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  • Inaugural Don Dunner Leadership Award

    The UIC John Marshall Center for Intellectual Property, Information & Privacy Law has announced the inaugural Don Dunner Leadership Award to be presented at its 64th annual IP Conference on Friday, November 20, 2020 in Chicago. As someone who had the privilege of briefly working for Don in law school, I am excited for this...

  • Interlocutory Appeal Granted Based Upon Contradictory Federal Circuit Law

    Feit Elec. Co., Inc. v. CFL Techs. LLC, No. 13 C 9339, Slip Op. (N.D. Ill. Dec. 20, 2019) (Coleman, J.). Judge Coleman granted declaratory judgment plaintiff Feit’s motion for reconsideration of the Court’s grant of summary judgement that declaratory judgment defendant CFL’s ‘464 patent was unenforceable  based upon issue preclusion from a prior inequitable...

  • Fourteen Month Delay Does Not Sink Preliminary Injunction

    Life After Hate, Inc. a/k/a Exit USA v. Free Radicals Proj., Inc., No. 18 C 6967, Slip Op. (N.D. Ill. Sep. 30, 2019) (Kendall, J.). Judge Kendall granted plaintiff Life After Hate a/k/a Exit USA’s (“LAH”) motion for preliminary injunction preventing defendants (collectively “Free Radicals”) from using LAH’s LIFE AFTER HATE, NO JUDGMENT. JUST HELP.,...

  • Rule 12 101 Patentability Determination is Appropriate Where Claims & Specification Raised No Factual Inventiveness Issues

    Checksum Ventures, LLC v. Dell Inc., No. 18 C 6321, Slip Op. (N.D. Ill. Sep. 30, 2019) (Dow, J.). Judge Dow granted defendant Dell’s Fed. R. Civ. P. 12(b)(6) motion to dismiss plaintiff Checksum’s patent as invalid as unpatentable pursuant to 35 U.S.C. Section 101, with leave to amend in this patent dispute regarding a...

  • Single sale into Illinois Not Sufficient for Personal Jurisdiction

    Seven Oaks Millwork Inc. d/b/a Royal Corinthian v. Royal Foam US, LLC, No. 19 C 6234, Slip Op. (N.D. Ill. Dec. 13, 2019) (Kocoras, J.). Judge Kocoras granted defendants’ Fed. R. Civ. P. 12(b)(2) motion to dismiss for lack of personal jurisdiction and denied as moot defendants’ Fed. R. Civ. P. 12(b)(6) motion to dismiss...

  • CLE: Meet Chicago’s Newest Federal Magistrate Judges

    The Chicago chapter of the Federal Bar Association is hosting a CLE program designed to introduce the Northern District of Illinois’ newest magistrate judges on Tuesday, February 25, 2020 from 12pm until 1:30pm. Lunch will be provided, along with 1.25 hours of credit, pending approval. The event is being hosted at the Chicago Bar Association,...

  • Twombly / Iqbal Pleading Applies to Affirmative Defenses

    TWD, LLC v. Grunt Style LLC, No. 18 C 7695, Slip Op. (N.D. Ill. Oct. 23, 2019) (Kocoras, J.). Judge Kocoras granted in part defendant-counterclaimant Grunt Style’s Fed. R. Civ. P. 12(c) motion for judgment on the pleadings and granted Grunt Style’s Fed. R. Civ. P. 12(f) motion to strike plaintiff-counterdefendant TWD’s affirmative defenses in...

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

    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...

  • Reconsideration Improper Vehicle for Rehashing Old Facts and Legal Arguments

    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...

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

    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...

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

    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...

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

    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...

  • No summary judgement for cybersquatting where defendant tasked with web development

    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...

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

    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...

  • IPLAC Hosts Fireside Chat with Patent Office Director Iancu

    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.

  • SEPTEMBER 2019 RETAIL PATENT LITIGATION REPORT

    September patent filings increased from the summer months, as they usually do. Kids go back to school, adults wrap up summer vacations and NPEs get back to filing suits.. Frequent filers included Billingnetwork Patent, Consolidated Transaction Processing, Geographic Location Innovations, Guada Technologies, Interface IP Holdings, Internet Media Interactive, Modern Font Applications, and Symbology.

  • Lack of Irreparable Harm Dooms Preliminary Injunction Motion

    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...

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

    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...

  • Court Construes Audio-Conferencing Claim Terms

    Shure, Inc. v. ClearOne, Inc., No. 17 C 3078, Slip Op. (N.D. Ill. Aug. 25, 2018) (Chang, J.). Judge Chang construed the remaining claims in this patent case involving audio-conferencing equipment utilizing beam microphones. Of particular interest, the Court held as follows: The Court construed “Each of the Plurality of Combined Signals Corresponding to a...

  • Preliminary Injunction Denied Based Upon Likely Invalidity Despite PTAB IPR Decision of No Invalidity

    Shure, Inc. v. ClearOne, Inc., No. 17 C 3078, Slip Op. (N.D. Ill. Aug. 25, 2018) (Chang, J.). Judge Chang denied declaratory judgment defendant ClearOne’s motion for reconsideration of the Court’s denial of a preliminary injunction (PI) in this patent case involving audio-conferencing equipment utilizing beam microphones. As an initial matter, the Court held that...

  • Irreparable Harm Based Upon Difficulty to Ascertain Impact of Lost Sales

    Shure, Inc. v. ClearOne, Inc., No. 17 C 3078, Slip Op. (N.D. Ill. Aug. 5, 2019) (Chang, J.). Judge Chang granted declaratory judgment defendant ClearOne’s preliminary injunction and construed necessary terms of the patent, as the parties had already fully briefed claim construction, in this patent dispute related to in-ceiling beamforming microphone arrays. Of particular...

  • Court Rules on Post-Jury Trial Award of Costs

    GC2 Inc. v. Int’l Game Tech., No. 16 C 8794, Slip Op. (N.D. Ill. Jul. 29, 2019) (Kennelly, J.). Judge Kennelly ruled on plaintiff GC2’s motion for costs after its jury trial win on copyright infringement and Digital Millennium Copyright Act (DMCA) claims. Of particular note, the Court held as follows: Fees of the Clerk...

  • Dog Tug Toy Withstands Section 101 Challenge

    This is a cross-post written by my partner Anthony Fuga from Holland & Knight’s Section 101 Blog. I am cross-posting because Anthony’s post is about a Judge Durkin 101 opinion in FYF-JB, LLC v. Pet Factory, Inc., No. 19cv2608 (N.D. Ill.). I am also posting it because Anthony’s 101 analysis at the Section 101 Blog...

  • AUGUST 2019 RETAIL PATENT LITIGATION REPORT

    August patent filings stayed consistent with June and July in the retail space, as opposed to the usual summer slowdown. Frequent filers included Aeritas, Consolidated Transaction Processing, Digi Portal, Display Technologies, Internet Media Interactive, Intertrust Technologies, Modern Font Applications, Landmark Technology, Sonohm Licensing, Symbology, Transaction Secure and WordLogic. As usual,

  • JULY 2019 RETAIL PATENT LITIGATION REPORT

    July patent filings stayed consistent with July in the retail space, as opposed to the usual summer slowdown. Frequent filers included Aeritas, AlexSam, Coding Technologies, Lupercal, Parallel Networks, Symbology, Transaction Secure, TMI Solutions, and WordLogic. As usual, I prepared the report in partnership with and using Docket Navigator and its powerful database.  Docket Navigator is a...

  • Aesthetic Appeal of a Patent’s Claimed Design Is Inadequate to Render It Functional

    My partners Steve Jedlinski and Anthony Fuga recently wrote a valuable article about a new Federal Circuit decision dealing with functionality and exhaustion issues for design patents. It is republished below with permission. In a relatively rare opinion regarding design patents, the U.S. Court of Appeals for the Federal Circuit weighed in recently on the...

  • Northern District of Illinois Magistrate Judge Vacancy

    The Northern District of Illinois is accepting applications for a magistrate judge position in the Eastern Division (Chicago). Applications are due by 5:00 pm on Monday, August 26, 2019 via the Court’s online system. More details are available here. The position will begin on May 1, 2020.

  • June 2019 Retail Patent Litigation Report

    June patent filings saw an uptick in the retail space. Frequent filers included Aeritas, Internet Media Interactive, Secure Cam, and Symbology. As usual, I prepared the report in partnership with and using Docket Navigator and its powerful database.  Docket Navigator is a valuable resource, and the place to go if you want to keep track of new...

  • May 2019 Retail Patent Litigation Report

    May patent filings stayed quiet in the retail space. Frequent filers included Coding Technologies, Geographic Location Innovations, Rothschild, Symbology and Vindolor. As usual, I prepared the report in partnership with and using Docket Navigator and its powerful database.  Docket Navigator is a valuable resource, and the place to go if you want to keep track of new...

  • CLE: “Thou Shalt Not Steal” Includes Moral Rights

    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...

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