Continental Datalabel, Inc. v. Avery Dennison Corp., No. 09 C 5980, Slip Op. (N.D. Ill. Nov. 19, 2009) (Shadur, J., Sen.).
Judge Shadur sua sponte notified the parties to be prepared to discuss plaintiff Continental Datalabels’ (“CDL”) addition of defendant Memorex in this patent infringement and Lanham Act dispute. CDL added Memorex by amending CDL’s complaint pursuant to Fed. R. Civ. P. 15(a) of right, before the original defendant Avery Dennison Corp. (“ADC”) answered. The Court noted that Memorex’s and ADC’s accused products appeared to be unrelated. The infringement proofs, therefore, were unlikely to have much overlap, although the invalidity cases would likely have commonality.