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Chicago IP Litigation Tracking Northern District of Illinois IP Cases

References to Product Use May be Enough to Show Direct Infringement

Posted in Summary Judgment

Nanochem Solutions, Inc. v. Global Green Prods., LLC, No. 10 C 3212, Slip Op. (N.D. Ill. Oct. 16, 2012) (Hart, Sen. J.). 

Judge Hart denied defendant’s motion for partial summary judgment of noninfringement.  Defendants argued that plaintiff Nanochem failed to offer admissible proof of any direct infringes necessary to support Nanochem’s indirect infringement claims based upon defendant’s alleged sales of a solution used in the claimed methods.  The Court held that there was a valid dispute over whether defendant’s business plans referring to using the solution were sufficient, but they did preclude entry of summary judgment.