CIVIX-DDI, LLC v. Loopnet, Inc., No. 12 C4968, 7091 & 8632, Slip Op. (N.D. Ill. Feb. 6, 2013) (Holderman, C.J.).
Chief Judge Holderman granted defendant Loopnet’s Fed. R. Civ. P. 15(a)(2) motion to amend its answer and counterclaims add a counterclaim for breach of contract alleging that plaintiff CIVIX-DDI breached a license between the parties by filing this suit. The Court held that the case schedule provided CIVIX-DDI ample time to seek discovery on Loopent’s counterclaim. Additionally, Loopnet’s prior refusal to produce documents regarding the defense was not a reason to deny Loopnet’s motion. Should Loopnet continue refusing to produce after entry of the counterclaim, CIVIX-DDI may move to compel the necessary information.
CIVIX-DDI, LLC v. Hotels.com, No. 05 C 6869, Slip Op. (N.D. Ill. Nov. 1, 2012) (St. Eve, J.).
Judge St. Eve granted plaintiff CIVIX-DDI’s Fed. R. Civ. P. 54(b) motion to reconsider the Court’s finding of summary judgment of non-infringement. The Court’s earlier finding was based upon the undisputed facts that defendant Hotels.com’s databases did not store advertising information or video. However, based upon the Akamai decision, which the Federal Circuit decided after the Court’s earlier order, a question of fact remained as to whether a third party stored the information such that Hotel.com could have indirectly infringed.
CoStar Realty Information, Inc. v. CIVIX-DDI, LLC, No. 12 C 4968, Slip Op. (N.D. Ill. Oct. 18, 2012) (Holderman, C. J.).
Chief Judge Holderman denied patent holder CIVIX-DDI’s motion to transfer this patent dispute to the E.D. Virginia.
Convenience of the Parties
Plaintiff CoStar’s choice of forum was given deference - despite not being resident in Illinois -because of defendant CIVIX-DDI’s prior and existing litigation involving the same patents in this district. The likely location of documents - in Washington, DC - did not weigh in favor of transfer because they would likely be transferred electronically. The third party witnesses were in or near the E.D. Virginia, weighing in favor of transfer.
Both jurisdictions were familiar with the law. The E.D. Virginia had a greater interest in the dispute because CoStar was located there. The ability to try related cases together, however, weighed against transfer. Balancing the locations, the ability to consolidate outweighed the other factors.