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
Rule 12
Claims Involving the Band Survivor’s Trademarks are Sufficiently Pled
Sullivan & Survivor Music, Inc. v. Bickler, No. 18 C 3770, Slip Op. (N.D. Ill. Jan. 25, 2019) (Lee, J.).
Judge Lee denied defendant Bickler’s, the former lead singer of the band Survivor, Fed. R. Civ. P. 12(b)(2) & (6) motion to dismiss plaintiffs’ (collectively “Survivor”) Lanham Act claims related to the alleged misuse…
Mandatory Initial Discovery Pilot No Longer Requires Answering Along With a Motion to Dismiss
Effective December 1, 2018, the Northern District’s Mandatory Initial Discovery Pilot (“MIDP”) no longer requires that a defendant answer along with filing a Fed. R. Civ. P. 12 motion to dismiss, including fed. R. Civ. P. 12(b)(6) motions to dismiss for failure to state a claim. For the first eighteen months of the MIDP –…
Typographical Claim Error Survives Motion to Dismiss
Midwest Innovative Prods., LLC v. Kinamor, Inc., No. 16 C 11005, Slip Op. (N.D. Ill. May 31, 2017) (Shah, J.).
Judge Shah denied defendants’ (collectively “Kinamor”) Fed. R. Civ. P. 12(b)(6) motion to dismiss plaintiff Midwest Innovative Products’ (“MIP”) patent claims in this case involving electrical cord connection coverings.
Kinamor argued that it could…