Chicago IP Litigation

Tracking Northern District of Illinois IP Cases

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By: R. David Donoghue

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Anthony Fuga
R. David Donoghue
Felisa L. Leisinger
Steven E. Jedlinski

Latest from Chicago IP Litigation

Sens. Chris Coons (D-Del.) and Thom Tillis (R-N.C.), along with Reps. Doug Collins (R-Ga.), Hank Johnson (D-Ga.), and Steve Stivers (R-Ohio), have unveiled a bipartisan and bicameral framework on Section 101 patent reform. The framework, released last week, is short – only one page – but the intent is clear: temper the Section 101-based rejections and invalidations that have skyrocketed since the Supreme Court’s 2014 Alice decision. For instance, the framework would define an exclusive…
The Intellectual Property Law Association of Chicago (IPLAC) is holding its annual meeting on Tuesday, May 7, 2019 with a reception at 5:30pm CDT and dinner following at 6:00pm CDT at the University Club of Chicago, 76 E. Monroe. All IPLAC members with 2019-20 dues paid are invited, but you must RSVP here by 5:00 pm CDT on Thursday,  May 2, 2019. You can also renew your membership and pay your dues online. IPLAC…
GemShares LLC v. Secured Worldwide, LLC, No. 17 C 6221, Slip Op. (N.D. Ill. Feb. 13, 2019) (Kennelly, J.). Judge Kennelly granted plaintiff GemShares’ motion for partial summary judgment as to liability on its breach of contract claim against the individual defendant. The Southern District of New York’s prior ruling on defendant’s liability for breaching a covenant not to compete precluded relitigation of the issue. Defendants did not dispute the validity or enforceability of the…
Sullivan & Survivor Music, Inc. v. Bickler, No. 18 C 3770, Slip Op. (N.D. Ill. Jan. 25, 2019) (Lee, J.). Judge Lee denied defendant Bickler’s, the former lead singer of the band Survivor, Fed. R. Civ. P. 12(b)(2) & (6) motion to dismiss plaintiffs’ (collectively “Survivor”) Lanham Act claims related to the alleged misuse of its SURVIVOR trademarks. Personal Jurisdiction Bickler’s royalty-based interactions with Survivor did not create general or specific jurisdiction. Furthermore, Survivor offered…
Chicago Mercantile Exchange Inc. v. ICE Clear US, Inc., No. 18 C 1376, Slip Op. (N.D. Ill. Feb. 1, 2019) (Kennelly, J.). Judge Kennelly granted defendants’ (collectively “ICE”) Fed. R. Civ. P. 12(b)(6) motion to dismiss and motion to strike paragraphs of the complaint in this Lanham Act and breach of contract case involving plaintiff CME’s SPAN trademarks related to a method of assessing portfolio risk. The legal principle that a trademark owner may not…
Gabriel Fuentes has been appointed as the Northern District of Illinois’ newest magistrate judge. Before going to Northwestern Law, Fuentes was a journalist for the Los Angeles Times and Chicago Tribune. After law school, he served as an assistant U.S. Attorney before becoming a partner at Jenner & Block, where he handles antitrust criminal defense and civil cases. Judge Fuentes was “looking for a chance to focus my career back on public and government service,”…
Mon Ros Int’l. for General Trading & Contracting, W.L.L. v. Anesthesia USA, Inc., No. 17 C 7365, Slip Op. (N.D. Ill. Jan. 8, 2019) (Castillo, C.J.). Chief Judge Castillo granted in part plaintiff Mon Ros’ contempt motion in this Lanham Act trademark case involving Mon Ros’ ANESTHESIA marks for use with contact lenses. The Court previously entered a temporary restraining order (TRO) and then a permanent injunction preventing defendants from selling contact lenses using the…
Lothan Van Hook DeStefano Arch. LLC v. SB Yen Mgm’t. Group, Inc., No. 18 C 275, Slip Op. (N.D. Ill. Dec. 10, 2018) (Lee, J.). Judge Lee denied defendants’ Fed. R. Civ. P. 12(b)(1) motion to dismiss for lack of subject-matter jurisdiction, but granted defendants’ motion to compel mediation and arbitration, and stayed this architectural copyright case pending such proceedings. Subject-Matter Jurisdiction Noting the complexity of determining whether a claim was based in contract or…
Perfect Brow Art, Inc. v. Glitzy Brows, No. 18 C 4594, Slip Op. (N.D. Ill. Nov. 15, 2018) (Guzman, J.). Judge Guzman granted defendants’ (collectively “Glitzy Brows”) Fed. R. Civ. P. 12(b)(2) motion to dismiss plaintiff Perfect Brow Art’s first amended complaint for lack of personal jurisdiction in this Lanham Act trademark, trade dress, false designation of origin and unfair competition case involving brow threading. Of particular note, the Court held as follows: Aside from…
In light of new case law and an uptick in patent filings, and in particular cease & desist letters, I am presenting a Strafford live webinar titled, “Patent Infringement Letters: New Considerations and Best Practices for Senders and Recipients.” The program is being held on Thursday, May 16, from 12:00pm-1:30pm CT. If you follow the link in the prior sentence to register, you will receive a 50% discount on the program as a…