Monsanto Company et al v. David Pilman

On December 30, 2008, Joseph C. Orlet, S. Christian Mullgardt, II, Matthew R. Grant of Husch, Blackwell, Sanders, LLC brought a patent infringement action on behalf of Monsanto Technology LLC against David Pilman. See 4:08-cv-02020 (AGF).

Belden Technologies, Inc. v. Hubbell Incorporated

On December 17, 2008, Frank B. Janoski of Lewis Rice & Fingersh brought a trademark infringement action on behalf of Belden Technologies, Inc. against Hubbell Incorporated. See 4:08-cv-01956 (ERW).

Stone Mountain Carpet Mills, Inc. v. M.W. Montrose, LLC

On December 16, 2008, Randall D. Grady of Riezman Berger, PC brought a trademark infringement action on behalf of Stone Mountain Carpet Mills, Inc. against M.W. Montrose, LLC. See 4:08-cv-01951 (CDP)

Monsanto Company et al v. Jay A. Thoroughman

On December 12, 2008, Daniel C. Cox, Raymond L. Massey of Thompson Coburn, LLP bought a patent infringement action on behalf of Monsanto Technology LLC against Jay A. Thoroughman. See 4:08-cv-01931-SNLJ.

Capitol Records, LLC et al v. Jessica Robinson

On December 10, 2008, John D. Ryan of Lathrop & Gage brought a copyright infringement action on behalf of Capitol Records, LLC, UMG Recordings, Inc., BMG Music, and Sony BMG Music Entertainment against Jessica Robinson. See 4:08-cv-01912 (CEJ).

Whitney Design, Inc. v. Brabantia Nederland B.V.

On December 5, 2008, Nelson D. Nolte, E.D., McPherson D. Moore, E.D. of Polster & Lieder brought a patent infringement suit on behalf of Whitney Design, Inc. against Brabantia Nederland B.V. See 4:08-cv-01882 (AGF).

American Recreation Products, Inc. v. Field and Stream Licenses Company, LLC

On November 26, 2008, Keith A. Rabenberg of Senniger Powers brought a trademark infringement action on behalf of American Recreation Products, Inc.against Field and Stream Licenses Company, LLC. See 4:08-cv-01835 (JCH).

Industrial Wire Products, Inc. v. Jo-Ann Stores, Inc.

On November 25, 2008, Carl J. Geraci of Helfrey & Neiers, PC, brought a trademark infringement action on behalf of Industrial Wire Products, Inc. against Jo-Ann Stores, Inc. See 4:08-cv-01821 (CEJ).

Essex P.B. & R. Corp. v. Xcaper Industries, LLC

On November 6, 2008, Frank B. Janoski, Carine M. Doyle of Lewis, Rice & Fingersh, L.C brought a patent infringement action on behalf of Essex P.B. & R. Corp. against Xcaper Industries, LLC. See 4:08-cv-01705 (ERW).

Nestec S.A. v. Wysong Corporation

On October 29, 2008, David A. Roodman, James B. Surber of Bryan Cave, LLP bought a patent infringement action on behalf of Nestec S.A. against Wysong Corporation. See 4:08-cv-01662-FRB.

Joelsongs et al v. D.F.W.M.. Inc. et al

On October 27, 2008, Douglas A. Copeland of Copeland & Thompson brought a copyright infringement action on behalf of Joelsongs, Universal-Polygram International Publishing, Inc., Bon Jovi Publishing, Agressive Music, EMI April Music, Inc., and Desmobile Music Co. against D.F.W.M.. Inc. See 4:08-cv-01653-SNLJ.

Warner Bros. Records, Inc. et al v. Malik Sellers

On October 10, 2008, John D. Ryan of Lathrop & Gage brought a copyright infringement action on behalf of Warner Bros. Records, Inc., Laface Records LLC, and UMG Recordings, Inc. against Malik Sellers. See 4:08-cv-01566 (CEJ).

UMG Recordings, Inc. et al v. Mike A. Schreiber

On October 10, 2008, John D. Ryan of Lathrop & Gage brought a copyright infringement action on behalf of UMG Recordings, Inc., Arista Records LLC, BMG Music, Sony BMG Music Entertainment, Zomba Recording, LLC, Laface Records LLC against Mike A. Schreiber. See 4:08-cv-01564,

UMG Recordings, Inc. et al v. Stacey Hamm

On October 10, 2008, John D. Ryan of Lathrop & Gage brought a copyright infringement action on behalf of UMG Recordings, Inc., Motown Record Company, L.P., BMG Music, Atlantic Recording Corporation against Stacey Hamm. See 4:08-cv-01563-CEJ.

Builders Mutual Insurance Company v. Builders' Mutual Casualty Company

On October 8, 2008, Michael J. Hickey of Lewis & Rice brought a trademark infringement action on behalf of Builders Mutual Insurance Company against Builders' Mutual Casualty Company. See 4:08-cv-01555 (DDN).

Industrial Wire Products, Inc. v. Organize.com, Inc.

On October 7, 2008, Carl J. Geraci, David B.B. Helfrey of Helfrey & Neiers, P.C.
brought a trademark infringement action on behalf of Industrial Wire Products, Inc.
against Organize.com, Inc. See 4:08-cv-01546-SNLJ.

JBM Electronics Co. v. Transtel Group, Inc.

On October 3, 2008, Richard S. Cornfeld and Matthew A. Rosenberg of Thompson Coburn LLP brought a patent infringement suit on behalf of JBM Electronics Co. against Transtel Group, Inc. See 4:08-cv-01528 (DJS).

Salus Corporation v. Cardinal Health, Inc.

On October 3, 2008, Rudolph A. Telscher, Jr., Matthew L. Cutler, Kara R. Yancey, Molly B. Edwards of Harness & Dickey brought a patent infringement action on behalf of Salus Corporation against Cardinal Health, Inc. See 4:08-cv-01527 (SNLJ).

TechGuard Security, L.L.C. v. James B. Joyce

On September 26, 2008, Jeffrey B. Hunt, Don V. Kelly, Angela H. Loehr of Gallop Johnson & Neuman brought a patent infringement action on behalf of TechGuard Security, L.L.C. against James B. Joyce. See 4:08-cv-01489 (AGF).

Inteplast Group, Ltd. v. Coroplast, Inc.

On September 16, 2008, B. Scott Eidson, David W. Harlan of Senniger Powers LLP brought a patent infringement action on behalf of Inteplast Group, Ltd., against Coroplast, Inc. See 4:08-cv-01413-CAS.

Covidien AG et al v. CaridianBCT, Inc.

On September 15, 2008, Jacqueline Ulin Levey of Armstrong Teasdale, LLP, brought a trademark infringement on behalf of Covidien AG and Tyco Healthcare Group L.P. against CaridianBCT, Inc. See 4:08-cv-01405 (CEJ)

Smoke N' Fire, Inc. v. Smoke N Fire Enterprises, LLC

On September 15, 2008, Dan C. Sanders, Ralph A. Monaco II of Monaco & Sanders LC brought a trademark infringement against on behalf of Smoke N' Fire, Inc., against Smoke N Fire Enterprises, LLC. See 4:08-cv-01409-CAS

Star Manufacturing International Inc. v. National Display Rack Systems, Inc.

On September 12, 2008, Douglas D. Churovich, McPherson Dorsett Moore, Scott A. Smith of Polster & Lieder brought a patent infringement action Star Manufacturing International Inc. against National Display Rack Systems, Inc. See 4:08-cv-01391 (MAM)

Broadcast Music, Inc et al v. Terkev, Inc. dba Big Johnson's Dog Haus

On September 11, 2008, William C. Dunning of Guilfoil & Petzall brought a copyright infringement action on behalf of Broadcast Music, Inc., Rondor Music International Inc. dba Irving Music, Jonathan Siebels dba Less Than Zero Music, Tony Fagenson dba Southfield Road Music, James Maxwell Stuart Collins dba Fake and Jaded Music
Warner-Tanerlane Publishing Corp., Eleksylum Music Inc., No Surrender Music a division of Praxis International Communications Inc., Robert Kuykendall dba Cyanide Publishing, Richard A. Beam dba Cyanide Publishing, Bruce Joha dba Cyanide Publishing, Bret M. Sychak dba Cyanide Publishing, Michael Balzary dba Moebetoblame Music, John Anthony Frusciante dba Moebetoblame Music, Anthony Kiedis dba Moebetoblame Music, Chad Gaylord Smith dba Moebetoblame Music, Universal - Songs of Polygram International Inc., Fuel Publishing Inc. dba Pener Pig Publishing, Dimensional Music Publishing LLC dba Songs of the Knoll, Jason Wade dba G Chills Music, Tentative Music Inc., Universal Music MGB NA LLC dba Universal Music Careers, Christopher A. Daughtry dba Surface Pretty Deep Ugly Music, Songs of Universal Inc., against Terkev, Inc. dba Big Johnson's Dog Haus and Teresa Kettenbrink. See 4:08-cv-01385 (TIA).

Avante International Technology, Inc. v. Premier Election Solutions, Inc.

On September 9, 2008, Paul A. Lesko, Jo Anna Pollock of Simmoncooper, LLC brought a patent infringement action on behalf of Avante International Technology, Inc., against Premier Election Solutions, Inc., Election Systems & Software, Inc., and Sequoia Voting Systems. See 4:08-cv-01367 (ERW)

Arista Records LLC et al v. Does 1-54

On August 28, 2008, John D. Ryan of Lathrop & Gage brought a copyright infringement action against Arista Records LLC, Atlantic Recording Corporation, BMG Music, Capitol Records, LLC, Elektra Entertainment Group, Inc., Fonovisa, Inc., Interscope Records, Laface Records LLC, Lava Records, LLC, Motown Record Company, L.P., Nonesuch Records Inc., Priority Records, LLC, Sony BMG Music Entertainment, UMG Recordings, Inc., Virgin Records America, Inc., Warner Bros. Records, Inc., Zomba Recording, LLC against Does 1-54. See 4:08-cv-01289 (CEJ).

EMI Virgin Music, Inc. et al v. Star Makers Entertainment, Inc. et al

On August 19, 2008, Douglas A. Copeland of Copeland & Thompson brought a
copyright infringement action on behalf of EMI Virgin Music, Inc., Oliver Leiber MusicM O B Music Publishing, Sony/ATV Harmony, Sea Gayle Music, EMI April Music, Inc., and The 1992 Diane Warren Trust against Star Makers Entertainment, Inc. See 4:08-cv-01214-MAM

The Friday Group, LLC v. Ticketmaster Corporation

On August 18, 2008, Anthony G. Simon, Timothy E. Grochocinski of Simon Passanante, PC brought a patent infringement action on behalf of The Friday Group, LLC against Ticketmaster Corporation, A.C. Entertainment, Inc., Live Nation Worldwide, Inc., Musictoday, Inc., Superfly Events, Superfly Productions, LLC, Ultrastar Entertainment, LLC. See 4:08-cv-01203-DJS.

Robert Sterling Hensley v. Ellington Industrial Supply, Inc.

On August 15, 2009, Geoffrey G. Gerber and Jeffrey R. Baron of Husch, Blackwell, Sanders, LLP brought a copyright infringement action on behalf of Robert Sterling Hensley against Ellington Industrial Supply, Inc., Ellington Manufacturing, Inc., and Edward L. Baker. See1:08-cv-00126-LMB.

Whitney Design, Inc. v. B & R Plastics, Inc.

On August 4, 2008, Nelson D. Nolte and McPherson D. Moore of Polster Lieder Woodruff & Lucchesi brought a patent infringement case on behalf of Whitney Design, Inc, against B & R Plastics, Inc. See 4:08-cv-01140.

Chanel, Inc. v. Jeannine Buford et al

On July 28, 2008, Benjamin A. Halpert and Belinda B. May of Sonnenschein and Nath, LLP brought a trademark infringement suit on behalf of Chanel, Inc. against Jeannine Buford et al. See 4:08-cv-01110-HEA .

Broadcast Music, Inc et al

On July 22. 2008, William C. Dunning, Esq. and Eric M. Waltelrs, Esq. of Guilfoil Petzall & Shoemake, L.L.C. brought a copyright infringement action on behalf of Broadcast Music, Inc et al. See 4:08-cv-01073-DJS

Emerson Electric Co. v. Anaheim Manufacturing Company

On July 22, 2008, Rudolph A. Telscher and Kara R. Yancey of Harness Dickey & Pierce brought a trademark infringement action on behalf of Emerson Electric Co. against Anaheim Manufacturing Company. See 4:08-cv-01068-AGF

KV Pharmaceutical Company et al v. Breckenridge Pharmaceutlical, Inc.

On July 17, 2008, Rudolph A. Telscher, Jr.; Matthew L. Cutler; Kara R. Yancey; Molly B. Edwards of Harness, Dickey & Pierce brought a patent infringement action on behalf of KV Pharmaceutical Company against Breckenridge Pharmaceutlical, Inc. See 4:08-cv-01052.

Tailgate Nation, Inc. et al v. Top Marketing USA et al

On July 11, 2008, Rick Klingbeil of Rick Klingbeil, PC brought a patent infringement action on behalf of Tailgate Nation, Inc. et al against Top Marketing USA. See 4:08-cv-01040-CEJ
Michael J. Hickey of Lewis, Rice & Fingersh, L.C. has appeared for the defense

Getty Images (US), Inc. v. Ruth Industries, Inc.

On July 9, 2008, Marior Aieta and Karen Bekker of Saterlee Stephens Burke & Burke LLP brought a copyright infringement action on behalf of Getty Images (US), Inc. against Ruth Industries, Inc. See 4:08-cv-01003-ERW
Daniel P. Jaffe, Dutro Campbell, and Justin Stephens of Husch Blackwell Sanders LLP have appeared for the defense.

Mitchell v. Vita Distributing, LLC

On July 2, 2008, Keith J. Grady and Graham L.W. Day of Polsinelli Shalton Flanigan Suelthaus PC brought a patent infringement action on behalf of Mitchell against Vita Distributing, LLC. See 4:08-cv-00972-CDP.

THIS, LLC v. Grand Carnival Mfg, LLC

On June 23, 2008, Todd S. Sharinn, Esq. of Harris Beach PLLC brought a trademark infringement action on behalf of THIS, LLC against Grand Carnival Mfg, LLC. See 4:08-cv-00901-CAS.

Vi-Jon, Inc. v. Calico Laboratories, Inc.

On June 23, 2008, John H. Quinn III and Michael H. Longmeyer of Armstrong Teasdale, LLP brought a patent infringement action on behalf of Vi-Jon, Inc. against Calico Laboratories, Inc. See 4:08-cv-00905-AGF

Hoodlums Welding Hoods, LLC v. Redtail International LLC

On June 20, 2008, Paul A. Lesko of SimmonsCooper LLC brought a copyright infringement action on behalf of Hoodlums Welding Hoods, LLC against Redtail International LLC. See
4:08-cv-00893-DDN
Rudolph A. Telscher, Jr. of Harness, Dickey & Pierce has appeared for the defense.

Gone Gator Music et al v. Teachers Billiards, Inc.

On June 11, 2008, Douglas A. Copeland of Copeland Thompson Farris PC brought a copyright infringement action on behalf of Gone Gator Music et al against Teachers Billiards, Inc. See 4:08-cv-00851-ERW

Murphy & Company, Inc. v. Central Bancompany, Inc.

On June 3, 2008, Frank B. Janoski and Bridget Hoy of Lewis, Rice & Fingersh, L.C. brought a copyright infringement action on behalf of Murphy & Company, Inc. against Central Bancompany, Inc. See 4:08-cv-00803-CEJ
David A. Roodman of Bryan Cave LLP has appeared for the defense.

Fink v. Fred Weber, Inc.

On June 3, 2008, Steven W. Edwards of Steven W. Edwards & Associates brought a copyright infringement action on behalf of Fink against Fred Weber, Inc. See, 4:08-cv-00799-FRB.
Thomas L. Caradonna; Michael J. Hickey of Lewis, Rice & Fingersh, L.C. have appeared for the defense

Quick Point, Inc. v. Excel Engineering, Inc. d/b/a Prime Concepts, Inc.

On June 2, 2008, McPherson D. Moore of Polster, Lieder, Woodruff & Lucchesi, L.C. brought a patent infringement action on behalf of Quick Point, Inc. against Excel Engineering, Inc. d/b/a Prime Concepts, Inc. See 4:08-cv-00797-DDN

Code 3, Inc. v. Whelen Engineering Company, Inc.

On May 30, 2008, David W. Harlan; Robert M. Evans, Jr.; Micahel J. Hartley of Senniger Powers, LLP brought a patent infringement action on behalf of Code 3, Inc. against Whelen Engineering Company, Inc. See 4:08-cv-00786-AGF
Nicholas B. Clifford, Jr.; John H. Quinn III: Jeffrey L. Schullztz; Michael H. Longmeyer of Armstrong Teasdale LLP have appeared for the defense

Wild Sales, LLC v. Tailgate Nation, Inc.

On May 29, 2008, Michael J. Hickey of Lewis, Rice & Fingersh, L.C. brought a patent infringement action on behalf of Wild Sales, LLC against Tailgate Nation, Inc. See 4:08-cv-00772-RWS.
Rick Klingbeil, of Rick Klingbeil, P.C. has appeared for the defense.

Poparic v. Boric et al

On May 19, 2008, David N. Tarlow of Coggan & Tarlow brought a copyright infringement action on behalf of Poparic against Boric. See 4:08-cv-00720-HEA
Steven H. Schwartz; Todd A. Lubben of Brown & James, P.C. have appeared for the defense.

Patterson v. ABS Consulting, Inc.

On May 14, 2008, Robert A. Wright, Jr. of Wright & Wright brought a trademark infringement action on behalf of Patterson against ABS Consulting, Inc. See 4:08-cv-00697-RWS

Election Systems & Software, Inc. v. Avante International Technology Corporation

On May 14, 2008, Rayond P. Niro; Christopher J. Lee; Brday J. Fulton; Karen Blouin of Niro, Scavone, Haller & Niro brought a patent infringement action on behalf of Election Systems & Software, Inc. against Avante International Technology Corporation. See 4:08-cv-00695-TCM
Paul Lesko of SimmonsCooper LLC has appeared for the defense.

Grand Carnival Manufacturing, LLC v. This LLC

On May 2, 2008, Richard F. Huck, III of Stinson Morrison Heckler LLP brought a trademark infringement action on behalf of Grand Carnival Manufacturing, LLC against This LLC. See 4:08-cv-00624-HEA

American Sportsman Sign Co., Inc. v. Don Wasserman International, Inc.

On April 30, 2008, William D. Rotts of Rotts & Gibbs, LLC brought a copyright infringement action on behalf of American Sportsman Sign Co., Inc. against Don Wasserman International, Inc.
See 4:08-cv-00608-CAS

Avante International Technology, Inc. v. Premier Election Solutions, Inc.

On April 25, 2008, Paul A. Lesko of Simmons Cooper LLC brought a patent infringement action on behalf of Avante International Technology, Inc. against Premier Election Solutions, Inc. See 4:08-cv-00587-TCM.
Robert M. Evans, Jr., Jennifer E. Hoekel, and Sara Weilert Gillette of Senninger Powers, LLP have appeared for the defense.

1st Technology, LLC v. Digital Gaming Solutions S.A. et al

On April 25, 2008, Anthony G. Simon of Simon Passanante, PC brought a patent infringemetn action on behalf of 1st Technology, LLC against Digital Gaming Solutions S.A. et al. See 4:08-cv-00586-DDN.

John H. Quinn III of Armstrong Teasdale LLP has appeared for the defense

U.S. Ring Binder, L.P. et al v. Staples the Office Superstore, LLC

On April 25, 2008, Anthony G. Simon of Simon Passanante, PC brought a patent infringement action on behalf of U.S. Ring Binder, L.P. et al against Staples the Office Superstore, LLC. See 4:08-cv-00583-TCM.
Keith A. Rabenberg and Richard L. Brophy of Senninger Powers, LLP have appeared for the defendant.

Rutledge Company, Inc. v. Addressograph Bartizan, LLC.

On April 22, 2008, Jeffrey H. Kass and Daniel T. Simpson, Jr. of Gallop Johnson brought a patent infringement action on behalf of Rutledge Company, Inc. against Addressograph Bartizan, LLC. See 4:08-cv-00563-DDN

Caribbean Creme, Inc. vs. Krispy Kreme Doughnuts, Inc., et al.

On April 18, 2008, Andrew B. Mayfield; John H. Quinn, II; Micahel Longmeyer of Armstrong Teasdale LLP brought a trademark infringement action on behalf of Caribbean Creme, Inc. vs. Krispy Kreme Doughnuts, Inc., et al. See 4:08-cv-00541-CAS.

Hunter Engineering Company v. Hennessy Industries, Inc.

On April 7, 2008, Rudy Telscher of Harness, Dickey brought a patent infringement action on behalf of Hunter Engineering Company against Hennessy Industries, Inc. See: 4:08-cv-00465-DDN

Farrago v. Rawlings Sporting Goods Company, Inc., 2008 WL 880178 (E.D. Mo 2008)

Judge Carol Jackson granted Rawlings summary judgment that Rawlings did not infringe Farrogo's U.S. Patent No. 5,073,986 on a Pad Structure for Relieving Knee Stress, denied Rawlings motion that the patent was invalid for anticipation or obviousness. On the question of literal infringement, Judge Jackson found that an expert's opinion was not enough to create a genuine dispute that the Rawlings product, which was in evidence, had a flat surface. As to infringement under the doctrine of equivalents, Judge Jackson found that holding that a three-sided pad with a curved upper surface equivalent to pad with four periphery surfaces would vitiate the meaning of the "four periphery surfaces" limitation.

Triumph Pharmaceuticals, Inc. v. Frontier Pharmaceutical, Inc.

On March 24, 2008, Matthew L. Cutler of HARNESS, DICKEY filed a patent infringement suit on behalf of Triumph Pharmaceuticals, Inc. against Frontier Pharmaceutical, Inc. See 4:08-cv-00419-RWS.

How Long Will Your Patent Case Be Pending in the Eastern District of Missouri?

How long will your patent case be pending in the Eastern District? An average of 339 days. However there are some variations from Judge to Judge.

Meengya Music et al v. M3, LLC et al

On March 24, 2008, Douglas A. Copeland, of COPELAND AND THOMPSON, brough a copyright infringement action on behalf of Criterion Music Corp., Mars Mountain Music, Meengya Music, Ray Vaughn Music, Inc., Sixx Gunner Tunes, Tommyland Music, and Universal Music Corp. against M3, LLC. See 4:08-cv-00404-CAS.

Missouri Legislature Contemplates Changes to State Trademark Statute

House Bill 1856 and its Senate counterpart, SB1048, propose changes to Missouri's trademark statute. Aside from raising the filing fee to $75 per class, changes include the introduction of limitations on registrability modeled after Section 2(d) of the Lanham Act, and the introduction of intent-to-use trademark applications. The latter does not appear to be completely thought out, since a facsimile of use is still a requirement for filing.
See, http://www.house.mo.gov/billtracking/bills081/bills/HB1856.HTM for the House version, and http://www.senate.mo.gov/08info/BTS_Web/Bill.aspx?SessionType=R&BillID=65359 for the Senate version

Munchkin, Inc. et al v. Furminator, Inc.

On March 17, 2008, Graham L. W. Day and Keith J. Grady of POLSINELLI AND SHALTON, P.C., filed a patent infringement suit on behalf of Munchkin, Inc. and Kim Laube & Co., Inc., against Furminator, Inc. See: 4:08-cv-00367-RWS

Interscope Records et al v. Does 1 - 6

On March 14, 2008, John D. Ryan of Lathrop and Gage filed a copyright infringement action on behalf of Arista Records LLC, Atlantic Recording Corporation, BMG Music, Capitol Records, Inc., Elektra Entertainment Group, Inc., Interscope Records, Motown Record Company, L.P., Sony BMG Music Entertainment, UMG Recordings, Inc., Warner Bros. Records, Inc., Zomba Recording, LLC, against Does 1-6. See 4:08-cv-00355-CEJ

Anheuser-Busch, Inc. v. VIP Products LLC

On March 14, 2008, Gary A. Pierson, II of Husch Blackwell Sanders, LLP filed a trademark infringement suit on behalf of Anheuser-Busch, Inc. against VIP Products. See 4:08-cv-00358-TCM

UMG Recordings, Inc. et al v. Whalan

On March 11, 2008, John D. Ryan of Lathrop and Gage filed a copyright infringement action on behalf of Sony BMG Music Entertainment, UMG Recordings, Inc., Warner Bros. Records, Inc., Zomba Recording, LLC, against Whalan. See 4:08-cv-00340-CEJ

BMG Music et al v. Hieken

On March 11, 2008, John D. Ryan of Lathrop and Gage filed a copyright infringement action on behalf of BMG Music, Capitol Records, Inc., Sony BMG Music Entertainment, UMG Recordings, Inc., Virgin Records America, Inc., and Warner Bros. Records, Inc. . against Heiken. See 4:08-cv-00339-CEJ

BMG Music Entertainment et al v. Braun

On March 11, 2008, John D. Ryan of Lathrop and Gage filed a copyright infringement action on behalf of Arista Records LLC, Capitol Records, Inc., Interscope Records, Sony BMG Music Entertainment, UMG Recordings, Inc., Warner Bros. Records, Inc. . against Braun. See 4:08-cv-00338-CEJ

UMG Recordings, Inc. et al v. Smith

On March 11, 2008, John D. Ryan of Lathrop and Gage filed a copyright infringement action on behalf of BMG Music, Interscope Records, Sony BMG Music Entertainment, UMG Recordings, Inc., and Warner Bros. Records, Inc. against Smith. See 1:08-cv-00037-CEJ

Sensient Technologies Corporation et al v. SensoryFlavors, Inc. et al

On March 10, 2008, Paul F. Linn of Michael and Best (Milwaukee, WI) and William M. Corrigan, Jr. of ARMSTRONG TEASDALE, LLP, filed a trademar infringement suit on behalf of Sensient Technologies Corporation and Sensient Flavors LLC against SensoryFlavors, Inc., Performance Chemicals & Ingredients Co. See 4:08-cv-00336-ERW
SensoryFlavors, Inc., Diehl Food Ingredients, Inc. , Highlander Partners, L.P. and Performance Chemicals & Ingredients Co. are being represented by Suzanne Campbell of Andrews Kurth LLP (Dallas, TX) and David S. Corwin of Devereux and Murphy

Warner Bros. Entertainment Inc. et al v. Vantrease

On March 5, 2008, Karen R. Thorland LOEB AND LOEB, LLP (Los Angeles, CA), and John D. Donnelly and David W. Harlan of SENNIGER POWERS, filed a copyright infringement suit on beahlf of Disney Enterprises, Inc., Lucasfilm Ltd., Paramount Pictures Corporation, Twentieth Century Fox Film Corporation, and Warner Bros. Entertainment Inc. against Vantrease. See 1:08-cv-00033-CAS

Warner Bros. Entertainment Inc. et al v. Montgomery

On March 5, 2008, Karen R. Thorland LOEB AND LOEB, LLP (Los Angeles, CA), and John D. Donnelly and David W. Harlan of SENNIGER POWERS, filed a copyright infringement suit on beahlf of Twentieth Century Fox Film Corporation and Warner Bros. Entertainment Inc. against Montgomery. See 1:08-cv-00032-HEA.

Paramount Pictures Corporation et al v. Burke

On March 5, 2008, Karen R. Thorland, of Loeb and Loeb, LLP (Los Angeles, CA) and John D. Donnelly and David W. Harlan ofSENNIGER POWERS filed a copyright infringement action on behalf of Paramount Pictures Corporation and Warner Bros. Entertainment Inc. against Burke. See 1:08-cv-00029-CAS

Staples v. Johns Manville, Inc.

On March 3, 2008, Keith A. Rabenberg and Marc W. Vander Tuig of Senniger, Powers, filed a patent infringement suit on behalf of Lawrence L. Staples against Johns Manville, Inc.. See: 4:08-cv-00306-JCH

Lifeline Technologies, Inc. v. Archer Daniels Midland Company

On February 28, 2008, Frank B. Janoski and Michael J. Hickey of LEWIS RICE filed a patent infringement action on behalf of Lifeline Technologies, Inc. against Archer Daniels Midland Company. See: 4:08-cv-00279-CAS

Joseph S. Sturniolo & Associates, Inc. v. DeRusha et al

On February 27, 2008. Jarrad C. Holst of REINERT AND ROURKE P.C., filed a trademark infringement action on behalf of Joseph S. Sturniolo & Associates, Inc. against DeRusha.
See 4:08-cv-00276-CEJ

Warren Sign Company, Inc. v. Demond Signs, Inc.

On February 22, 2008, Patrick W. Keefe of Keefe and Keefe, PC, filed a copyright infringement suit on behalf of Warren Sign Company, Inc., against Demond Signs, Inc.

Warren Sign Company, Inc. v. Demond Signs, Inc.

On February 22, 2008, Patrick W. Keefe of Keefe and Keefe, PC filed a copyright infringement suit against Demond Signs, Inc.: 4:08-CV-00257-HEA

Cynergy Ergonomics, Inc. v. Ergonomic Partners, Inc. et al.

On February 19, 2008, Don V. Kelly of GALLOP JOHNSON filed a trademark infringement suit on behalf of Cynergy Ergonomics, Inc. against Ergonomic Partners, Inc. et al.: 4:08-cv-00243-JCH.

Warren Sign Company, Inc. v. Piros Signs, Inc.

On February 19, 2008, Patrick W. Keefe of Keefe and Keefe, PC filed a copyright suit against Warren Sign Company, Inc.: 4:08-CV-00240-TCM

Shesol v. I.V. House, Inc.

On February 22, 2008, J. Mark Smith of Pendleton and Friedberg, P.C. (Denver, CO) filed a patent infringement suit for Barry F. Shesol against I.V. House, Inc.: 4:08-CV-00246-HEA Joseph A. Mahoney and Vera A. Nackovic of Mayer Brown LLP (Chicago, IL) are representing defendant I.V. House, Inc.

Turkey on Rye Music v. J. Dalton & Sons LLC

On January 15, 2008, Douglas A Copeland, of Copeland and Thompson, filed a copyright infringement suit on behalf of Bon Jovi Publishing, EMI Full Keel Music Co., Turkey on Rye Music, and Universal-Polygram International Publishing, Inc.: 4:08-CV-00065-CEJ Defenant J. Dalton & Sons LLC is being represented by Gerald M. Dunne of Dunne and Koeing, LLC

Trial Counsel Who Was Also A Shareholder and Director Denied Access to Attorneys' Eyes Only Documents

In Meridian Enterprises Corp. v. Bank of America, 4:06-cv-01117, Judge Sippel denied plaintiff's trial counsel access to attorneys' eyes only documents because the "risk of inadvertent disclosure is great because [the attorney] is both a shareholder fo meridiana dn a member of its Board of Directors, and therefore has a fidiciary duty to Meridian to disclose all information in his possession germane to the issues discussed." Judge Sippel found no prejudice to Meridian because Meridian's primary outside counsel will still have access to the information.

CPFilms, Inc. v. Shattergard Security & Safety Window Films, Inc.

On February 6, 2008, Nelson D. Nolte of POLSTER AND LIEDER filed a trademark infringement suit on behalf of CPFilms, Inc. against Shattergard Security & Safety Window Films, Inc.: 4:08-cv-00189-AGF.

Arista Records LLC v. Does 1 - 3

On February 1, 2008, John D. Ryan filed a copyright infringement suit on behalf of Arista Records LLC. Atlantic Recording Corporation, BMG Music, Capitol Records, Inc., Elektra Entertainment Group, Inc., Interscope Records, Motown Record Company, LP, Sony BMG Music Entertainment, UMG Recordings, Inc., Warner Bros. Records, Inc., Zomba Recording, LLC, against Does 1, 2, and 3.

No Declaratory Judgment Jurisdiction Even After MedImmune

In Monsanto Company v. Syngenta Crop Protection, Inc., Judge Jackson dismissed Monsanto's declaratory judgment action for lack of subject matter jurisdiction. Monsanto introduced a new herbicide, PARRLAY, and in response Syngenta informed Monsanto that it had a patent on the use of two herbicides, and that it would be an infringement for Monsanto to market PARRLAY in conduction with Roundup. Monsanto brought a declaratory judgment action, and Syngenta moved to dismiss because Monsanto did not allege that it sold or had plans to sell PARRLAY.
Judge Jackson recognizes that following the Supreme Court's decision in MedImmune a plaintiff does not have to establish a reasonable apprehension of a lawsuit in order to establish an actual controversy between the parties. Judge Jackson examined SandDisk, Benitec Australia, Sony, and BridgeLux, and concluded that Monsanto did not establish a "substantial controversy of sufficient immediacy and reality to support declaratory judgment jurisdiction. Judge Jackson found that Syngenta's single letter to Monsanto does not establish a course of conduct that shows a perparedness and willingness to enforce its patent rights. Syngenta did not provide a claim construction or analysis, or demand royalties. Judge Jackson noted that Monsanto would not be a direct infringer of the patent, but at most an inducer of infringement. Judge Jackson noted that to prove inducement, the patentee has to prove direct infringement and that the alleged infringer knowingly induced infringement and possessed specific intent to encourage another's infringement. Monsanto provided the declaration of an employee that he "understands" that Sygenta believes that farmers will mix Monsanto's herbicides, but Judge Jackson did not find this enough to satisfy MedImmune's immediacy and reality requirement. Monsanto also argued that it planned to introduce another herbicide, but since this was post-filing, it was not relevant to establishing a case or controversy when the action was filed.

Monsanto Company v. Woods

On January 29, 2008, S. Christian Mullgardt, II of Husch and Eppenberger, LLC filed a patent infringement suit on behalf of Monsanto Company and Mondanto Technology, LLC against Woods: 4:08-CV-000137-CEJ

Cowboy Boyd's, LLC v. Boyd Coffee Company

On January 28, 2008, Annette P. Heller filed a trademark infringement action on behalf of Cowboy Boyd's, LLC against Boyd Coffee Company: 4:08-cv-00129-JCH.

Failure to Disclose Internal Notes With More Details About Poster Presentation was Material and Intent to Deceive was Inferred

Judge Weber's decision that Bayer's patents were unenforceable was affirmed by the Court of Appeals for the Federal Circuit in Monsanto Co. v. Bayer Bioscience N.V., [2007-1109](January 25, 2008)[GAJARSA, Bryson, Dyk] The Federal Circuit affirmed the district court’s conclusion that U.S. Patent No.5,545,565 is unenforceable for inequitable conduct and hold that the district court had jurisdiction to declare U.S. Patent Nos. 5,767,372, 6,107,546, and 5,254,799. Because the Federal Circuit affirmed the district court’s holding that the ’565 patent is unenforceable for inequitable conduct, it did not reach the other issues raised by Bayer relating to the jury findings of invalidity and non-infringement of the patent.
BRIEF: The district court initially granted summary judgment to Monsanto, holding that all four patents were unenforceable due to inequitable conduct, that certain patent claims were invalid, and that the ’565 patent was not infringed. The Federal Circuit reversed the trial court’s claim construction, and vacated the unenforceability and invalidity judgments. On remand Bayer dropped all infringement claims, except for the '565 patent. A jury found the asserted claims of the ’565 patent not infringed and invalid for obviousness and prior invention by Monsanto, and after a bend trial the district court held all four patents unenforceable for inequitable conduct.LOF: The Federal Circuit reviews the district court’s findings on the threshold issues of materiality and intent for clear error. The ultimate decision on inequitable conduct is reviewed for abuse of discretion. To hold a patent unenforceable for inequitable conduct, a district court must find by clear and convincing evidence that a patent applicant breached its duty of candor and good faith to the United States Patent and Trademark Office by failing to disclose material information, or submitting false material information, with an intent to deceive the PTO. Although Bayer disclosed the Barnes Abstract during patent prosecution, it did not disclose the notes taken by one of its employees, Dr. Celestina Mariani, regarding the Barnes Poster, to which the abstract was in reference, nor the information contained in the notes. Information is material for the purposes of an inequitable conduct determination if "‘a reasonable examiner would have considered such [information] important in deciding whether to allow the parent application.’" Based on Mariani’s testimony, the district court found it "very obvious" that the poster notes would stand in "sharp contradiction" to Bayer’s argument before the patent examiner, in which Bayer argued that the construct described in the Barnes Abstract was non-toxic and non-enabled. The Federal Circuit agreed that Mariani's notes were material, but said that did not end the inquiry. There also had to be evidence of intent to deceive. Direct evidence of intent to deceive is not necessary, but may be inferred from the surrounding circumstances. The Federal Circuit has held that absent a credible reason for withholding the information, “[i]ntent may be inferred where a patent applicant knew, or should have known, that withheld information would be material to the PTO’s consideration of the patent application.”As to Bayer's contention that the district court lacked jurisdiction over the patents no longer in suit, the Federal Circuit observed "The parties do not dispute that the district court’s jurisdiction to rule on attorney fees encompassed the jurisdiction to make findings of inequitable conduct regarding all four patents." The Federal Circuit held that a district court’s jurisdiction under § 285 to determine whether there was inequitable conduct in the prosecution of patents that are otherwise no longer in suit confers on that court the jurisdiction to hold such patents unenforceable for inequitable conduct.

Digital Partners Incorporated v. DPI Inc.

On January 23, 2008, David A. Roodman of BRYAN CAVE LLP filed a trademark infringement claim on behalf of Digital Partners Incorporated against DPI Inc.: 4:08-cv-00108-CDP. Defendant DPI Inc. is being represented by Matthew A. Braunel of THOMPSON COBURN.

Interfood Holding, B.V. v. Rice et al

On January 18, 2008, Thomas Cummings of ARMSTRONG TEASDALE, LLP filed a trademark infringement suit on behalf of Interfood Holding, B.V. against Rice: 4:08-cv-00085-MLM

Opus Northwest Construction Corporation et al v. Opus Remodeling, L.L.C.

On January 17, 2008, Jeffrey H. Kass of ARMSTRONG TEASDALE, LLP filed a trademark infringement suit on behalf of Opus Northwest Construction Corporation and Opus Northwest, L.L.C. against Opus Remodeling, L.L.C.: 4:08-cv-00080-HEA.

Industrial Wire Products, Inc. v. Costco Wholesale Corporation

On January 16, 2008, Carl J. Geraci and David B.B. Helfry, of Helfrey and Neiers P.C., filed a patent infringement suit on behalf of Industrial Wire Products, Inc., against Costco Wholesale Corporation: 4:08-CV-00070-CAS

DND Communications, LLC v. 21 Publishing, LLC,

On January 22, 2008, Annette P. Heller filed a copyright infringment suit on behalf of DND Communications, LLC agaisnt 21 Publishing, LLC: 4:08-CV-00097-DJS

Agxplore International v. McDermott

On January 14, 2008, Sara E. Finan, Jeffrey H. Kass, and Andrew B. Mayfield of Armstrong, Teasdale, LLC filed a trademark infringement suit on behalf of Agxplore International against McDermott: 1:08-cv-00004-LMB

Monsanto Company v. LaValle

On January 10, 2008, Matthew R. Grant, S Charistian Mullgardt, II, and Joseph C. Orlet of Husch and Eppenberger, LLC, filed a patent infringement suit on behalf of Monsanto Company against LaValle. Civil Action No. 4:08-CV-00043-CDP

Warren Sign Company, Inc. v. Prios Signs, Inc.

On January 8, 2008, Patrick W. Keefe of Keefe and Keefe, P.C., filed a copyright infringement suit on behalf of Warren Sign Company, Inc., against Piros Signs, Inc., The Striler Group, Inc., and Eagle Bank and Trust Company of Missouri: 4:08-CV-00024-CEJ Piros Signs, Inc., is beign represented by Dutro E. Campbell, II of Husch and Eppenberger, LLC. The Striler Group, Inc., is being represented by John N. Borbonus, III, of King, Krehbiel, Hellmich & Borbonus LLC, and Eagle Bank and Trust Company of Missouri is being represnted by John M. Hessel, or Lewis and Rice.

Warren Sign Company, Inc. v. Johnnty Mac's Sporting Goods Stores, Inc.

On January 8, 2008, Patric W. Keefe of Keefe and Keefe filed a copyright infringement suit on behalf of Warren Sign Company against Johnny Mac's Sporting Goods Stores, Inc.: 4:08-CV-00025-JCH. Defendant Johnny Mac's Sporting Goods Stores, Inc. is beign represented by Nicholas B. Clifford, Jr., of Armstrong, Teasdale LLP.

Steadfast Capital Management LLC v. Steadfast Financial Services of Jefferson County LLC

On January 7, 2008, Matthew L. Cutler of HARNESS AND DICKEY filed a trademark infringement suit on behalf of Steadfast Capital Management LLC against Steadfast Financial Services of Jefferson County LLC: 4:08-CV-00018-RWS. Defendant Steadfast Financial Services of Jefferson County LLC is being represented by Marvin L. Lindmark, III BOBROFF AND HESSE

Chevron Intellectual Property LLC et al v. David L. Basler

On January 4, 2008, McPherson D. Moore, Ned W. Randle, and Scott A. Smith of POLSTER AND LIEDER filed a trademark infringement suit on behalf of Chevron Intellectual Property LLC and Chevron U.S.A. Inc. against David L. Basler.

Express Scripts, Inc. v. Liberty Express Scripts, Inc.

On January 4, 2008, David A. Roodman of BRYAN CAVE LLP filed a trademark infringement action on behalf of Express Scripts, Inc. against Liberty Express Scripts, Inc.: 4:08-CV-00010-CEJ. Defendant Liberty Express Scripts, Inc. is being represented by Kevin E. Myers of BAKER AND STERCHI, L.L.C.

Ken Behlmann Automotive Services, Inc. et al v. MJ Squared, L.L.C.

On January 2, 2008, Don V. Kelly of Gallop Johnson filed a trademark infringement suit on behalf of Behlmann Pre-Owned Centers, Inc. and Ken Behlmann Automotive Services, Inc. against MJ Squared LLC: 4:08-CV-00001-CEJ