Indiana Intellectual Property Law News

Elkhart, Indiana – Indiana patent lawyers for LTI Holdings, Inc. of Modesto, California (“LTI”) filed a patent-infringement complaint in the Northern District of Indiana alleging that Lippert Components, Inc. of Elkhart, Indiana (“Lippert”) infringed Patent Nos. 6,966,590 for a “Two-Part Seal for a Slide-Out Room,” 7,614,676 for a “Resilient Seal for Mobile Living Quarters,” and 7,614,677 for a “Seal Assembly for Mobile Living Quarters.” These patents have been issued by the U.S. Patent and Trademark Office.

Indiana-based Lippert, a subsidiary of Drew Industries, is a large supplier serving the recreational vehicle, manufactured housing, trailer, and bus industries. It offers a line of products dedicated to improving the mobile lifestyle.

Three patents – Patent Nos. 6,966,590 (“the ‘590 patent”), 7,614,676 (“the ‘676 patent”) and 7,614,677 (“the ‘677 patent”) – are at issue in this federal intellectual property lawsuit. Defendant Lippert has been accused of making, offering for sale and/or selling products that infringe upon one or more of these patents. Some of these activities purportedly occurred on two or more recreational vehicles manufactured by facilities in Indiana.

The first accused product is a two-part seal that allegedly infringes one or more claims of the ‘590 patent. The second and third accused products, both “Slide Armor” seals, purportedly infringe as many as all of the patents-in-suit.

A cease-and-desist letter was sent to Jason Lippert, the CEO of Defendant, in March 2015. Plaintiff contends that, despite this letter and the communications that followed, Defendant’s manufacture, offer for sale, and sale of each of the accused products has continued.

In this Indiana complaint, patent attorneys for LTI assert the following claims:

• Count 1: Direct Infringement of the ‘590 Patent
• Count 2: Direct Infringement of the ‘676 Patent
• Count 3: Direct Infringement of the ‘677 Patent
• Count 4: Induced Infringement of the ‘590 Patent

• Count 5: Contributory Infringement of the ‘590 Patent

Plaintiff asks the court to enter a judgment:

a) declaring the ‘590 patent is directly infringed by Defendant;
b) declaring the Defendant induced infringement of the ‘590 patent;
c) declaring the Defendant has contributorily infringed the ‘590 patent;
d) declaring Defendant’s infringement of the ‘590 patent has been willful;
e) declaring Defendant be preliminarily and permanently enjoined from manufacturing, using, selling, and offering to sell the infringing products in the United States prior to the expiration of the ‘590 patent;
f) awarding damages adequate to compensate Plaintiff for Defendant’s infringement of the ‘590 patent including lost profits, but in an amount no less than a reasonable royalty, and that such damages be trebled according to 35 U.S.C. § 284;
g) declaring the ‘676 patent is directly infringed by Defendant;
h) declaring Defendant’s infringement of the ‘676 patent has been willful;
i) declaring Defendant be preliminarily and permanently enjoined from manufacturing, using, selling and offering to sell the infringing products in the United States prior to the expiration of the ‘676 patent;
j) awarding damages adequate to compensate Plaintiff for Defendant’s infringement of the ‘676 patent including lost profits, but in an amount no less than a reasonable royalty, and that such damages be trebled according to 35 U.S.C. § 284;
k) declaring the ‘677 patent is directly infringed by Defendant;
l) declaring Defendant’s infringement of the ‘677 patent has been willful;
m) declaring Defendant be preliminarily and permanently enjoined from manufacturing, using, selling, and offering to sell the infringing products in the United States prior to the expiration of the ‘677 patent;
n) awarding damages adequate to compensate Plaintiff for Defendant’s infringement of the ‘677 patent including lost profits, but in an amount no less than a reasonable royalty, and that such damages be trebled according to 35 U.S.C. § 284; and

o) awarding all costs and expenses of this action, including reasonable attorneys’ fees.

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Indianapolis, Indiana – Indiana patent attorneys for Vandor Corporation d/b/a Starmark Funeral Products of Richmond, Indiana filed a patent-infringement complaint in the Southern District of Indiana alleging that Matthews International Corporation of Pittsburgh, Pennsylvania and Matthews International – Cremation Division of Apopka, Florida (collectively, “Matthews”) infringed Patent No. 8,104,151, entitled “Lightweight Casket Having Foldable Features,” which has been issued by the U.S. Patent and Trademark Office.

Plaintiff Vandor claims ownership of United States Patent No. 8,104,151 (“the ‘151 Patent”). Vandor indicates in this intellectual property complaint that it has sold a cremation-insert product that embodies claims of the ‘151 Patent since at least 2009.

Defendants are accused of the manufacture, use, offer for sale, and/or sale of the “Matthews Cremation Fold-Down Rental Insert,” which Vandor contends directly infringes at least claim 1 of the ‘151 Patent under 35 U.S.C. § 271(a) literally and/or under the doctrine of equivalents.

Plaintiff also claims that Matthews intended to induce patent infringement by others as well as has contributorily infringed the ‘151 Patent under 35 U.S.C. § 271(c) literally and/or under the doctrine of equivalents. Finally, Vandor contends that Matthews been aware that it has been infringing since approximately January 2015. Consequently, Matthews’ alleged infringement has been labeled as “willful and deliberate” by Plaintiff.

The Indiana patent lawyers for Plaintiff ask the Southern District of Indiana to:

• Declare that United States Letters Patent 8,104,151 was duly and legally issued, is valid and is enforceable;
• Enter judgment that Defendants have infringed at least claim 1 of the ‘151 Patent;
• Enter judgment that Defendants have induced infringement of at least claim 1 of the ‘151 Patent;
• Enter judgment that Defendants have contributed to infringement of at least claim 1 of the ‘151 Patent;
• Enter a preliminary and permanent injunction enjoining Defendants and their agents, from any further sales or use of their infringing products and any other infringement of claims of the ‘151 Patent, whether direct or indirect, pursuant to 35 U.S.C. § 283;
• Award damages to compensate Vandor for Defendants’ infringement of the claims of the ‘151 Patent pursuant to 35 U.S.C. § 284;
• Award enhanced damages pursuant to 35 U.S.C. § 284;
• Award pre-judgment and post-judgment interest and costs to Vandor in accordance with 35 U.S.C. § 284; and

• Deem this to be an “exceptional” case within the meaning of 35 U.S.C. § 285, entitling Vandor to an award of its reasonable attorney fees, expenses and costs in this action.

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