On Thursday, May 28, 2026 from 1:00 p.m. to 4:00 p.m. the P. Michael Mahoney Chapter of the Federal Bar Association will host a complimentary CLE program titled “AI for Attorneys: Risks & Rewards”. 

The program will address opportunities and risks artificial intelligence presents to the legal profession. Panelists include:

  • Maura R. Grossman, Research Professor at the University of Waterloo, Adjunct Professor of Law at York University, and Principal of Maura Grossman Law;
  • Phil Favro, Founder and President of Favro Law PLLC; and
  • Honorable Michael F. Iasparro, U.S. Magistrate Judge for the Northern District of Illinois.

The presentation will take place in-person at the Stanley J. Roszkowski United States Courthouse, with a Teams option available for remote attendees. There is no cost to attend, and advance registration is required. Click here to register.

Pending approval, 3 hours of continued legal education are being offered.

BCD Technology Holdings, LLC et al. v. Paragon Micro, Inc. et al., No. 25 CV 6944, Slip Op. (N.D. Ill. Jan. 9, 2026) (Jenkins, J.).

Judge Jenkins issued an order setting the framework for an evidentiary hearing on Plaintiffs’ preliminary injunction motion in this Defend Trade Secret Act and non-competition case. The Court gave 3.25 to 3.5 hours per side providing guidelines for the amount of time for each witness’s direct and cross exam.

The Court also gave each party 25 minutes for argument after the witness testimony, and identified specific legal and factual issues the parties should address during argument. Those issues included:

  1. the basis for plaintiff’s standing;
  2. identification of the specific confidential information each individual defendant allegedly misappropriated;
  3. the current state of damages and anticipated future irreparable harm from continued misappropriation;
  4. damages stemming from conduct other than trade secret misappropriation; and
  5. the effect of the Seventh Circuit’s LKQ Corp. v. Rutledge, 96 F.4th 977 (7th Cir. 2024) decision on Plaintiffs’ non-competition agreement claims.

For plaintiffs seeking preliminary injunctions in trade secret cases, this order underscores the importance of being prepared to establish standing on a granular, claim-by-claim level. The Court’s emphasis on distinguishing damages from trade secret misappropriation versus other types of competitive harm suggests that overbroad injunction requests untethered to specific secrets will face skepticism. The Court’s structured, time-limited approach to the evidentiary hearing is an interesting, hands-on approach that is fairly unique, but I wonder if other judges will start to adopt the approach.

Hong Kong Leyuzhen Technology Co. Ltd. v. Floerns, No. 1:24-cv-02939 (N.D. Ill. Dec. 31, 2025) (Kennelly, J.).

Judge Kennelly denied plaintiff’s Fed. R. Civ. P. 59(e) motion to reconsider an earlier summary judgment order that disposed of plaintiff’s copyright, Lanham Act, and state-law claims, emphasizing diligence and record consistency in post-judgment practice in this copyright dispute.

The Court previously held that no reasonable factfinder could find valid ownership of the photos at issue because plaintiff lacked the required written agreement for “work made for hire,” overcoming the registration presumption.

Plaintiff sought reconsideration with “newly discovered” evidence, including a declaration and a late-executed assignment. The Court held Rule 59(e) relief was unavailable because the evidence was discoverable with reasonable diligence before judgment and, in any event, the post-judgment assignment did not exist at the time of the ruling. The Court also noted plaintiff did not pursue Fed. R. Civ. P. 56(d) relief when ownership was squarely raised at summary judgment and highlighted inconsistencies between the new story and earlier interrogatory responses and briefing, which had described third-party studio photography and paid work outside the asserted employment structure.

Seasonal Specialties, LLC v. Holiday Designs, LLC, No. 1:23-cv-14008 (N.D. Ill. Dec. 22, 2025) (Kness, J.).

Judge Kness ruled on claim construction in a patent dispute over pre-lit Christmas tree lighting making clear the Court’s preference for plain and ordinary meaning where the intrinsic record resolved the parties’ disagreements without requiring any constructions. Applying Phillips and O2 Micro, the Court held no further construction was necessary for six disputed terms across two patents, including “an illumination element,” “a first switching circuit … a second switching circuit,” and “special lighting effect.” The court also rejected an indefiniteness challenge to “blinking” and “twinkling,” finding the Nautilus standard satisfied because a person of ordinary skill, informed by the claims and specification, would understand the scope with reasonable certainty. Of particular note, the Court held as follows:

  • Illumination Element – The Court concluded that the claim language itself—particularly the use of “said illumination element” in functional limitations—already required at least one element capable of performing all recited functions, rendering a reworded construction unnecessary.
  • First and Second Switching Circuits – The separation of first and second switching circuits coupled with their distinct roles as described in the claims and specification, made clear that two distinct circuits are required, even if implemented on the same board or package. And because the claims already delineate the transition from an initial steady-on state to “special lighting effects,” any further paraphrasing risked confusing rather than clarifying the jury.

The Court cited Vivid Techs. to avoid “an obligatory exercise in redundancy” and declined to add narrowing language absent lexicography or clear disavowal (Thorner). The Court also treated “blinking” and “twinkling” as examples of lighting sequences described in the specification, rejecting a § 112(b) indefiniteness argument for lack of “objective boundaries” where the intrinsic record adequately cabins meaning under Nautilus.

Dao Health v. Shenzhen Lutejiacheng Technology Co., Ltd., No. 23 C 4885 (N.D. Ill. Dec. 12, 2025) (Durkin, J.)

Judge Durkin construed seven disputed terms across three patents involving a hands-free breast milk collection device and a related valve, rejecting indefiniteness challenges and clarifying several scope disputes in this patent matter.

Of particular note, the Court held as follows:

  • “External suction source” – Construed with reference to the reservoir, not the bra. The pump must be external to the reservoir’s internal volume but need not be external to the bra. The Court relied on the claim’s juxtaposition of “within” (for the adaptor) and “external” (for the suction source), harmonized with the specification and prosecution history.
  • “A reduced volume … formed within said drip tube” – Not indefinite. The drip tube constitutes a reduced volume within the reservoir that can be closed via a valve to generate vacuum. The Court found the physical configuration coherent and comprehensible to a POSITA.
  • “A valve assembly” – Construed as “an assembly of multiple parts forming a valve,” consistent with the specification’s description of multiple components (e.g., valve body, valve cap, valve flap) and embodiments including overflow chamber and baffle or an alternative bladder design.
  • “A valve assembly disposed between and surrounded by the adaptor and the reservoir” – Given its plain meaning, “between” and “surrounded by” are not contradictory.
  • Distal-end aperture – The phrase “a distal end of said drip tube having an aperture adjacent the distal end” carries its plain meaning; no need to add “structure” to force a closed-end reading.
  • Functional “cyclical application and relief” and antecedent issues – The Court treated “said” before “vacuum pressure” and “cycle portion” as typographical errors; read in light of the specification, a POSITA would understand the pump supplies the alternating vacuum.
  • “Through said interior chamber” – Any antecedent issue resolved by context from claim 2 and the surrounding claim language; sufficiently definite.

Collectively, the Court favored text-anchored, specification-consistent readings and was reluctant to find indefiniteness where a POSITA could readily understand the claims in context.

Dao Health v. Shenzhen Lutejiacheng Technology Co., Ltd., No. 23 C 4885 (N.D. Ill. Dec. 2, 2025) (Durkin, J.)

Judge Durkin denied Shenzhen’s motion to amend to add inequitable conduct counterclaims, holding the proposed amendments were futile for failure to plead but-for materiality and specific intent under the Federal Circuit’s tightened Therasense standard.

Shenzhen alleged omissions relating to inventorship for earlier patents and a certification issue for a later patent. The Court found no plausible allegations that the Patent Office would not have issued the patents but for the alleged misconduct. The proposed claims focused on purported pecuniary motives and presentation issues, not but-for materiality as Therasense requires.

Fendi S.R.L. v. Schedule A Defendants, No. 25 C 14553, (N.D. Ill. Dec. 8, 2025) (Coleman, J.)

Judge Coleman dismissed Fendi’s Schedule A trademark/copyright complaint without prejudice for lack of specific personal jurisdiction and improper joinder after the Court raised the issues sua sponte.

While not reaching the merits of Lanham Act or copyright claims, the Court’s jurisdictional and joinder holdings have immediate significance for Schedule A litigation. The Court reiterated that operating an interactive website alone does not suffice; plaintiffs typically must show at least one Illinois sale and shipment or equivalent purposeful availment tied to the forum.

Joinder also faced heightened scrutiny. Alleging common infringement of the same marks is insufficient to join disparate sellers. Even a “unified sales script” theory failed without concrete, non-conclusory facts tying defendants’ conduct into the same transaction or occurrence or series thereof.

On April 17, 2026, from 12:00 p.m. to 1:00 p.m., the Asian American Bar Association of Chicago (AABA Chicago) in collaboration with the U.S. District Court for the Northern District of Illinois, will host a complimentary webinar focusing on federal motion practice. 

This special program, part of the Sidebar with Judge Kim series, will feature an engaging discussion moderated by Judge Kim and an outstanding panel of Federal Judges including Hon. Manish Shah, Hon. LaShonda Hunt, and Hon. Heather McShain.

This event offers attendees a unique opportunity to learn from experienced judges and gain a deeper understanding of motion practice.  To register, click here.

HFT Solutions, LLC v. Citadel Securities LLC, (N.D. Ill. Dec. 1, 2025) (Coleman, J.)

Judge Coleman denied defendant Citadel’s Fed. R. Civ. P. 12(b)(6) motion to dismiss HFT’s patent case holding that the asserted field programmable gate array (FPGA)-based claims plausibly recite a specific technological improvement and are not directed to an abstract idea under Section 101. FPGAs are microchips that allow for rapid data processing by spreading computations across a chip with “massive fine-grained parallelism.”

The asserted method and system claims, centered on FPGA architectures that use a phase-locked loop to synchronize clock signals and reduce latency. As an initial matter, the Court accepted Citadel’s argument that identified claims were representative of all of the claims, in part because plaintiff HFT did not challenge Citadel’s assumption. Citadel also showed the claims were substantially similar and linked to the same concept. The Court then applied the Alice framework to the representative claims concluding that at step one of the Alice analysis the claims are directed to a concrete improvement in computer technology, not generic “data manipulation” or “synchronizing data processing with a clock.”

Even if abstract, the Court held the claims would survive Alice step two because they recite a non-conventional arrangement of known components—an inventive concept—aimed at solving latency issues inherent in prior art FPGA systems

Innovation Indus., LLC v. The Schedule A P’ships, Slip. Op., No. 25 C 3157 (N.D. Ill. Oct. 24, 2025) (Bucklo, J.)

Judge Bucklo granted in part a motion by appearing defendants to vacate a preliminary injunction entered in a “Schedule A” copyright case involving alleged copying of a staged product photo depicting a hummingbird feeder heater operating in freezing conditions. The Court reaffirmed the preliminary injunction (PI) but narrowed the related asset freeze to specific gross-revenue amounts attributable to listings using the infringing image.

Regarding likelihood of success, the Court found prima facie validity based upon timely copyright registration in the absence of any evidence disputing ownership. The Court rejected arguments that inclusion of a publicly available weather monitor undermined originality. The Court emphasized that a photograph’s protectable originality often lies in its rendition – composition, timing, angle, lighting, and subject placement – rather than in individual components. Regarding “actual copying,” the Court concluded that access and probative similarity were shown: the accused image created the same overall impression, including the identical digital readout on the weather monitor, an alignment unlikely by coincidence. Regarding “wrongful copying,” an ordinary observer would conclude defendants appropriated the protectable expressive elements of the staged winter scene, satisfying the Seventh Circuit’s substantial similarity standard.

The Court also credited irreparable harm, including lost exclusivity and goodwill risks from identical imagery in competing listings, and balanced the equities in plaintiff’s favor as to continued injunctive relief.

The Court also narrowed the asset freeze. Citing the equitable nature of asset freezes tied to an accounting of profits, the Court limited the restraint to the specific gross revenue amounts Amazon reported for each appearing defendant. The Court placed the burden on defendants to prove assets are not traceable to infringing activity and treated gross revenue as an upper bound where profit evidence is lacking.

Two procedural points are noteworthy. First, in photographic copyright cases, defendants should expect that staging and rendition choices may, but do not always, readily establish originality; challenging protectability of individual objects is unlikely to carry the day. Second, courts in the Northern District increasingly calibrate asset restraints to quantified proceeds tied to alleged infringement, not broader account freezes. Plaintiffs should marshal platform revenue data early; defendants seeking to limit or minimize freezes must supply documentation establishing non-infringing sources and actual profits.