Intellectual Property

IU Maurer's Center for IP Research seeks promising clients for clinic

July 13, 2016
Marilyn Odendahl
Launched in January 2015, the intellectual property clinic is part of the law school’s Center for Intellectual Property Research. It has offered pro bono legal services to more than 80 inventors, entrepreneurs and small businesses with roughly half the work related to patents.
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Judge approves settlement in 'Happy Birthday' copyright case

June 29, 2016
 Associated Press
A judge has approved a settlement that will put "Happy Birthday to You" in the public domain.
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7th Circuit cuts attorney fees in Indy skyline photo case

June 17, 2016
Scott Roberts
The 7th Circuit Court of Appeals found the district court did not calculate attorney fees correctly in a dismissed copyright lawsuit and remanded the case so the correct amount could be awarded.
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SCOTUS overturns infringement test for treble damages

June 13, 2016
Marilyn Odendahl
In a consolidated case involving Indiana’s Zimmer Inc., the U.S. Supreme Court has tossed the standard test used to determine whether damages awarded in a patent infringement case should be tripled.
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Congratulations, your genius patent is now a military secret

June 8, 2016
 Bloomberg News
Just a handful of people find themselves in Jim Geer’s position, forbidden by the government from pursuing ideas laid out in patent applications due to national-security concerns.
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Merck’s patent win over Gilead reversed over false testimony

June 7, 2016
 Bloomberg News
Merck & Co.’s $200 million jury verdict against Gilead Sciences Inc. was voided in a patent dispute over a breakthrough for hepatitis C because of misconduct by a witness at the companies’ trial.
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Gilead judge re-opens case amid claim Merck scientist lied

May 2, 2016
 Bloomberg News
A federal judge re-opened Merck & Co.’s patent case against Gilead Sciences Inc. over a hepatitis C drug amid claims that an ex-Merck scientist lied to a jury that awarded the company $200 million in damages.
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Davee: Initial trademark considerations when advising clients

April 20, 2016
When helping the client form their business, there are several items that should be discussed early on, particularly if the client has any desire to pursue federal trademark registration.
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Indiana patent law delaying demand letters

April 20, 2016
Marilyn Odendahl
While the passage of House Enrolled Act 1102 has not been met with a lot of noise, it is causing attorneys to think twice before sending a letter asserting patent infringement. Lawyers now have to consider the requirements of patent laws that have bloomed in many states and the potential ramifications of being found in violation.
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Nguyen: Is Circuit jurisdictional battle judicial wisdom or patent envy?

April 20, 2016
Having legitimate grounds to hear cases involving patent issues comes with a responsibility that regional circuits must address.
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Bloomington startup cultivates patents for novel way to garden

April 20, 2016
Dave Stafford
The U.S. Patent and Trademark Office on March 29 issued a design patent for the Garden Tower 2, and other patents are pending for an invention that allows up to 50 plants to grow in a compact space that would fit on the most modest apartment patio.
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Judge clears ‘Stairway to Heaven’ copyright case for trial

April 13, 2016
 Associated Press
A trial is needed to determine if Led Zeppelin’s “Stairway to Heaven” copies its opening notes from a song performed by the rock band Spirit, a federal judge has ruled.
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High court won’t hear appeal in NFL video game lawsuit

March 21, 2016
 Associated Press
The Supreme Court of the United States is staying out of a dispute between game maker Electronic Arts Inc. and former National Football League players who accuse the company of using their likenesses in the popular Madden NFL video game series without approval.
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Indiana company brings Jesse Owens to the big screen

March 9, 2016
Scott Roberts
An Indiana company that handles intellectual property rights had a big role in telling the story of one of the most influential track athletes of all time through a recently released movie.
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High court rejects appeal in Batmobile copyright case

March 7, 2016
 Associated Press
The U.S. Supreme Court is staying out of a copyright dispute involving a California man who produced replicas of the Batmobile for car-collecting fans of the caped crusader.
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High court won't hear appeal over NFL player settlement

February 29, 2016
 Associated Press
The Supreme Court of the United States turned away an appeal from three former NFL players who challenged a $42 million settlement between the league and nearly 25,000 former players over the NFL's use of player images in film footage.
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Indiana manufacturer’s ‘willful infringement’ suit set for SCOTUS argument

February 22, 2016
Marilyn Odendahl
Indiana medical device maker Zimmer Inc. will be fighting for its wallet Tuesday as part of a patent dispute before the Supreme Court of the United States.
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Publisher to pay $14M in 'Happy Birthday' copyright case

February 9, 2016
 Associated Press
Music publisher Warner/Chappell Music will return $14 million in fees to settle a lawsuit that challenges its claim to "Happy Birthday," one of the world's best-known songs.
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Caterpillar loses $74.6M verdict over trade secret theft

December 22, 2015
Caterpillar Inc. was ordered by a jury to pay $74.6 million for theft of trade secrets from a British maker of earth-moving equipment.
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Patent reform law withstanding challenges

December 16, 2015
Marilyn Odendahl
A battle between two tech companies put a key provision of the recent patent reform law on the firing line. But intellectual property attorneys were not surprised the patent holder attempted to knock out the administrative review process or that the attempt failed.
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Schantz: Infringing IP in your home with 3-D printing

December 16, 2015
Adherence to a few principles will avoid many of the intellectual property potholes on the road of 3-D printing.
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Warr: Cybersecurity lessons learned from an ostrich

December 16, 2015
When the topic of cybersecurity arises, many companies react by burying their heads in the sand. However, playing an ostrich when it comes to cybersecurity will not save you.
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Nguyen: Banking on intellecutal property

December 16, 2015
What do startups and high-growth companies have in common? Intellectual property is their most valuable asset, separating one company from the others in a fiercely competitive tech environment.
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Class-action status granted in athletic scholarship lawsuits

December 8, 2015
 Associated Press
Class-action status has been granted by a federal judge in two lawsuits against the NCAA that claim scholarships illegally cap compensation to college athletes.
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Michael Jordan, Jewel-Osco reach settlement over use of name

November 23, 2015
 Associated Press
Spokespeople for Michael Jordan and a supermarket chain say there's a settlement regarding the alleged misuse of the basketball star's name.
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  1. Whilst it may be true that Judges and Justices enjoy such freedom of time and effort, it certainly does not hold true for the average working person. To say that one must 1) take a day or a half day off work every 3 months, 2) gather a list of information including recent photographs, and 3) set up a time that is convenient for the local sheriff or other such office to complete the registry is more than a bit near-sighted. This may be procedural, and hence, in the near-sighted minds of the court, not 'punishment,' but it is in fact 'punishment.' The local sheriffs probably feel a little punished too by the overwork. Registries serve to punish the offender whilst simultaneously providing the public at large with a false sense of security. The false sense of security is dangerous to the public who may not exercise due diligence by thinking there are no offenders in their locale. In fact, the registry only informs them of those who have been convicted.

  2. Unfortunately, the court doesn't understand the difference between ebidta and adjusted ebidta as they clearly got the ruling wrong based on their misunderstanding

  3. A common refrain in the comments on this website comes from people who cannot locate attorneys willing put justice over retainers. At the same time the judiciary threatens to make pro bono work mandatory, seemingly noting the same concern. But what happens to attorneys who have the chumptzah to threatened the legal status quo in Indiana? Ask Gary Welch, ask Paul Ogden, ask me. Speak truth to power, suffer horrendously accordingly. No wonder Hoosier attorneys who want to keep in good graces merely chase the dollars ... the powers that be have no concerns as to those who are ever for sale to the highest bidder ... for those even willing to compromise for $$$ never allow either justice or constitutionality to cause them to stand up to injustice or unconstitutionality. And the bad apples in the Hoosier barrel, like this one, just keep rotting.

  4. I am one of Steele's victims and was taken for $6,000. I want my money back due to him doing nothing for me. I filed for divorce after a 16 year marriage and lost everything. My kids, my home, cars, money, pension. Every attorney I have talked to is not willing to help me. What can I do? I was told i can file a civil suit but you have to have all of Steelers info that I don't have. Of someone can please help me or tell me what info I need would be great.

  5. It would appear that news breaking on Drudge from the Hoosier state (link below) ties back to this Hoosier story from the beginning of the recent police disrespect period .... MCBA president Cassandra Bentley McNair issued the statement on behalf of the association Dec. 1. The association said it was “saddened and disappointed” by the decision not to indict Ferguson police officer Darren Wilson for shooting Michael Brown. “The MCBA does not believe this was a just outcome to this process, and is disheartened that the system we as lawyers are intended to uphold failed the African-American community in such a way,” the association stated. “This situation is not just about the death of Michael Brown, but the thousands of other African-Americans who are disproportionately targeted and killed by police officers.” http://www.thestarpress.com/story/news/local/2016/07/18/hate-cops-sign-prompts-controversy/87242664/

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