Category Archives: Litigation

Indiana Patent Litigation Update

09 Monday Feb 2009

Posted by in Litigation, Patent

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Alcon Research, Ltd. et al. v. Apotex Inc. et al.
1:09-cv-00102; filed February 2, 2009 in the Southern District of Indiana

Infringement of U.S. Patent Nos. 5,641,805 (“Topical Ophthalmic Formulations for Treating Allergic Eye Diseases,” issued June 24, 1997), 6,995,186 (“Olopatadine Formulations for Topical Administration,” issued on February 7, 2006), and 7,402,609 (same title, issued July 22, 2008 ) following a Paragraph IV certification as part of Apotex’s filing of an ANDA to manufacture a generic version of Alcon’s Pataday® (olopatadine hydrochloride ophthalmic solution, used to treat ocular itching associated with allergic conjunctivitis).  View the complaint here.

Alcon Research, Ltd. et al. v. Sandoz Inc.
1:09-cv-00103; filed February 2, 2009 in the Southern District of Indiana

Infringement of U.S. Patent Nos. 5,641,805 (“Topical Ophthalmic Formulations for Treating Allergic Eye Diseases,” issued June 24, 1997) following a Paragraph IV certification as part of Sandoz’s filing of an ANDA to manufacture a generic version of Alcon’s Patanol® (olopatadine hydrochloride ophthalmic solution, used to treat ocular itching associated with allergic conjunctivitis).  View the complaint here.

Courtesy of Patent Docs.

Horseshoe Casino prevails in trademark suit in Southern District

07 Saturday Feb 2009

Posted by in Litigation, Trademark

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The Indiana Law Blog has a post up on a trademark decision in the Southern District of Indiana.  Click here for their full analysis.

“A federal judge has ruled that a New Albany strip club’s use of the name II Horseshoes and a golden horseshoe logo amounts to trademark infringement on nearby Horseshoe Casino.

U.S. District Judge Sarah Evans Barker signed a consent judgment and issued a permanent injunction this week ordering John Mattingly, the owner of II Horseshoes Gentleman’s Club on Old River Road, to stop any use of the Horseshoe name or its trademarked golden horseshoe.

The court also ordered Mattingly to remove the image from any advertising and promotional material, including signs, banners, cocktail napkins, clothing, business cards and receipts.”

Horseshoe Application

The Horseshoe Casino/Hotel trademarks (Reg. Nos. 1839688, 2370824; App. No.  77/657,333) are owned and managed by Harrah’s License Company.

For those not familiar with Indiana gaming law, apparently casinos can’t be on dry land, hence the silliness (pictured below) of putting the casino in a puddle of water and calling it a riverboat.

The Horseshoe Casino, by the way, is hosting a satellite tournament on Feb. 29 that could earn you a seat at the 2009 World Series of Poker Main Event in Las Vegas.  Good luck!

Horseshoe Casino

Indiana Patent Litigation Update

05 Thursday Feb 2009

Posted by in Litigation, Patent

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Eli Lilly & Co. v. Invagen Pharmaceuticals, Inc.
1:09-cv-00087; filed January 28, 2009 in the Southern District of Indiana

Infringement of U.S. Patent Nos. 6,458,811 (“Benzothiophenes Formulations Containing Same and Methods,” issued October 1, 2002), 6,797,719 (same title, issued September 28, 2004), and 6,894,064 (same title, issued May 17, 2005) following a Paragraph IV certification as part of Invagen’s filing of an ANDA to manufacture a generic version of Lilly’s Evista® (raloxifene, used for the prevention and treatment of osteoporosis in postmenopausal women and for the reduction in risk of invasive breast cancer in postmenopausal women with osteoporosis and in postmenopausal women at high risk of invasive breast cancer).  View the complaint here.

Courtesy of Patent Docs