R. David Donoghue

Kapoor v. National Rifle Association of Am., No. 18 C 4252, Slip Op. (N.D. Ill. Oct. 23, 2018) (Lee, J.). Judge Lee granted in part defendant National Rifle Association’s (“NRA”) Fed. R. Civ. P. 12(b)(2) motion to dismiss for lack of personal jurisdiction or, in the alternative to transfer to the Eastern District of Virginia pursuant to 28 U.S.C. §1404(a) in this copyright dispute involving plaintiff Kappor’s Chicago-based Cloud Gate sculpture, commonly known as the…
As part of the Northern District of Illinois’ continuing 200th anniversary celebration, the Northern District of Illinois Court Historical Association, the Seventh Circuit Bar Association, and the Federal Bar Association are hosting a program on March 20, 2019 from 3:00-4:30 pm CT in courtroom 2525 highlighting federal judicial trailblazers: Chief Judge Ruben Castillo – First Hispanic Chief Judge in the Northern District of Illinois; Judge Ilana Diamond Rovner – First woman judge appointed to the…
On Wednesday, March 27, 2019 from 1:15-2:45pm CT, John Marshall’s Center for Intellectual Property, Information & Privacy Law is hosting George Mason Law Professor Adam Mossoff for a discussion of the implication of the Supreme Court’s decision holding that patents are public rights which can be taken back by the government, in this case via the Patent Trial & Appeal Board (PTAB). Professor Mossoff will consider whether the Supreme Court’s ruling will be limited to…
Clarivate’s Karl Doane wrote the below article focusing upon trade dress and industrial design searching and its increasing import. If you have an article you would like published on the Chicago IP Litigation blog, please reach out. I am glad to consider submissions. Infringement on the rise: 35% of brands suffer Industrial Design infringement By: Karl Doane, Senior Product Manager, CompuMark The ongoing globalization of markets and the ease to reach consumers online, has resulted…
The Northern District and the Chicago Chapter of the Federal Bar Association are seeking nominations – no later than March 15, 2019 – for outstanding pro bono and public interest representation in civil and criminal matters before the Court. Factors considered include: dedication to pro bono or public interest work; outstanding achievement resulting from the representation of a large group of indigents, successful representation in a difficult case, outstanding negotiation and settlement skills in achieving…
After Magistrate Judge Mason’s retirement and Magistrate Judge Rowland’s nomination to the district court, the Northern District has selected Jeffrey Cummings and Sunil Harjani to become magistrate judges. Both have strong, diverse experience and will be excellent additions to the bench. And kudos to the Northern District for moving so quickly while the Court is already overburdened. Here are some details about the background of our newest magistrates: Jeffrey Cummings, who takes the first open…
Flair Airlines, Ltd. v. Gregor LLC, No. 18 C 2023, Slip Op. (N.D. Ill. Jan. 17, 2019) (Guzman, J.). Judge Guzman denied plaintiff’s Fed. R. Civ. P. 12(b)(6) motion to dismiss certain of defendants’ counterclaims in this case involving Lanham Act trademark infringement and deceptive trade practices, copyright and related state law claims. Of particular note, the Court held as follows: Defendants’ breach of contract claim were sufficiently pled because they identified parties to the…
As they do most years, patent filings increased after a slow holiday / year-end season as NPEs returned to work. Frequent filers included Anuwave, Coding Technology, Flectere, Hawk Technologies, Internet Media Interactive, Secure Cam, Soundview Innovations, and Uniloc. 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…
Life After Hate, Inc. a/k/a ExitUSA v. Free Radicals Project, Inc., No. 18 C 6967, Slip Op. (N.D. Ill. Jan. 10, 2019) (Cole, Mag. J.). Magistrate Judge Cole granted plaintiff’s motion for a protective order limiting discovery to information reasonably relevant to plaintiff’s motion for preliminary injunction in this Lanham Act counterfeiting, infringement and deceptive trade practices case. As an initial matter, the Court noted that because the parties had not conducted the required Fed.…
Republic Technologies (NA), LLC v. BBK Tobacco & Foods, LLP, No. 16 CV 3401, Slip Op. (N.D. Ill. Nov. 20, 2018) (Schenkier, Mag. J.). Magistrate Judge Schenkier denied plaintiffs’ (collectively “Republic Tobacco”) Fed. R. Civ. P. 37 sanctions motion based upon defendants’ (collectively “HBI”) alleged improper identification of the source of rolling papers and tobacco products sold by HBI in this Lanham Act false advertising case involving organic hemp tobacco rolling papers. During discovery and,…