On July 9, 2025 from 2:00 p.m. – 5:00 p.m. CT, the Chicago Chapter of the Federal Bar Association and the 7th Circuit Bar Association Pro Bono Committee will host a free CLE event focusing on settlement advocacy techniques for pro se cases. Chief Judge Virginia M. Kendall of the U.S. District Court for the Northern District of Illinois will deliver the opening remarks. 

The event will cover such topics as:

SAP Matters: Overview and the Volunteer Experience:  Presented by J. Cunyon (Settlement Assistance Program) and Rami Fakhouri (Goldman Ismail Tomaselli Brennan & Baum LLP)

Listening Differently: Client Communication Strategies: Presented by Elizabeth Shaver (Center for Conflict Resolution)

Strategies and Pitfalls: Lessons from the Bench:  Moderated by Kathleen Hennessy (Hamilton & Hennessy LLC) and presented by a distinguished panel of federal magistrate judges:

  • Hon. Gabriel A. Fuentes
  • Hon. Jeffrey T. Gilbert
  • Hon. Heather K. McShain

Attendees will receive 3 hours of general CLE credit (pending approval) and become eligible to participate in the Pro Se Litigants Settlement Assistance Program (SAP).  The event will be held at the Dirksen Federal Building, 219 South Dearborn Street, 25th Floor, Courtroom 2525, Chicago, IL, 60604.  Click here to register.

Over the last five or more years, the Northern District has become the epicenter of intellectual property cases filed against an anonymous list of alleged infringers – often referred to as Doe defendants or Schedule A defendants – typically targeting online sellers of allegedly knock-off products. In fact, 83% of the Schedule A cases filed have been filed in Chicago since 2020. Those cases have made Chicago the busiest copyright district court for years running, and significantly increased the Northern District’s patent and trademark case filings as well. The cases started out as a trickle, until it became clear that the Northern District judges were largely allowing them. But more recently, Judge Kness has stayed proceedings in over 50 Schedule A cases. While it is just one judge on a large Northern District bench, it is enough to chill filings because plaintiffs know their complaints will be randomly assigned to a judge and, therefore, have an equal chance of being assigned to Judge Kness. A similar thing happened more than a decade ago when then Seventh Circuit Judge Posner was regularly sitting by designation in about one Northern District patent case per year and issued a few decisions requiring tying damages expert analysis to causation analysis that was arguably more than required by the Federal Circuit. After Judge Posner issued a few of those decisions, patent cases fell off substantially in Chicago.

What Are Schedule A Cases?

Schedule A litigation has been a primary weapon for intellectual property owners fighting online counterfeiting for more than 15 years. These cases typically involve a single plaintiff filing suit against numerous (often dozens or hundreds) of online sellers simultaneously. The defendants are not identified in public pleadings but rather in sealed “Schedule A” attachments, purportedly to prevent alleged infringers from disappearing with ill-gotten gains.

A hallmark of these cases is an ex parte temporary restraining order and / or preliminary injunction that freezes defendants’ online accounts—often without their knowledge or opportunity to respond. While this approach has been embraced by brands seeking efficient enforcement mechanisms, it has increasingly raised due process concerns among judges.

Stay Order from Judge Kness

Judge Kness’s stay order, implemented since at least late March, explicitly states his intention “to reassess [the court’s] previous approach in Schedule A litigation involving Lanham Act, Copyright Act, and Patent Act claims typically brought on an ex parte basis.” This pause potentially impacts dozens of cases where plaintiffs have moved for temporary restraining orders. In my experience it is exceptionally rare to have a judge stay all of a category of cases before him.

Judge Kness is reassessing several fundamental aspects of Schedule A litigation, including:

  • Whether ex parte proceedings are appropriate;
  • If granting TROs without defendant participation is a sound exercise of the Court’s discretion;
  • The propriety of mass joinder of numerous defendants in single cases; and
  • What portion of the cases, if any, should be sealed.

And Judge Kness is not the only Northern District judge that has voiced some level of doubt about the Schedule A cases. In January 2025, Judge Durkin publicly welcomed guidance from the Seventh Circuit on handling Schedule A cases. In November 2024, Judge Daniel rejected a plaintiff’s attempt to join 103 defendants in a single suit.

On the other hand, Chief Judge Kendall recently reversed her own decision denying a preliminary injunction in a Schedule A case, finding that refusing to join multiple defendants would result in “a series of multiplying cases” and create an undue burden on the court’s docket.

The Migration Begins

With Judge Kness’s stay order explicitly noting that plaintiffs were free to pursue their cases elsewhere, many brand owners are already refiling their complaints outside Chicago. Nike and Universal Studios voluntarily dismissed their lawsuits from Judge Kness’s docket within days of his stay orders.

What’s Next?

The fundamental tension in Schedule A litigation remains unresolved: intellectual property owners seek efficient mechanisms to combat widespread online counterfeiting, while courts must ensure due process and proper application of procedural rules.

As Judge Kness completes his reassessment, the resulting guidance may significantly reshape how, or at least where, brand owners pursue online counterfeiters. Whether his approach becomes a model for other Northern District judges will likely determine if Chicago maintains its status as the primary venue for Schedule A litigation or if those cases migrate to other jurisdictions.

The Chicago Chapter of the Federal Bar Association is offering members a private lunch with the Northern District’s Judge John F. Kness on Wednesday, July 16, 2025 from 12:00 pm to 1:00 pm CT. 

This event is limited to FBA members and will be capped at twelve people.  Lunch will be held in Judge Kness’s Jury Room on the 21st Floor of the Dirksen U.S. Courthouse, located at 219 S. Dearborn Street, Chicago, IL 60604.

Attorneys who currently have active matters before Judge Kness are not eligible to attend.  Click here to reserve your spot. 

While the event is complimentary, there is a $25 fee to cover lunch from Inspiration Kitchen. 

The Chicago Chapter of the Federal Bar Association is hosting the Annual State of the Court Address on Tuesday, July 8, 2025 from noon to 1:30 pm CT.  Chief Judge Virginia M. Kendall, will update us on the Northern District’s developments and trends.

The event will be held at the Chicago Bar Association, 321 S Plymouth Ct., 2nd Floor, Corboy Hall, Chicago, IL.  Click here to register.

There is a fee to attend which covers lunch, advertising, and other administrative costs. 

Pricing is as follows:

FBA Members – $40

Non-Members – $50

Gov. Employees & Law Students (Members) – $30

Gov. Employees & Law Students (Non-Members) – $40

Judges – Free

The Northern District of Illinois updated its summons form, which is now required when submitting a summons via ECF in the Northern District.  And as of February 10, 2025, all summonses must be submitted via ECF. 

The newly revised summons form is available on the Northern District’s website under the “Forms” section or you may click here to download the updated version.

For detailed instructions on how to properly file the summons through CM/ECF, please click here

Chief Judge Kendall and Clerk Bruton issued a notice that the Administrative Office of the United States Courts (AO) is upgrading the Judiciary Integrated Financial Management System (JIFMS), the federal judiciary’s financial system. That update is expected to impact all federal courts during the upgrade period, June 5, 2025 through July 2, 2025. During that period, the judiciary’s financial operations will be suspended. The suspension includes the ability of all courts, including the Northern District, to deposit funds into an interest-bearing account, and the ability to withdraw funds previously deposited into the court’s interest bearing accounts.  Further information can be found here.

On May 29, 2025 from 4:30 p.m. – 6:00 p.m. CT, the Federal Bar Association Chicago Chapter, the Asian American Bar Association of Greater Chicago, and the Northern District will host a special event to mark Asian American and Pacific Islander Heritage Month reflecting on the landmark United States v. Wen Ho Lee case. 

The program will examine the espionage investigation of Dr. Lee, suspected of sharing nuclear secrets with China.  It will analyze the investigation, the legal strategy leading to his release, and the lasting implications for both due process and civil rights. 

The moderators for the event are:

  • Stephen Chahn Lee, Solo Practitioner, AABA First Vice President, Former Federal Prosecutor; and
  • Vikas K. Didwania, Assistant U.S. Attorney, former Senior Policy Advisor for Criminal Justice at the White House

This free event held at the U.S. District Courthouse, 25th Floor, is open to the public and will be followed by a reception.  Click here to register on Eventbrite.

Pending approval, 1.5 hours of continued legal education are being offered.

On May 8, 2025 from 12:00 p.m. – 4:00 p.m. CT, The University of Illinois Chicago School of Law Center for Intellectual Property, Information and Privacy Law will host the Second Annual Information and Privacy Law Program covering an expansive list of pressing legal topics including agentic AI and DOGE privacy issues.    

The in-person event will be held at UIC School of Law, 300 S. State Street, Chicago, IL, 60604. In-person attendance costs $25, including lunch.  It is free to attend via Zoom.   

Click here to register.

Highlights of the agenda include:

  • Navigating Legal and Ethical Challenges of Agentic AI
    • Moderator: Sean Vargas-Barlow, Senior Counsel, Axiom
    • Panelists:
      • Natasha Allen, Partner, Foley & Lardner LLP
      • Dennis Garcia, Assistant General Counsel, Microsoft Corporation
      • Elise Houlik, Chief Privacy Officer, Intuit
  • DOGE and Data Privacy: Legal and Technical Analysis in the Age of AI and Government Efficiency
    • Moderator: Isaac Pflaum, Director of Complex Software Litigation, Quandary Peak Research, Inc.
    • Panelists:
      • Kaler Hazen, Senior Consultant, Data Privacy
      • Iman Sadeghi, Principal Software & Technology Consultant, Quandary Peak Research
      • Rebecca Williams, Senior Strategist for the Privacy & Data Governance Unit at the ACLU
  • Privacy Compliance and Litigation Trends with the rise of AI and Patchwork of Privacy Regulations
    • Moderator: Ken Suh, Counsel, Troutman Pepper Locke LLP
    • Panelists:
      • Dan Allard, Claims Manager, Beazley
      • Daniel Cotter, Member, Dickinson Wright PLLC

The Northern District of Illinois has taken a significant step toward improving public accessibility by refreshing its website.

As IP practitioners who regularly navigate federal court resources, this development is particularly welcome. The website is much more user friendly while maintaining the key information attorneys and the public require.

The redesign introduces several notable improvements:

  • Multi-language support: A particularly important addition that enhances accessibility for the diverse population served by the Northern District.
  • Mobile responsiveness: The new sites adapt seamlessly across devices, allowing practitioners to access critical information whether they’re at their desks or checking case updates on their phones while at court.
  • Streamlined navigation: Perhaps most valuable to frequent users, the reorganized resource groupings and more intuitive link placement should reduce the time spent searching for specific information.

Why This Matters to IP Practitioners

For those of us handling intellectual property matters in the Northern District, efficient website access directly impacts our practice. Whether checking local rules specific to patent cases, reviewing a judge’s standing orders, or accessing electronic filing systems, a well-designed court website can significantly streamline these routine but essential tasks.

The Clerk’s Office deserves recognition for this update, which clearly aligns with their stated mission of “serving the Court and all people having business before the Court” while demonstrating “a commitment to providing the highest level of service.”

Have you explored the new websites yet? What features do you find most helpful? Let us know in the comments. My only nit is that the ECF / Pacer access tile is the last tile on the ECF page and it took me awhile to find it the first time I used the new site.

The Chicago legal community will gather next week to celebrate the Northern District’s of Illinois twenty-fifth annual Awards for Excellence in Pro Bono and Public Interest Service, in partnership with the Federal Bar Association at the Everett McKinley Dirksen United States Courthouse.

I am particularly proud to announce that my Holland & Knight colleagues, Melissa Gold and Timothy Ray, will be among this year’s distinguished honorees receiving the Excellence in Pro Bono Service award. Their dedication to serving those most in need is one of many reasons I am proud to work with each of them.

The ceremony will take place on May 1, 2025, at 1:00 p.m. in the James Benton Parsons Memorial Courtroom, with Federal Bar Association National President Glen R. McMurry delivering the keynote address. Chief Judge Virginia M. Kendall and Chicago Chapter FBA President Erin M. Franzblau will also offer remarks.

This annual event recognizes attorneys who have gone above and beyond in providing pro bono and public interest legal services before the Northern District of Illinois. The honorees represent a diverse cross-section of Chicago’s legal community, from solo practitioners to attorneys at international law firms, all united by their commitment to ensuring access to justice.

Among this year’s honorees is Alan Mills of The Uptown People’s Law Center, who will receive the Lifetime Achievement Award for excellence in public interest and pro bono service. The ceremony will also posthumously honor Michael G. Babbitt of Willkie Farr & Gallagher LLP.

The program is free and open to all attorneys. I encourage everyone to attend this inspiring celebration of legal service and excellence.

Congratulations to Melissa, Tim, and all the honorees for their extraordinary contributions to our profession and our community.