Intellectual Property

Texas Roadhouse brands Indiana chain a trademark rustler, lassos favorable rulings

April 19, 2017
Dave Stafford
Texas Roadhouse has a prime beef with Texas Corral restaurants, claiming in a federal lawsuit that from their look and feel to their logos and building designs, the smaller Indiana-based chain is all hat, no cattle.
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Growth of craft breweries means more IP fights

April 19, 2017
Marilyn Odendahl
The rise in trademark litigation reflects the changing flavor of the craft beer industry as brewers seek to protect existing names and designs.
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Boots: IP audits, management programs have value

April 19, 2017
An IP audit maximizes the value of the organization’s IP assets, mitigates IP liabilities and supports an effective IP management program, which is often made an integral part of its strategic planning.
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Schantz: Software patents — the phoenix of patent subject matter

April 19, 2017
The Supreme Court shook the foundations of the software patent world in 2012 (Mayo v. Prometheus) and 2014 (Alice Corp. v. CLS Bank International), leaving business leaders (and their patent attorneys) to wonder whether — or even hope that — software patents were dead.
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Coachella isn't all that chill about its brand

April 11, 2017
 Bloomberg News
As the multi-weekend music festival has grown to 600,000 attendees paying hundreds of dollars each, the event’s owners have also grown more protective of its identity.
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Lilly shares rise after Alimta cancer drug patent upheld

January 13, 2017
 Bloomberg News
Eli Lilly and Co. won an appeals court ruling Thursday that upheld the validity of a patent for its lung cancer drug Alimta, helping shares rise by almost 3 percent.
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Nokia sues Apple to escalate mobile-patent licensing battle

December 22, 2016
 Bloomberg News
Nokia Oyj sued Apple Inc. saying the iPhone maker infringed several mobile patents, turning simmering tension between the companies into a bitter public  legal battle on multiple fronts.
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Nguyen: IP lessons from China

December 14, 2016
Several years ago, China surpassed the United States in the number of trademark registrations issued per year. China has already become a very important stakeholder in the intellectual property area. This article provides a glimpse into how China has tackled the remedies in IP infringement.
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High court sides with Samsung in patent dispute with Apple

December 6, 2016
 Associated Press
A unanimous Supreme Court of the United States on Tuesday sided with smartphone maker Samsung in its high-profile patent dispute with Apple over design of the iPhone.
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Wednesday IP lecture at IU McKinney canceled

November 14, 2016
IL Staff
A planned lecture on patents and innovation policy at the Indiana University Robert H. McKinney School of Law on Wednesday has been canceled.
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8th Circuit upholds Warner Bros.' legal victory over 'Gone With the Wind' merchandise

November 2, 2016
 Bloomberg News
It might sound extraordinary, but a legal dispute over merchandise associated with The Wizard of Oz, Gone With the Wind and Tom and Jerry has been raging for more than a decade. On Tuesday, the 8th Circuit Court of Appeals revisited the dispute by affirming both a $2.57 million judgment and permanent injunction in favor of Warner Bros.
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Members of Indiana legal community weigh in on ‘metaphysical quandary’

October 31, 2016
Marilyn Odendahl
Before the Supreme Court of the United States heard arguments Monday morning on an issue that has been described as a “metaphysical quandary,” the Indiana legal community offered some guidance.
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Whirlpool tries freezing copycat fridge filters with 40 lawsuits

August 8, 2016
 Bloomberg News
Whirlpool Corp. has filed 40 lawsuits to protect one replacement part: a $50 refrigerator water filter.
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Interactive files federal patent suit against competitor

August 2, 2016
Susan Orr, IBJ Staff
Indianapolis-based Interactive Intelligence Inc. has filed a federal patent lawsuit against Avaya Inc., a competitor with which Interactive Intelligence also had a long-standing patent license agreement.
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Corporate lawyers argue over whether Colbert can be Colbert

July 28, 2016
 Associated Press
After CBS "Late Show" host Stephen Colbert told viewers that lawyers representing his old Comedy Central show said he couldn't be "Stephen Colbert" anymore, he thumbed his nose at them with a transparent dodge.
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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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