IN Southern District awards $15M in attorney fees, expenses in MDL patent case

On Tuesday, Senior Judge Robert L. Miller Jr., presiding in the Indiana Southern District Court, granted the motion for attorney fees in In Re: Method of Processing Ethanol Byproducts and Related Subsystems (‘858) patent litigation, 1:10-ML-2181. The case started more…

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District Court Awards $15 Million in Attorney Fees in Multi-Defendant and Multi-District Litigation

On May 3, 2022, Judge Robert L. Miller, Jr., United State District Court for the Southern District of Indiana, granted defendants’ motion for attorneys’ fees and expenses. In this 15 law firm major MDL patent litigation in Indianapolis, Woodard Emhardt…

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Federal Circuit affirms judgment that CleanTech's patents are unenforceable due to inequitable conduct.

GS CleanTech Corp. v. Adkins Energy LLC, No. 16-2231 (Fed. Cir. 2020) Woodard Emhardt attorney, Spiro Bereveskos, was on the trial team and cross examined the Cantor Colburn, LLP attorney who admitted “it sent a chill up his spine” to…

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Bill McKenna quoted in The Information, "Amazon Tests Program to Combat Patent Infringement"

Bill McKenna quoted in The Information, “Amazon Tests Program to Combat Patent Infringement.” Amazon is testing a new program that allows merchants on its marketplace who are victimized by cheap, patent-violating knockoffs to get them removed in a few months…

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Amazon Debuts New Pilot Program to Combat Utility Patent Infringement

It has become more and more routine in the past few years for a client to call Woodard, Emhardt, Henry, Reeves & Wagner, LLP regarding an infringing item being sold on Amazon.  Often the seller is new and/or located overseas. …

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Woodard Emhardt Obtains Order Finding Exceptional Case and Awarding Fees in Litigation of Patent for Processing Ethanol Byproducts

In a multi-district case involving 26 defendants, Judge Miller of the U.S. District Court for the Southern District of Indiana, granted the defendants’ motion for an order declaring the case exceptional and awarded attorneys’ fees. The original suit alleged that…

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Woodard Emhardt Obtains Dismissal of Trademark Infringement Complaint

Judge Stivers of the U.S. District Court for the Western District of Kentucky recently ordered that a trademark infringement lawsuit filed against operators of historical horse racing games by numerous prominent race tracks should be dismissed. The suit alleged that…

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Woodard Emhardt Obtains Dismissal of Patent Infringement Complaint Under Section 101

Judge Stivers of the U.S. District Court for the Western District of Kentucky recently ordered that a patent infringement lawsuit filed against operators of historical horse racing games should be dismissed as the three patents asserted failed to claim patent…

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Woodard Emhardt Obtains Order Transferring Patent Case out of the ED of Texas

Judge Leonard Davis of the Eastern District of Texas recently ordered that a patent infringement lawsuit filed against an Indianapolis based company be transferred to the Southern District of Indiana.  The lawsuit was filed following the effective date of the…

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Seventh Circuit Court of Appeals Proposes New Standards For Awarding Attorneys’ Fees in Trademark Infringement Suits

15 U.S.C. §1117(a) allows attorneys’ fees to be awarded to prevailing parties in federal Lanham Act suits (brought primarily for trademark infringement) — but only in “exceptional cases.”  So what constitutes an exceptional case?  Are the various Circuit courts in…

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Irreparable Harm in Preliminary Injunctions and Inevitable Disclosure

This presentation includes a discussion of the state of the law regarding preliminary injunctions in trademark infringement cases.  It also examines similar issues with respect to trade secret infringement, particularly as they relate to the doctrine of inevitable disclosure.  Click…

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Case Law Update: Inequitable Conduct Law Continues to Evolve

In a recent decision, the Federal Circuit ruled a company’s patent unenforceable due to the inequitable conduct committed by the company’s non-inventor president. As background, Avid’s founder and president, Dr. Hannis Stoddard, hired three engineers to develop a product based…

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