Chicago IP Litigation

Tracking Northern District of Illinois IP Cases

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Chicago IP Litigation

Judge Lindberg Memorial Service

By R. David Donoghue on June 19, 2019

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.…

Chicago IP Litigation

Court Denies Leave to Add Substantively Identical Patent Claims to Suit

By R. David Donoghue on June 19, 2019

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…

Chicago IP Litigation

Restriction of Trademark Class of Goods Requires Proof that the Restriction Avoids Confusion

By R. David Donoghue on June 17, 2019

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…

Chicago IP Litigation

Copyright First Sale Doctrine & Patent Exhaustion Prevent Equitable Estoppel Defenses

By R. David Donoghue on June 14, 2019

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…

Chicago IP Litigation

Court Strikes Allegations Regarding Previously Dismissed Lanham Act Claims

By R. David Donoghue on June 12, 2019

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…

Chicago IP Litigation

Copyright Claims Not Preempted by Related Breach of Contract Claims

By R. David Donoghue on June 10, 2019

Fair Isaac Corp. v. Trans Union, LLC, No. 17 C 8318, Slip Op. (N.D. Ill. Mar. 27, 2019) (Coleman, J.). Judge Coleman granted in part defendant Trans Union’s Fed. R. Civ. P. 12(b)(6) motion to dismiss plaintiff FICO’s amended complaint and denied Trans Union’s Fed. R. Civ. P. 12(e) alternative motion for a more definite statement in this antitrust, Lanham Act unfair trade practices and related state law claims involving FICO’s credit score algorithms Of…

Chicago IP Litigation

Antitrust Claims Regarding Credit Scores Survive Motion to Dismiss

By R. David Donoghue on June 7, 2019

Fair Isaac Corp. v. Trans Union, LLC, No. 17 C 8318, Slip Op. (N.D. Ill. Mar. 27, 2019) (Coleman, J.). Judge Coleman granted in part plaintiff FICO’s Fed. R. Civ. P. 12(b)(6) motion to dismiss defendant Trans Union’s counterclaims in this antitrust, Lanham Act unfair trade practices and related state law claims involving FICO’s credit score algorithms. Of particular note, the Court held as follows: Trans Union sufficiently pled its antitrust claims. Trans Union alleged…

Chicago IP Litigation

Patent’s Description of Technological Solutions to Prior Art Problems Overcomes Early §101 Invalidity

By R. David Donoghue on June 5, 2019

Upaid Sys., Ltd. v. Card Concepts, Inc., No. 17 C 8150, Slip Op. (N.D. Ill. Mar. 25, 2019) (Feinerman, J.). Judge Feinerman denied defendant Card Concepts’ (CCI) Fed. R. Civ. P. motion for judgment on the pleadings that the patent claims are invalid as unpatentable subject matter pursuant to §101 in this patent case involving systems for collecting payments across different networks, particularly for laundromat systems. Citing Aatrix and looking to the patent’s specification and…

Chicago IP Litigation

Declaratory Judgement Claims in BitTorrent Porn Case Allowed to Balance the Playing Field

By R. David Donoghue on June 3, 2019

Malibu Media, LLC v. Khan, No. 18 C 3028, Slip Op. (N.D. Ill. Mar. 27, 2019) (Leinenweber, J.). Judge Leinenweber granted in part plaintiff Malibu Media’s Fed. R. Civ. P. 12(b)(6) motion to dismiss individual defendants’ declaratory judgment copyright and copyright misuse claims in this BitTorrent case involving use and sharing of pornographic video files. The Court referenced the “deluge” of Malibu Media cases it has seen over the last several years against named and…

Chicago IP Litigation

Patentholder Must Specifically Identify Conception & Reduction to Practice Dates

By R. David Donoghue on May 31, 2019

Beckman Coulter, Inc. v. Sysmex Am., Inc., No. 18 C 6563, Slip Op. (N.D. Ill. Apr. 26, 2019) (Rowland, Mag. J.). Magistrate Judge Rowland granted in part defendants’ (collectively “Sysmex”) motion to compel more definite responses regarding plaintiff Beckman Coulter’s dates of conception and reduction to practice in this patent case involving automated software for testing specimens. The Court held that Beckman Coulter had the burden of establishing its conception and reduction to practice and…

Chicago IP Litigation

Tracking Northern District of Illinois IP Cases

Blog Authors

Judge Lindberg Memorial Service

Court Denies Leave to Add Substantively Identical Patent Claims to Suit

Restriction of Trademark Class of Goods Requires Proof that the Restriction Avoids Confusion

Copyright First Sale Doctrine & Patent Exhaustion Prevent Equitable Estoppel Defenses

Court Strikes Allegations Regarding Previously Dismissed Lanham Act Claims

Copyright Claims Not Preempted by Related Breach of Contract Claims

Antitrust Claims Regarding Credit Scores Survive Motion to Dismiss

Patent’s Description of Technological Solutions to Prior Art Problems Overcomes Early §101 Invalidity

Declaratory Judgement Claims in BitTorrent Porn Case Allowed to Balance the Playing Field

Patentholder Must Specifically Identify Conception & Reduction to Practice Dates

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