Chicago IP Litigation

Tracking Northern District of Illinois IP Cases

Blog Authors

R. David Donoghue

Anthony Fuga

Steven E. Jedlinski

Felisa L. Leisinger

Latest from Chicago IP Litigation

Chicago IP Litigation

Patent Infringement Suit Alone Does Not Justify Anonymous Filing

By R. David Donoghue

September 16, 2020

ABC Corp. I v. Partnership & Unincorporated Assocs. Identified on Sched. A, No. 1:20 cv 4806, Slip Op. (N.D. Ill. Sept. 4, 2020) (Seeger, J.). Having previously issued a show cause order, Judge Seeger granted plaintiff leave to file an amended complaint in this patent dispute naming the plaintiff, or the case would be dismissed for improperly filing as an anonymous plaintiff. While Fed. R. Civ. Pro. 10(a) allows a plaintiff to file anonymously in…

Chicago IP Litigation

Northern District of Illinois Sixth Amended COVID General Order

By R. David Donoghue

September 8, 2020

Chief Judge Pallmeyer opted for an abbreviated format for her sixth amended COVID General Order issued, Friday, September 4. That is presumably because the order is simpler than it was at the outset of the pandemic. There are no blanket case extension. The General Order basically extends provisions limiting courthouse access to wha tis necessary. Specifically, the General Order requires: No Local Rule 5.2(f) Courtesy Copies — Absent case-specific requests, Local Rule 5.2(f) requiring paper…

Chicago IP Litigation

Virtual CLE: IP, Technology & Social Justice in the Time of Coronavirus

By R. David Donoghue

August 14, 2020

The UIC John Marshall Law School’s Center for Intellectual Property, Information & Privacy is hosting a virtual seminar along with the Institute for Intellectual Property & Social Justice on Friday, September 11, 2020 from 7:40am – 3:00pm CT focused on IP issues in the midst of the pandemic. The speaker list is impressive, headlined by the Federal Circuit’s Judge Linn and Judge Michel (Ret.). The conference promises to be unique and thought provoking. You can…

Chicago IP Litigation

Northern District & Seventh Circuit Require Face Masks

By R. David Donoghue

May 28, 2020

Judges Wood & Pallmeyer issued a joint order requiring that everyone in public spaces of the Northern District and Seventh Circuit wear face masks or coverings. The order includes all public spaces including the lobby, elevators, restrooms, public corridors and also courtrooms, absent direction otherwise from the presiding judge. The mask must cover both the nose and the mouth. The only exception to this order is for people with documentation stating that they are unable…

Chicago IP Litigation

Northern District of Illinois Fourth Amended COVID General Order — No Additional Extension

By R. David Donoghue

May 27, 2020

Yesterday, Tuesday, May 26, Chief Judge Pallmeyer entered a Fourth Amended General Order updating the first three (which extended all civil deadlines 28 days, an additional 21 days and 28 more days, for 77 total days) and further addressing the “Coronavirus COVID-19 public Emergency.” The fourth amended order did not grant any additional blanket extensions. The Court did suspend jury trials until after August 3, 2020. And, absent contrary directions from a specific judge,…

Chicago IP Litigation

CLE: Ethics in the Practice of IP Law

By R. David Donoghue

May 4, 2020

John Marshall is hosting its 11th annual Ethics in the Practice of Intellectual Property Law seminar on Friday, June 5, 2020, from noon – 3:45 pm CST. The seminar will be online and is offering 3.25 hours of professional responsibility credit, including 1 hour of mental health/substance abuse credit. Register here. Topics include: Conflicts & Representation for Patent Practitioners; IP & Ethics: Current Trends & Best Practices; No More Fear, No More Fright: How…

Chicago IP Litigation

Northern District of Illinois Extends all Civil Deadlines 28 More Days — 77 Total

By R. David Donoghue

April 27, 2020

On Friday, April 24, Chief Judge Pallmeyer entered a Third Amended General Order updating the first two (which extended all civil deadlines 21 days and than an additional 28 days, respectively) and further addressing the “Coronavirus COVID-19 public Emergency.” Beyond setting out the further extension and addressing hearings, settlement conferences and trials, the biggest change in the third general order is the paragraph 5 requirement that for any case in which no docket entry…

Chicago IP Litigation

Civil Conspiracy Claim Required Heightened Pleading & False Statements

By R. David Donoghue

April 20, 2020

Everite Transworld Ltd. v. MIEH, Inc., No. 19 C 678, Slip Op. (N.D. Ill. Feb. 24, 2020) (Rowland, J.) Judge Rowland granted in part plaintiffs’ Fed. R. Civ. P. 12(b)(6) motion to dismiss defendant MIEH’s counterclaims for tortious interference and civil conspiracy in this patent dispute involving toy vehicles that travel through tubes. MIEH did not meet its Fed. R. Civ. P. 9(b) heightened pleading requirement for its civil conspiracy claim. First, the Court disregarded…

Chicago IP Litigation

Lost Profits Requires More than Speculative Evidence of Ability to Manufacture

By R. David Donoghue

April 17, 2020

Neurografix v. Brainlab, Inc., No. 12 C 6075, Slip Op. (N.D. Ill. Jan. 30, 2020) (Kennelly, J.) Judge Kennelly granted defendants’ (collectively “Brainlab”) Fed. R. Civ. P. 56 motion for summary judgment of no lost profits in this patent case involving tractographies. Plaintiff Neurografix was not entitled to lost profits because it had not made its own product and it could not prove that it had the manufacturing and marketing capabilities to exploit the demand…

Chicago IP Litigation

Fees Awards Should be Commensurate with Facts & Circumstances

By R. David Donoghue

April 13, 2020

FameFlynet, Inc. v. Jasmine Enters. Inc., No. 17 C 4749, Slip Op. (N.D. Ill. Aug. 8, 2019) (Durkin, J.) Judge Durkin granted plaintiff FameFlynet’s motions for attorney’s fees as the prevailing party in this copyright dispute involving celebrity wedding photos, and granted in part defendant Jasmine’s motion to strike FameFlynet’s motion. Upon learning of FameFlynet’s allegations that Jasmine breached FameFlynet’s copyrights by posting FameFlynet’s images online, Jasmine took down the images. Additionally, at the outset…

Chicago IP Litigation

Tracking Northern District of Illinois IP Cases

Blog Authors

Patent Infringement Suit Alone Does Not Justify Anonymous Filing

Northern District of Illinois Sixth Amended COVID General Order

Virtual CLE: IP, Technology & Social Justice in the Time of Coronavirus

Northern District & Seventh Circuit Require Face Masks

Northern District of Illinois Fourth Amended COVID General Order — No Additional Extension

CLE: Ethics in the Practice of IP Law

Northern District of Illinois Extends all Civil Deadlines 28 More Days — 77 Total

Civil Conspiracy Claim Required Heightened Pleading & False Statements

Lost Profits Requires More than Speculative Evidence of Ability to Manufacture

Fees Awards Should be Commensurate with Facts & Circumstances

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