Neurografix v. Brainlab, Inc., No. 12 C 6075, Slip Op. (N.D. Ill. Jan. 30, 2020) (Kennelly, J.)

Judge Kennelly granted defendants’ (collectively “Brainlab”) Fed. R. Civ. P. 56 motion for summary judgment of no lost profits in this patent case involving tractographies.

Plaintiff Neurografix was not entitled to lost profits because it had not made its own product and  it could not prove that it had the manufacturing and marketing capabilities to exploit the demand for Brainlab’s product. Neurografix did offer some evidence of plans to offer a competing service, but the plans were no more than speculative. For example, Neurografix had not sent any information about its contemplated system to any of its customers or potential customers.