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Disciplinary Actions – 4/19/17
Read who’s been suspended or reinstated by the Indiana Supreme Court.
Schantz: Software patents — the phoenix of patent subject matter
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.
Boots: IP audits, management programs have value
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.
Growth of craft breweries means more IP fights
The rise in trademark litigation reflects the changing flavor of the craft beer industry as brewers seek to protect existing names and designs.
Texas Roadhouse brands Indiana chain a trademark rustler, lassos favorable rulings
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.
Southern District seeking public comment on proposed rule changes
The U.S. District Court for the Southern District of Indiana is seeking public feedback on proposed changes to some of its local rules.
February 2017 bar exam results released
The February results for the Indiana Bar Exam have dropped to a historic low with the overall pass rate at 48 percent in 2017.
Senate Judiciary Committee sends 3 issues to study committee
The effect that revisions to Indiana’s Criminal Code are having on the population of county jails is now a topic up for further legislative review after the Indiana Senate Judiciary Committee passed a resolution to recommend the issue for a summer study committee.
Opinions April 17, 2017
Indiana Court of Appeals
Rueth Development Company and Rueth Development Company d/b/a Superior Lumber Company v. H&H Rueth, Inc. (mem. dec.)
45A03-1608-CP-1821
Civil plenary. Affirms the grant of summary judgment to H&H Rueth Inc. in complaint that it owed money to Rueth Development Co. The Lake Superior Court correctly found that Rueth Development’s untimely response to H&H’s motion for summary judgment and corresponding documents could not be considered.
Next round of justice interviews begins Tuesday
The Indiana Judicial Nominating Commission will select the three finalists this week to fill Justice Robert Rucker’s spot on the Indiana Supreme Court. Second-round interviews with the remaining 11 candidates begin Tuesday.
SCOTUS to hear church-state case
Justice Neil Gorsuch's first week on the U.S. Supreme Court bench features an important case about the separation of church and state that has its roots on a Midwestern church playground. The outcome could make it easier to use state money to pay for private, religious schooling in many states.
US Supreme Court rejects bid by detained asylum seekers
The Supreme Court of the United States has rejected an appeal from detained immigrant mothers and their children who claim they will be persecuted if they are returned to their Latin American homelands.
Gorsuch asks his first questions from Supreme Court bench
U.S. Supreme Court Justice Neil Gorsuch wasn't shy Monday about making his voice heard as he took his seat on the bench for the first time to hear arguments.
Judge sets June hearing for woman accused of killing 2 kids
A northern Indiana judge has set a June hearing on whether a woman accused of killing her two children is fit to stand trial.
Opinions April 14, 2017
The following Indiana Tax Court opinion was posted after IL deadline Thursday:
Zimmer, Inc. v. Indiana Department of State Revenue
49T10-1507-TA-25
Tax. Grants summary judgment in favor of Zimmer Inc. on its exhibition booth components that were stored in Indiana for subsequent use solely outside Indiana, but grants summary judgment to the Indiana Department of State Revenue on the exhibition booth components that were repaired in Indiana during the 2009, 2010 and 2011 tax years. Finds the undisputed material facts establish that Zimmer stores its exhibition booth components in Indiana for subsequent use solely at out-of-state trade shows, but that it repaired some exhibition booth components in its Indiana warehouse on an as-needed basis.
Therapy trainee’s ADA suit against hospital, Ivy Tech proceeds
A lawsuit against Henry County Memorial Hospital and Ivy Tech Community College will proceed after a judge ruled in favor of a woman who claims her termination from a clinical training session violated the Americans with Disabilities Act.
Holcomb signs off on provision removing AG residence requirement
Indiana’s attorney general no longer has to reside in Indianapolis to hold office now that Gov. Eric Holcomb has signed a bill to remove the residency requirement.
Report: Millennials want to make partner, but take different path than older attorneys
Generational differences between baby boomer and millennial attorneys have created stark differences in how members of those generations approach their day-to-day tasks, but in terms of career goals, young attorneys today have the same long-term aspirations as their predecessors.
Judge to hear arguments against Trump sanctuary city order
A federal judge in San Francisco will hear arguments in the first lawsuit challenging President Donald Trump's executive order to withhold funding from communities that limit cooperation with immigration authorities.