Chicago IP Attorney & Lawyer : R. David Donoghue : Chicago IP Litigation Blog

Statistics compiled by the Patent Troll Tracker* blog show that the Northern District continues to play a prominent role in deciding the nation's patent disputes and, as a result, its IP disputes more generally.  Filings of patent cases for 2007 (through the end of July), show that the Northern District had the fourth most patent filings:

Another interesting statistic from this data:  with the exception of the E.D. Texas, all of the districts have a rough average of two to three defendants per case.  E.D. Texas averages about three and a half defendants per case.  I would have expected that E.D. Texas would average closer to five to ten defendants per case.  Perhaps all of the large patent licensing company cases that garner so much attention in Marshall are balanced by disputes between individual parties.

If readers are interested in these statistics, let me know and I will compile my own data and make it a regular (maybe quarterly) feature.

*  I appreciate the Patent Troll Tracker's statistics and even the effort he performs keeping track of cases filed by patent licensing companies, but as I have explained before I am no fan of name calling (by either plaintiffs' or defendants' counsel).  As such, I prefer the neutral term "patent licensing company."

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Last Friday, the Chicago Tribune reported that Dick Butkus sued the Downtown Athletic Club of Orlando,* which gives out the Butkus Award to the nation's premiere linebacker each year.  Butkus licensed the Club to use his name and likeness in connection with the Award and even helped the Club get and protect its rights in the Butkus Award.  But Butkus alleged that the Club concealed that helping it secure trademark rights would prevent Butkus from using his name in connection with other awards and/or charitable endeavors.  Butkus has attempted to terminate the parties' agreement, but the Club has allegedly told him he has not right to terminate.  Butkus's attorney was quoted in this USA Today story explaining that this suit was not about money.  Instead, Butkus believes that if he controls the award named after him, he can better benefit charities that he supports.

* He actually filed in the Central District of California  -- Dick, nothing is more Chicago than you and Da Bears.  How could you file this suit in California?  But do not worry Chicagoans, Butkus's attorney says that should Butkus when his suit, he will likely bring the Butkus Award and related activities to Illinois.  Welcome home Dick.

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