R. David Donoghue

Blogs: Chicago IP Litigation, Retail Patent Litigation

Latest Articles

OCTOBER 2019 RETAIL PATENT LITIGATION REPORT

December 3, 2019

NPEs stayed busy entering the fourth quarter. Frequent filers included AlexSam, Consolidated Transaction Processing, Cascades Branding, Devine Licensing, Express Mobile, Geographic Location Innovations, Guada Technologies, and Symbology. As usual, I prepared the report in partnership with and using Docket Navigator and its powerful database. Docket Navigator is a valuable resource, and the place to go if you want to keep track of new patent litigation filings or want to know what is happening in particular…

Retail Patent Litigation

SEPTEMBER 2019 RETAIL PATENT LITIGATION REPORT

By R. David Donoghue

November 26, 2019

September patent filings increased from the summer months, as they usually do. Kids go back to school, adults wrap up summer vacations and NPEs get back to filing suits.. Frequent filers included Billingnetwork Patent, Consolidated Transaction Processing, Geographic Location Innovations, Guada Technologies, Interface IP Holdings, Internet Media Interactive, Modern Font Applications, and Symbology. As usual, I prepared the report in partnership with and using Docket Navigator and its powerful database. Docket Navigator is a valuable…

Chicago IP Litigation

Lack of Irreparable Harm Dooms Preliminary Injunction Motion

By R. David Donoghue

October 30, 2019

Varex Imaging Corp. v. Richardson Elecs., Ltd., No. 18 C 6911, Slip Op. (N.D. Ill. Sep. 30, 2019) (Blakey, J.). Judge Blakey denied defendant Richardson Electronics’ motion for preliminary injunction in this dispute involving x-ray tubes. Varex claimed that Richardson Electronics sale of refurbished x-ray tubes infringed its patents and irreparably harmed Varex. As an initial matter, the Court noted that both parties claimed claim construction was unnecessary and ignored the Court’s request to decide…

Chicago IP Litigation

Repair versus Reconstruction is a Fact Issue Not Appropriate for Rule 12 Determination

By R. David Donoghue

October 28, 2019

Varex Imaging Corp. v. Richardson Elecs., Ltd., No. 18 C 6911, Slip Op. (N.D. Ill. Aug. 27, 2018) (Blakey, J.). Judge Blakey denied defendant Richardson Electronics’ Fed. R. Civ. P. 12(b)(6) motion to dismiss based upon patent exhaustion in this dispute involving x-ray tubes. Richardson Electronics alleged that plaintiff Varex’s sale of its x-ray tubes exhausted its patent rights, leaving Richardson Electronics free to refurbish them. Richardson Electronics allegedly procures used Varex’s x-ray tubes, opens…

Chicago IP Litigation

Court Construes Audio-Conferencing Claim Terms

By R. David Donoghue

October 25, 2019

Shure, Inc. v. ClearOne, Inc., No. 17 C 3078, Slip Op. (N.D. Ill. Aug. 25, 2018) (Chang, J.). Judge Chang construed the remaining claims in this patent case involving audio-conferencing equipment utilizing beam microphones. Of particular interest, the Court held as follows: The Court construed “Each of the Plurality of Combined Signals Corresponding to a Different Fixed Beam” by holding that “fixed” requires that the beams parameters remain fixed during a conference. The Court construed…

Chicago IP Litigation

Preliminary Injunction Denied Based Upon Likely Invalidity Despite PTAB IPR Decision of No Invalidity

By R. David Donoghue

October 23, 2019

Shure, Inc. v. ClearOne, Inc., No. 17 C 3078, Slip Op. (N.D. Ill. Aug. 25, 2018) (Chang, J.). Judge Chang denied declaratory judgment defendant ClearOne’s motion for reconsideration of the Court’s denial of a preliminary injunction (PI) in this patent case involving audio-conferencing equipment utilizing beam microphones. As an initial matter, the Court held that the parties were both incorrect regarding the Federal Rule that ClearOne’s motion was properly considered under. Rule 59(e) was inapplicable…

Chicago IP Litigation

Irreparable Harm Based Upon Difficulty to Ascertain Impact of Lost Sales

By R. David Donoghue

October 21, 2019

Shure, Inc. v. ClearOne, Inc., No. 17 C 3078, Slip Op. (N.D. Ill. Aug. 5, 2019) (Chang, J.). Judge Chang granted declaratory judgment defendant ClearOne’s preliminary injunction and construed necessary terms of the patent, as the parties had already fully briefed claim construction, in this patent dispute related to in-ceiling beamforming microphone arrays. Of particular note, the Court held as follows: The Court held that the person of ordinary skill in the art need not…

Chicago IP Litigation

Court Rules on Post-Jury Trial Award of Costs

By R. David Donoghue

October 18, 2019

GC2 Inc. v. Int’l Game Tech., No. 16 C 8794, Slip Op. (N.D. Ill. Jul. 29, 2019) (Kennelly, J.). Judge Kennelly ruled on plaintiff GC2’s motion for costs after its jury trial win on copyright infringement and Digital Millennium Copyright Act (DMCA) claims. Of particular note, the Court held as follows: Fees of the Clerk & Marshal The Court award the $400 filing fee. The Court also awarded $398 for service, billed at the Marhal’s…

Chicago IP Litigation

Dog Tug Toy Withstands Section 101 Challenge

By R. David Donoghue

October 1, 2019

This is a cross-post written by my partner Anthony Fuga from Holland & Knight’s Section 101 Blog. I am cross-posting because Anthony’s post is about a Judge Durkin 101 opinion in FYF-JB, LLC v. Pet Factory, Inc., No. 19cv2608 (N.D. Ill.). I am also posting it because Anthony’s 101 analysis at the Section 101 Blog is top-notch. Anyone interested in the current state of 101 law should be reading it. FYF-JB sued Pet Factory…

Retail Patent Litigation

August 2019 Retail Patent Litigation Report

By R. David Donoghue

October 1, 2019

August patent filings stayed consistent with June and July in the retail space, as opposed to the usual summer slowdown. Frequent filers included Aeritas, Consolidated Transaction Processing, Digi Portal, Display Technologies, Internet Media Interactive, Intertrust Technologies, Modern Font Applications, Landmark Technology, Sonohm Licensing, Symbology, Transaction Secure and WordLogic.…

R. David Donoghue

OCTOBER 2019 RETAIL PATENT LITIGATION REPORT

SEPTEMBER 2019 RETAIL PATENT LITIGATION REPORT

Lack of Irreparable Harm Dooms Preliminary Injunction Motion

Repair versus Reconstruction is a Fact Issue Not Appropriate for Rule 12 Determination

Court Construes Audio-Conferencing Claim Terms

Preliminary Injunction Denied Based Upon Likely Invalidity Despite PTAB IPR Decision of No Invalidity

Irreparable Harm Based Upon Difficulty to Ascertain Impact of Lost Sales

Court Rules on Post-Jury Trial Award of Costs

Dog Tug Toy Withstands Section 101 Challenge

August 2019 Retail Patent Litigation Report

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