejection by major companies like IBM, demand surged, prompting her to establish her own company.

December 8, 2023

Orthopedic Plate System at Center of Patent Infringement Suit

By Overhauser Law Offices, LLC

Plaintiff OrthoPediatrics Corp. (“OP”) filed a Complaint against fellow Warsaw, Indiana corporation, WishBone Medical, Inc. (“WishBone”). They are alleging patent infringement concerning U.S. Patent No. 8,777,998, titled “Pediatric Long Bone Support or Fixation Plate.”

The complaint states that the Plaintiff (OP) has designed and patented an innovative orthopedic plate system explicitly made for pediatric patients. They claim that the patent in question addresses a longstanding issue in pediatric orthopedics—specifically adapting adult implants for use in children, which poses risks such as damaging the epiphyseal plate or stunting bone growth.

The Plaintiff asserts that WishBone’s introduction of their “PRIMA™ Femoral Locking Plate System” infringes upon Patent 8,777,998 through alleged replication of at least three of its claimed features. OP further asserts that in addition to manufacturing their own allegedly infringing product, WishBone also markets and sells the product.

December 4, 2023

Unraveling the Legal Knot: Copyright Infringement and the UFC Broadcast Case

By Overhauser Law Offices, LLC

Joe Hand Promotions, Inc., a Pennsylvania-based corporation, alleges ownership of exclusive distribution rights for broadcasting premier sporting events, including the Ultimate Fighting Championship® (UFC). Through agreements with copyright holders, Joe Hand Promotions, Inc. claims they obtained authorization to exhibit UFC 246: McGregor vs. Cowboy.

Defendants, comprising LNH, LLC operating in Burlington, Indiana as Burlington Pizza/The Barn, along with Neal D. Harmon and Loriann Harmon, allegedly exhibited UFC 246 at their commercial establishment without the required authorization from Joe Hand Promotions, Inc. The plaintiff claims that this action violated licensing requirements and involved unauthorized access to the Program through various means, including cable, satellite, or internet streams.

Joe Hand Promotions, Inc. asserts satellite and cable piracy violations under 47 U.S.C. § 605 and 47 U.S.C. § 553, claiming that the defendants intercepted satellite signals or used unauthorized cable signals to broadcast the Program, contravening federal laws regulating such transmissions. Joe Hand also Alleges infringement of its exclusive distribution rights under the Copyright Act (17 U.S.C. §§ 106, 501), contending that the defendants exhibited the copyrighted Program publicly without proper authorization, violating intellectual property laws.

December 1, 2023

Court Order in HeathSmart Foods, Inc. v. Sweet Nothings, Inc.

By Overhauser Law Offices, LLC

Defendants in trademark infringement case, HealthSmart Foods, Inc. v. Sweet Nothings, Inc. and Beth Porter have initiated a Motion to Dismiss based on lack of personal jurisdiction under Federal Rule o f Civil Procedure 12(b)(2) and failure to state a claim under Rule 12(b)(6). Additionally, they have requested the case be transferred to the Northern District of California.

The dispute before Indiana Judge Matthew P. Brookman involves the use of the trademark SWEET NOTHINGS. In the midst of the case, Defendant Beth Porter initiated a separate lawsuit in California against HealthSmart, claiming fraud and unfair competition. Defendants argue that the defenses in the Indiana case overlap with Ms. Porter’s claims in the California case, indicating evidence and witness overlap as grounds for the case to be transferred. However, after careful consideration, the Court DENIED the Defendants’ request to transfer the Indiana case to the Northern District of California.

As for the Motion to Dismiss for Lack of Personal Jurisdiction, the judge stated that the issue revolves around whether Defendants’ contacts with Indiana justify personal jurisdiction. Defendants conceded that Sweet Nothings has minimum contacts with Indiana, but the parties disputed the significance of these contacts, the consideration of third-party retailer contacts, and whether exercising jurisdiction aligns with fair play and substantial justice. The Plaintiff argued that Sweet Nothing’s website, offering shipping options to Indiana, actively engaging with Indiana consumers, and facilitating sales through Amazon to Indiana residents, demonstrates purposeful conduct directed towards the Indiana market. Judge Brookman agreed with the Plaintiff and DENIED the Motion to Dismiss for lack of personal jurisdiction.

November 27, 2023

Protecting Intellectual Property: A Legal Fight in the Entertainment Industry

By Overhauser Law Offices, LLC

Las Veg as, NV – Plaintiff G & G Closed Circuit Events, LLC is attempting to safeguard their purported, exclusive distribution rights by suing Indianapolis, Indiana Defendants Susana Sanchez and La Casa De Los Mariscos Mexican Grill #2 LLC for the alleged unauthorized publication of a cable television program.

G&G’s argument states that they were granted the exclusive rights to the commercial distribution of the Saul “Canelo” Alvarez v. Caleb Plant Championship Fight Program that was broadcast on Saturday, November 6, 2021. They further argue that because they have the exclusive rights, any commercial establishment wanting to show the fight had to purchase the license to do so, which the Mexican restaurant failed to do. Therefore, G & G has accused the Defendants of willfully intercepting, receiving, and publishing the fight without said authorization.

As a result, the Plaintiff is asking the court to find that Sanchez and La Casa De Los Mariscos Mexican Grill #2 is in violation of Title 47 U.S.C. Section 605, et seq., which prohibits the unauthorized interception, receipt, publication, and use of communications, including satellite television signals, such as the transmission of the Program in question. In addition, G & G is seeking compensatory, exemplary, and punitive damages, along with costs and attorneys’ fees.

November 24, 2023

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

By Overhauser Law Offices, LLC

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.