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

Not Following Local Rule 56.1 Statement of Material Fact Requirements Can be Fatal

By R. David Donoghue

January 27, 2020

Crystal Visions, Inc. v. EC Grow, Inc., No. 17 C 7490, Slip Op. (N.D. Ill. Sep. 3, 2019) (Shah, J.). Judge Shah denied declaratory judgement defendant EC Grow’s Fed. R. Civ. P. 56 motion for summary judgement as to likelihood of confusion and denied declaratory judgment plaintiffs / counter-defendants Crystal Visions and Salt Xchange (collectively “defendants”) counter motion in this Lanham Act case involving EC Grow’s LIGHTNING FAST mark for its ice-melt product and defendants’…

Chicago IP Litigation

Reconsideration Improper Vehicle for Rehashing Old Facts and Legal Arguments

By R. David Donoghue

January 22, 2020

Luxottica Group S.p.A. v. The Partnerships & Unincorporated Assocs. Identified on Schedule “A,” No. 18 C 2188, Slip Op. (N.D. Ill. Jun. 4, 2019) (Gottschall, J.). Judge Gottschall denied plaintiff Luxottica’s motion for reconsideration that defendants were not properly served as to all but one defendant in this counterfeiting case involving Oakley sunglasses. Of particular note, the Court held as follows: Luxottica’s raised three factual issues: 1) that Alibaba, who hosted defendants stores, would not…

Chicago IP Litigation

CLE: IP Issues for the New Recreational Weed Industry in Illinois

By R. David Donoghue

January 21, 2020

On January 22, 2020, from 5:30-9:00 pm ET, the Intellectual Property Law Association of Chicago’s (IPLAC) Young Members’ Committee and Chicago-Kent’s Intellectual Property Law Society is hosting a CLE program regarding IP issues in the evolving recreational cannabis industry in Illinois. The event featured speakers include: Nicole Cosby of Fyllo; Nicole Grimm of McDonnell Boehnen Hulbert & Berghoff; Emily Tupy of Cresco Labs; and Adam Wolek of Taft Stettinius & Hollister. The event is being…

Chicago IP Litigation

CLE: Potential Pitfalls in Copyright: Fair Use & Data Compilations

By R. David Donoghue

January 17, 2020

UIC John Marshall’s Center for Intellectual Property, Information and Privacy has another excellent program, this one focuses on two key copyright issues – fair use and copyright data protection. Every practitioner can use some time working through the complexities of fair use. This program promises to be excellent. It will be led by McDermott Will’s Jennifer Mikulina and Catalina USA’s Executive Director & Senior Corporate Counsel Ariana Voight. The program is on January 22, 2020,…

Chicago IP Litigation

Doctrine of Equivalents analysis was a question of fact for the jury

By R. David Donoghue

January 15, 2020

Rehco, LLC v. Spin Master, Ltd., No. 13 C 2245, Slip Op. (N.D. Ill. Oct. 28, 2019) (Blakey, J.). Judge Blakey granted defendant Spin Master’s motion for supplemental claim construction and for summary judgment in this patent case involving remote control toy vehicles. The Court previously construed the terms, but the Federal Circuit reversed for consideration of certain claim terms. First, the Federal Circuit held that “a signal” meant one or more signals, not one…

Chicago IP Litigation

No summary judgement for cybersquatting where defendant tasked with web development

By R. David Donoghue

January 13, 2020

Flair Airlines, Ltd. v. Gregor LLC, No. 18 C 2023, Slip Op. (N.D. Ill. Jun. 25, 2019) (Guzman, J.). Judge Guzman denied plaintiff Flair Airlines’ (“Flair”) Fed. R. Civ. P. 56 motion for summary judgment because of “numerous disputed facts” in this cybersquatting and related state law claims case involving a dispute over a “poorly-documented and hastily-conceived” business venture to create an airline. The Court held that even assuming that Flair could prove that its…

Chicago IP Litigation

BitTorrent claims require more proof than an IP address to name a defendant

By R. David Donoghue

January 8, 2020

Malibu Media, L.L.C. v. Doe, No. 18 C 450, Slip Op. (N.D. Ill. Jun. 5, 2019) (Ellis, J.). Judge Ellis denied Doe defendant’s Fed. R. Civ. P. 12(b)(6) & (f) motion to dismiss and to strike plaintiff Malibu Media’s copyright infringement complaint in this BitTorrent dispute. The Court previously dismissed Malibu Media’s complaint because a defendant’s status as the IP address subscriber is not enough, without more, to create a reasonable inference that the defendant…

Chicago IP Litigation

IPLAC Hosts Fireside Chat with Patent Office Director Iancu

By R. David Donoghue

January 6, 2020

The Corporate Committee of the Intellectual Property Law Association of Chicago (“IPLAC”) is hosting a fireside chat with Patent Office Director Andrei Iancu on January 16, 2020 from 12:00 pm to 1:00 pm CT. Registration is free. Please contact SRAM’s Billie Hinen to register by January 9, 2020.…

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

Tracking Northern District of Illinois IP Cases

Blog Authors

Not Following Local Rule 56.1 Statement of Material Fact Requirements Can be Fatal

Reconsideration Improper Vehicle for Rehashing Old Facts and Legal Arguments

CLE: IP Issues for the New Recreational Weed Industry in Illinois

CLE: Potential Pitfalls in Copyright: Fair Use & Data Compilations

Doctrine of Equivalents analysis was a question of fact for the jury

No summary judgement for cybersquatting where defendant tasked with web development

BitTorrent claims require more proof than an IP address to name a defendant

IPLAC Hosts Fireside Chat with Patent Office Director Iancu

Lack of Irreparable Harm Dooms Preliminary Injunction Motion

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

Stay Connected

Company

Support

New to the Network