May brought a notable wave of cases targeting retailers and their supply chains, with NPE activity continuing at a steady pace. Frequent filers and themes this month included Nearby Systems (mapping technology), SmartOrder (restaurant/retail ordering systems), and Innercap Technologies (capsule
Latest from R. David Donoghue - Page 2
Design Patent Infringement Claim for Sink Caddy Survives Motion to Dismiss
Feng v. Kitsure-BJT, No. 25 CV 9209, Slip Op. (N.D. Ill. Mar. 26, 2026) (Shah, J.).
Judge Shah denied Defendant Kitsure-BJT’s Fed. R. Civ. P 12(b)(6) motion to dismiss in this design patent infringement case involving sink caddy products sold
Federal Circuit Schedules October 2026 Session for Chicago
The U.S. Court of Appeals for the Federal Circuit has announced that it will sit in Chicago during its October 2026 session. The Court will also convene its regular session in Washington, D.C.
Panels of the court will hear arguments
Repeated Visits and Payments to Illinois Establish Personal Jurisdiction
Encore Packaging, LLC v. Benchmark Industrial Inc., No. 25 C 6865, Slip Op. (N.D. Ill. Mar. 19, 2026) (Durkin, J.).
Judge Durkin denied Defendant Benchmark Industrial’s Fed. R. Civ. P. 12(b)(2) motion to dismiss for lack of personal jurisdiction in
Court Denies TRO Bond Damages Without Prejudice for Insufficient Proof
Bright Head, LLC v. The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associates Identified on Schedule A, No. 24 C 13410, Slip Op. (N.D. Ill. Feb. 13, 2026) (Bucklo, J.).
Judge Bucklo denied without prejudice Defendant Yuyao Jixing Tool
Design Patent Infringement Claim Dismissed on the Pleadings Based on Plain Dissimilarity
Grill Rescue LLC d/b/a Rescue LLC v. The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associates Identified on Schedule “A”, No. 23-cv-15984, Slip Op. (N.D. Ill. Feb. 20, 2026) (Kness, J.).
Judge Kness granted Defendant Shenzhen Lantianjinrun Trading Co.,
APRIL 2026 RETAIL PATENT LITIGATION REPORT
April was an active month for patent filings against retailers and consumer-facing businesses. NPE activity remained brisk, with frequent filers Patent Armory and Rabicoff Law-affiliated entities continuing to generate volume across multiple districts. Notably, Sport Squad (JOOLA) launched an aggressive
Courthouse Book Drive
The U.S. District Court for the Northern District of Illinois and the Federal Bar Association Chicago Chapter proudly announce the Courthouse Book Drive. Donations of new or gently used children’s books (grades K-8) are being accepted for the American Dreams
Inventorship Declaratory Judgment Action Dismissed as Improper Attempt to Litigate State Malpractice Defense
Fitch, Even, Tabin & Flannery, LLP v. Dorsey et al., No. 1:25-cv-3141, Slip Op. (N.D. Ill. Feb. 23, 2026) (Coleman, J.).
Judge Coleman granted Defendants’ Fed. R. Civ. P. 12(b)(1) motion to dismiss in this declaratory judgment action where the
Fred Korematsu & His Fight for Justice
On Thursday, June 25, 2026, from 3:30 to 5:00 p.m., the Northern District, the Asian American Bar Association, the Federal Bar Association, and the Asian American Judges Association of Illinois will host a reenactment of the historic court proceedings involving