The John Marshall Law School’s Center for Intellectual Property, Information & Privacy Law is hosting a lecture on Thursday, September 12, 2019, from 11:00 am – 12:30 pm CT (1.5 hours CLE credit pending) by DePaul Law Professor Roberta Rosenthal Kwall titled “Thou Shalt Not Steal” Includes Moral Rights. Here is a description of the program: Normally when we think of the Eighth Commandment we do not contemplate theft of authors’ works or stealing their…

My partner Anthony Fuga is providing excellent analysis on the latest Section 101 cases and issues at the Holland & Knight Section 101 Blog, which he edits and does a substantial amount of the writing for. His latest post provides valuable insight into how district courts are approaching Section 101 cases since the Federal Circuit’s Berkheimer and Aatrix decisions based upon a recent RPX study. It is reposted below, with permission and cross-posted on…

The Northern District of Illinois is holding a memorial service in remembrance of the Honorable George W. Lindberg on Thursday, June 20, 2019, beginning at 3:00 p.m. The service is being held in the James Benton Parsons Memorial Courtroom on the 29th floor of the Everett McKinley Dirksen Courthouse. The service will be followed by a reception on the 21st floor south alcove and an open house of the Court History Museum featuring an exhibit dedicated to Judge Lindberg.…

Fellowes, Inc. v. Acco Brands Corp., No. 10 C 7587 & 11 C 8148, Slip Op. (N.D. Ill. Apr. 22, 2019) (Leinenweber, J.). Judge Leinenweber granted in part plaintiff Fellowes’ motion to amend its complaint adding a new patent and addressing the results of Patent Office proceedings in this patent case involving improved paper shredding technology. Of particular note, the Court held as follows: The Court sua sponte lifted the stay pending the Patent Trial…

Easton v. Primal Wear, Inc., No. 17 C 6081, Slip Op. (N.D. Ill. Mar. 29, 2019) (Tharp, J.). Judge Tharp denied the plaintiffs’ (collectively “Primal Mode”) Fed. R. Civ. P. 56 motion for summary judgment and defendant Primal Wear’s Fed. R. Civ. P. 12(b)(1) & (6) motion to dismiss in this Lanham Act trademark infringement and unfair competition case involving Primal Mode’s PRIMAL MODE marks and Primal Wear’s PRIMAL and PRIMAL WEAR marks. Of particular…

Quan v. Ty, Inc., No. 17 C 5683, Slip Op. (N.D. Ill. Mar. 20, 2019) (Kennelly, J.). Judge Kennelly denied defendant Ty’s Fed. R. Civ. P. 56 motion for summary judgment as to equitable estoppel and abandonment regarding plaintiffs’ patent and copyright infringement claims regarding a plush seal that Ty marketed as “Wiggy.” Of particular note, the Court held as follows: The fact that Ty eventually learned of plaintiffs’ copyrights, at least when the Chinese…

VitalGo, Inc. v. Kreg Therapeutics, Inc., No. 16 C 5577, Slip Op. (N.D. Ill. Mar. 27, 2019) (Dow, J.). Judge Dow granted in part defendant Kerg’s Fed. R. Civ. P. 12(b)(6) & 12(f) motion to strike portions of plaintiff VitalGo’s Second Amended Complaint (SAC) and to dismiss VitalGo’s claims with prejudice in this Lanham Act and copyright case related to Kreg’s Catalyst Lift Bed products. Of particular note, the Court held as follows: The Court…