Intellectual Property

Kraft prevails in Cracker Barrel fight

November 15, 2013
Dave Stafford
Not coming soon to a grocery store near you: food products from Cracker Barrel Old Country Store restaurants.
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Orbitz contracts with hotels are ‘trade secrets,’ Tax Court rules

October 17, 2013
Jennifer Nelson
The Indiana Tax Court Wednesday granted online travel company Orbitz LLC’s request to place certain documents under seal – including contracts the company has with three Indiana hotels. Judge Martha Wentworth determined that the contracts are trade secrets, so they are not subject to public disclosure.
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Lilly scientists stole $55M in secrets, indictment alleges

October 9, 2013
IBJ Staff, J.K. Wall
Three former employees of Eli Lilly and Co. allegedly transferred trade secrets that Lilly values at more than $55 million to a competing Chinese drug company, according to an indictment unsealed Tuesday in federal court.
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Irked judge in tanning trademark dispute: ‘This is a busy Court’

September 27, 2013
Dave Stafford
A federal judge warned a tanning product maker and lawyers defending it from a trademark infringement claim that they were dangerously close to getting burned.
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Judge tosses one of two stent patent suits against Cook Medical

August 7, 2013
Dave Stafford
A federal judge Wednesday dismissed a patent dispute case against Cook Medical Inc. of Bloomington, but a Texas corporation continues to press its claim that the device maker infringed its patents on blood vessel stents and grafts.
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Large 'pay-to-delay' payments may become history after U.S. Supreme Court ruling

June 17, 2013
Marilyn Odendahl
A decision handed down by the Supreme Court of the United States Monday could end the practice of pharmaceutical companies paying competitors very large sums to keep their generics off the market.
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SCOTUS rules on Myriad BRCA1, BRCA2 patent case

June 13, 2013
Jennifer Nelson
A naturally occurring DNA segment is not eligible for a patent simply because it has been isolated, the Supreme Court of the United States ruled Thursday. DNA that is not a product of nature may be patent eligible, however.
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Faegre Baker Daniels to open office in Silicon Valley

June 6, 2013
IL Staff
Faegre Baker Daniels LLP is heading to California to open an office in Silicon Valley.
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Lawsuit threatens NCAA's amateur business model

May 22, 2013
Anthony Schoettle
The NCAA is facing a potential game-changing legal battle that has some colleges worrying their athletic budgets could be halved.
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Supreme Court’s ruling for Monsanto described as good decision

May 22, 2013
Marilyn Odendahl
The Supreme Court of the United States decision upholding the patent owned by Monsanto Co. was surprising only in its unanimous affirmation.
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SCOTUS rules against Indiana farmer in seed patent case

May 13, 2013
Jennifer Nelson
A unanimous Supreme Court of the United States has ruled that patent exhaustion doesn’t allow a farmer to reproduce patented seeds through planting and harvesting without the patent holder’s permission.
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First-Inventor-to-File system creates uncertainty

April 10, 2013
Marilyn Odendahl
The historic change in the patent system puts U.S. in step with other industrialized countries.
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Bottling up generics

April 10, 2013
Dave Stafford
The Supreme Court of the United States recently heard a government challenge of drugmakers' "pay to delay" practice.
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Legal fight fuels tensions in tight-knit tech world

January 16, 2013
Chris O'Malley
A trademark-infringement case brought against App Press LLC threatens to smother the tech startup in legal fees before it reaches its potential. And in a curious twist, the case also has generated grumblings in the tightknit developer community toward a big law firm that is representing App Press’ opponent in the federal court case.
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SCOTUS to hear Indiana farmer’s case against Monsanto in February

January 7, 2013
Marilyn Odendahl
A patent infringement case involving a Knox County soybean farmer and an international seed producer will be argued Feb. 19 before the Supreme Court of the United States.
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IU professor helps get pesky scrivener’s error removed from Trademark Act

December 4, 2012
IL Staff
One pesky scrivener’s error that altered the protection provided by the Trademark Dilution Revision Act of 2006 has been corrected thanks to the efforts of an Indiana University professor.
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SCOTUS decision on seed use may affect farming practices

October 24, 2012
Marilyn Odendahl
The doctrine of patent exhaustion is at the center of a Knox County dispute involving Monsanto Technology over the use of seeds.
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Indiana farmer’s tangle with seed producer over patent infringement gets SCOTUS review

October 8, 2012
Marilyn Odendahl
The Supreme Court of the United States has agreed to review a federal appeals court decision regarding patent infringement in a case involving an Indiana farmer and a seed producer.
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Marilyn Monroe decision points to right of publicity's shortcomings

September 26, 2012
Dave Stafford
The legal landscape for Marilyn Monroe’s heirs changed considerably when a federal court recently affirmed that the idol had no right of publicity that survived her.
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New provisions shine light on patent process

September 26, 2012
Marilyn Odendahl
One addition under the America Invents Act is the public has the opportunity to participate in pre- and post-grant reviews.
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Fishers company loses Marilyn Monroe court appeal

August 31, 2012
IBJ Staff
CMG Worldwide, an intellectual property licensing firm in Fishers, has lost a federal court appeal related to ownership of iconic images of Marilyn Monroe.
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Terms of Art: Musical background helps attorney connect with clients

August 15, 2012
Wandini Riggins
Wandini Riggins writes about attorney Trezanay Atikins, whose interests in music and sports led to her launching her own intellectual property firm.
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NDLS clinic to participate in patent law pilot project

July 24, 2012
IL Staff
The Notre Dame Law School’s Intellectual Property and Entrepreneur Clinic has been selected by the United States Patent and Trademark Office to take part in the agency’s Patent Law School Clinic Certification Pilot Program beginning this fall.
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'Hologram' performance by Tupac creates legal questions for IP lawyers

May 9, 2012
Jenny Montgomery
Fans raved about the "hologram" Tupac Shakur's performance at Coachella. For intellectual property lawyers, Tupac’s virtual return to the stage raises some interesting questions.
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U.S. Copyright Office counsel to speak at IU Maurer

April 6, 2012
IL Staff
A senior-level attorney for the United States Copyright Office will deliver a public talk on April 9 at Indiana University Maurer School of Law.
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  1. "Am I bugging you? I don't mean to bug ya." If what I wrote below is too much social philosophy for Indiana attorneys, just take ten this vacay to watch The Lego Movie with kiddies and sing along where appropriate: https://www.youtube.com/watch?v=etzMjoH0rJw

  2. I've got some free speech to share here about who is at work via the cat's paw of the ACLU stamping out Christian observances.... 2 Thessalonians chap 2: "And we also thank God continually because, when you received the word of God, which you heard from us, you accepted it not as a human word, but as it actually is, the word of God, which is indeed at work in you who believe. For you, brothers and sisters, became imitators of God’s churches in Judea, which are in Christ Jesus: You suffered from your own people the same things those churches suffered from the Jews who killed the Lord Jesus and the prophets and also drove us out. They displease God and are hostile to everyone in their effort to keep us from speaking to the Gentiles so that they may be saved. In this way they always heap up their sins to the limit. The wrath of God has come upon them at last."

  3. Did someone not tell people who have access to the Chevy Volts that it has a gas engine and will run just like a normal car? The batteries give the Volt approximately a 40 mile range, but after that the gas engine will propel the vehicle either directly through the transmission like any other car, or gas engine recharges the batteries depending on the conditions.

  4. Catholic, Lutheran, even the Baptists nuzzling the wolf! http://www.judicialwatch.org/press-room/press-releases/judicial-watch-documents-reveal-obama-hhs-paid-baptist-children-family-services-182129786-four-months-housing-illegal-alien-children/ YET where is the Progressivist outcry? Silent. I wonder why?

  5. Thank you, Honorable Ladies, and thank you, TIL, for this interesting interview. The most interesting question was the last one, which drew the least response. Could it be that NFP stamps are a threat to the very foundation of our common law American legal tradition, a throwback to the continental system that facilitated differing standards of justice? A throwback to Star Chamber’s protection of the landed gentry? If TIL ever again interviews this same panel, I would recommend inviting one known for voicing socio-legal dissent for the masses, maybe Welch, maybe Ogden, maybe our own John Smith? As demographics shift and our social cohesion precipitously drops, a consistent judicial core will become more and more important so that Justice and Equal Protection and Due Process are yet guiding stars. If those stars fall from our collective social horizon (and can they be seen even now through the haze of NFP opinions?) then what glue other than more NFP decisions and TRO’s and executive orders -- all backed by more and more lethally armed praetorians – will prop up our government institutions? And if and when we do arrive at such an end … will any then dare call that tyranny? Or will the cost of such dissent be too high to justify?

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