Summer is almost here and several Indiana IP lawsuits are starting to heat up. Here are some of the most interesting updates from the previous month:
Sears Authorized Hometown Stores, LLC v. Lynn Retail, Inc. et al. (SD, filed 6/4/2021) – No update this month.
Noble Roman’s, Inc. v. AMI Stores Management, Inc. et al. (SD, filed 6/6/2021) – No update this month.
Forest River, Inc. v. inTech Trailers, Inc. (ND, filed 8/31/2021) – On May 18, 2023, the Plaintiff filed its Reply Brief in Support of Partial Motion for Summary Judgment.
Fans of discovery disputes may want to follow this lawsuit more closely going forward. On May 18, the Plaintiff also filed its Response to Defendant’s Additional Statement of Material Facts.
On May 31, 2023, the Plaintiff filed a Motion to Exclude Testimony and Opinions of the Defendant’s expert witness.
Thomas v. ooShirts, Inc. et al. (SD, filed 9/24/2021) – The lawsuit was dismissed on June 8, 2023.
Gabet et al. v. Amazon.com. Inc. et al. (ND, filed 1/20/2022) – In resolving the prior discovery dispute, on June 5, 2023, the Court ordered that the Plaintiffs shall file a revised version of their Exhibit A that is both “text-copyable” and electronically “searchable.” The Court declined to impose sanctions on the Plaintiff’s counsel.
The Evolutionary Level Above Human, Inc. v. Havel et al (ND, filed 5/18/2022) – Several of Defendant Bartel’s recent motions were stricken by the Court on June 6, 2023. The Court also prohibited the pro-se parties from filing any other motions without the Court’s permission until further order. A status conference was held on June 14, 2023.
Oakley, Inc. v. Batter’s Box Training, LLC et al (SD, filed 8/11/2022) – No update this month.
Honest Abe Roofing franchise, Inc. v. DCH & Associates, LLC et al. (SD, filed 9/7/2022) – No update this month.
MaddenCo Inc. v. Reed et al. (SD, filed 10/31/2022) – No update this month.
The Center for Gestalt Development, Inc. v. Bowman (SD (11/09/2022) – No update this month but the other individual defendant has transferred their lawsuit from the Eastern District of Pennsylvania to the Southern District of Indiana. See below.
1.4G Holdings, LLC v. North Central Industries, Inc. et al. (SD 1/05/2023) – A Uniform Stipulated Protective Order was approved on May 17, 2023. The Defendants filed a Preliminary Exhibit List on May 19, 2023.
Stross v. Lynn Boolman Auto Sales Limited Liability Company et al. (ND 1/25/2023) – The lawsuit was settled and dismissed with prejudice on May 31, 2023.
Albert’s Diamond Jewelers, Inc. v. AaLand Diamond Jewelers LLC (ND 2/01/2023) – On June 2, 2023, the Defendant filed a Motion to Bifurcate Damages from Liability. The Defendant wants a separate trial to first determine whether liability exists before spending time and energy on any damages calculations.
Delta Faucet Company v. Watkins et al. (SD 2/01/2023) – An Affidavit of Service for Defendant Watkins was filed on May 22, 2023, with service on April 27, 2023. On May 24, 2023, the Plaintiff filed a Motion for Clerk’s Entry of Default against Defendant Watkins, which was entered on June 14, 2023 for failure to respond.
USA Football, Inc. v. Flag Football World Championship Tour, LLC et al. (SD 2/13/2023) – On June 6, 2023, the case was transferred to the Eastern District of Texas and assigned case number 4:23-cv-00516.
Roller Ready, LLC v. LA Systems, LLC d/b/a Monkey Rung et al. (ND 2/14/2023) – The response deadline for Defendant Kiley has been extended to July 5, 2023. The Answer for Defendant LA Systems, LLC is due on August 1, 2023.
Taylor Shaye Designs LLC v. Shein Distribution Corp. (SD 4/11/2023) – The Defendant filed its Answer on May 30, 2023. The Answer consists mostly of general denials or “lack of information” responses and includes nineteen affirmative defenses so the Plaintiff can expect to face a vigorous defense. Defense counsel are David J. Carr, Thomas A. Walsh, and Paul C. Sweeney of ICE MILLER LLP.
HealthSmart Foods, Inc. v. Sweet Nothings, Inc. et al. (SD 4/13/2023) – On June 7, the Defendants filed a lengthy Motion to Dismiss for Failure to State a Claim and a Motion to Transfer Case.
Sak Group, Inc. v. Blue Hill Hospitality, Inc. (ND 4/25/2023) – No update this month.
National College Resources Foundation v. The Strong Friends LLC et al. (ND 5/4/2023) – No update yet.
The National Registry of Emergency Medical Technicians v. Dulaney et al. (SD 5/15/2023) – The Defendants’ counsel have now appeared and first extensions of time have been obtained.
Joe Hand Promotions, Inc. v. LNH, LLC d/b/a Burlington Pizza/The Barn (ND 5/24/2023) – No update yet.
The Center for Gestalt Development, Inc. v. Robine et al. (SD 6/13/2023) – No update yet.
April 2023 Updates – March 2023 Updates – February 2023 Updates – January 2023 Updates
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