LoggerHead Tools, LLC v. Sears Holding Corp., No. 12 C 9033, Slip Op. (N.D. Ill. Sep. 20, 2016) (Darrah, J.).

Judge Darrah denied plaintiffs LoggerHead Tools summary judgment of patent infringement in this IP dispute involving LoggerHead’s Bionic Wrench.

As an initial matter, LoggerHead’s final infringement contentions sufficiently disclosed its infringement theory to put defendant on notice of the arguments.

The Court denied summary judgment of infringement based upon the following factual disputes:

  1. Whether the accused device had an arm portion that engaged a guide and that was contiguous with a force transfer element;
  2. Whether a slot had the required first section; and
  3. Whether aligning elements were part of the first and second elements.