Intellectual Property

Indiana doesn’t have jurisdiction in IP suit, rules 7th Circuit

May 9, 2014
Jennifer Nelson
The 7th Circuit Court of Appeals ordered a District judge to dismiss a case filed by a company with California ties against another California company alleging various IP violations. The judges found Indiana does not have personal jurisdiction over the matter based on emails the allegedly offending company sent.
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Indy club must pay BMI for DJ’s tunes

April 10, 2014
Dave Stafford
A downtown Indianapolis nightclub must pay a tab approaching $20,000 because the club and DJs failed to obtain public-performance licenses after repeated warnings.
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Attorney sues hundreds over use of city skyline picture

April 9, 2014
Dave Stafford
They say a picture is worth a thousand words. Attorney Richard Bell says his picture of the Indianapolis skyline is worth $1,500 or so if you’ve posted it on your website without first paying him to license it.
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Call IP attorney Donald Knebel the ‘master of the facts’

April 9, 2014
Marilyn Odendahl
Ironically, the eight years that veteran attorney Donald Knebel spent avoiding intellectual property law gave him the experience he needed when he finally turned his attention to patent litigation.
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IU Maurer, Rose-Hulman create IP scholars program

March 26, 2014
IL Staff
A new program established by Indiana University Maurer School of Law and Rose-Hulman Institute of Technology will allow select Rose-Hulman graduates to study at the IU law school at a reduced tuition rate.
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Copyright infringement spurs knife fight in Warrick County

March 12, 2014
Marilyn Odendahl
A copyright infringement dispute between two out-of-state companies has spurred criminal charges in Warrick County, a place where neither business has facilities, employees or quite possibly ever visited before these charges were brought.
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Mom and pop store can’t proceed pro se in Coach trademark lawsuit

February 26, 2014
Dave Stafford
The owners of a southern Indiana general store accused in a federal lawsuit of selling knockoff high-end Coach-brand products may not represent pro se their incorporated general store named in the suit.
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Gifts to IU McKinney enabling school to establish endowed chair and fellowship

February 17, 2014
IL Staff
The Indiana University Robert H. McKinney School of Law is endowing its first faculty chair made possible by the gift from school’s namesake donor.
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James Dean estate sues Twitter over ‘@JamesDean’

February 11, 2014
Dave Stafford
The estate of legendary Indiana film star James Dean has sued Twitter, claiming the Internet giant permitted the unauthorized personal Twitter account @JamesDean.
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Kraft wins in food fight with Cracker Barrel

December 4, 2013
Dave Stafford
A federal appeals court ruled recently that savvy consumers might be confused if food branded Cracker Barrel Old Country Store was sold in grocery stores that carry Kraft’s Cracker Barrel brand cheese. Turns out even a law professor who teaches a course on trademarks and unfair competition might be fooled.
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Judge finds Google's book project 'transformative'

December 4, 2013
Marilyn Odendahl
Attorneys differ on whether the recent ruling benefits society or opens the door for infringement.
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Gallagher: Does USPTO favor an international model?

December 4, 2013
In the new first-to-file system, the person who filed a patent application first would receive the benefit of getting the 20-year monopoly. However, there appear to be more subtle changes geared toward an international/European model that could substantially affect an inventor’s ability to obtain a patent in the United States, although these changes could be limited in duration.
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Indiana inventors tell Maurer students about challenging big business in federal court

November 20, 2013
Marilyn Odendahl
Speaking recently to a group of students at Indiana University Maurer School of Law, Lebanon inventor Larry Durkos and his son, Duane, told their story of battling the biggest giant in the bedding industry and winning.
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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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  1. One can only wonder whether Mr. Kimmel was paid for his work by Mr. Burgh ... or whether that bill fell to the citizens of Indiana, many of whom cannot afford attorneys for important matters. It really doesn't take a judge(s) to know that "pavement" can be considered a deadly weapon. It only takes a brain and some education or thought. I'm glad to see the conviction was upheld although sorry to see that the asphalt could even be considered "an issue".

  2. In response to bryanjbrown: thank you for your comment. I am familiar with Paul Ogden (and applaud his assistance to Shirley Justice) and have read of Gary Welsh's (strange) death (and have visited his blog on many occasions). I am not familiar with you (yet). I lived in Kosciusko county, where the sheriff was just removed after pleading in what seems a very "sweetheart" deal. Unfortunately, something NEEDS to change since the attorneys won't (en masse) stand up for ethics (rather making a show to please the "rules" and apparently the judges). I read that many attorneys are underemployed. Seems wisdom would be to cull the herd and get rid of the rotting apples in practice and on the bench, for everyone's sake as well as justice. I'd like to file an attorney complaint, but I have little faith in anything (other than the most flagrant and obvious) resulting in action. My own belief is that if this was medicine, there'd be maimed and injured all over and the carnage caused by "the profession" would be difficult to hide. One can dream ... meanwhile, back to figuring out to file a pro se "motion to dismiss" as well as another court required paper that Indiana is so fond of providing NO resources for (unlike many other states, who don't automatically assume that citizens involved in the court process are scumbags) so that maybe I can get the family law attorney - whose work left me with no settlement, no possessions and resulted in the death of two pets (etc ad nauseum) - to stop abusing the proceedings supplemental and small claims rules and using it as a vehicle for harassment and apparently, amusement.

  3. Been on social security sense sept 2011 2massive strokes open heart surgery and serious ovarian cancer and a blood clot in my lung all in 14 months. Got a letter in may saying that i didn't qualify and it was in form like i just applied ,called social security she said it don't make sense and you are still geting a check in june and i did ,now i get a check from my part D asking for payment for july because there will be no money for my membership, call my prescription coverage part D and confirmed no check will be there.went to social security they didn't want to answer whats going on just said i should of never been on it .no one knows where this letter came from was California im in virginia and been here sense my strokes and vcu filed for my disability i was in the hospital when they did it .It's like it was a error . My ,mothers social security was being handled in that office in California my sister was dealing with it and it had my social security number because she died last year and this letter came out of the same office and it came at the same time i got the letter for my mother benefits for death and they had the same date of being typed just one was on the mail Saturday and one on Monday. . I think it's a mistake and it should been fixed instead there just getting rid of me .i never got a formal letter saying when i was being tsken off.

  4. Employers should not have racially discriminating mind set. It has huge impact on the society what the big players do or don't do in the industry. Background check is conducted just to verify whether information provided by the prospective employee is correct or not. It doesn't have any direct combination with the rejection of the employees. If there is rejection, there should be something effective and full-proof things on the table that may keep the company or the people associated with it in jeopardy.

  5. Unlike the federal judge who refused to protect me, the Virginia State Bar gave me a hearing. After the hearing, the Virginia State Bar refused to discipline me. VSB said that attacking me with the court ADA coordinator had, " all the grace and charm of a drive-by shooting." One does wonder why the VSB was able to have a hearing and come to that conclusion, but the federal judge in Indiana slammed the door of the courthouse in my face.

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