Court Proposes Dismissing Declaratory Judgment Counterclaims as Duplicative of Plaintiff's Patent Claims

Posted on February 8, 2010 by R. David Donoghue

Continental Datalabel, Inc. v. Avery Dennison Corp., No. 09 C 5980, Slip. Op. (N.D. Ill. Dec. 9, 2009 (Shadur, Sen. J.).

Judge Shadur ordered the parties to be prepared to discuss at a status conference why defendants' respective noninfringement and invalidity declaratory judgment counterclaims should not be stricken as duplicative of plaintiff's patent infringement claims. 

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Court Questions Infringement Case Against Unrelated Parties

Posted on January 4, 2010 by R. David Donoghue

 

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.  

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