The federal district courts in Illinois will host two remote continuing legal education seminars on representing prisoners. The first seminar “Introduction to Prisoner Civil Rights Litigation” will be held on January 27, 2022 and the second seminar “Representing Prisoners in Medical Cases” will be held on February 3, 2022. Both seminars will be held from
R. David Donoghue
Illinois Law Does Not Allow Conversion Based Upon Intangible Assets
By R. David Donoghue on
Posted in Pleading Requirements
Got Docs, LLC v. Kingbridge Holdings, Inc., No. 19 C 6155, Slip Op. (N.D. Ill. Oct. 7, 2021) (Guzman, J.).
Judge Guzman granted defendant Kingbridge’s Fed. R. Civ. P. 12(b)(6) motion to dismiss plaintiffs’ conversion and civil conspiracy claims, and denied plaintiffs’ Fed. R. Civ. P. 12(c) motion for judgment on the pleadings as…
Oral Contract Claims Dismissed
By R. David Donoghue on
Posted in Pleading Requirements
Kolbe v. CZS Holdings LLC d/b/a Pur360, No. 20 C 6886, Slip Op. (N.D. Ill. Oct. 19, 2021) (Kendall, J.).
Judge Kendall granted in part counterclaim plaintiff CZS Holdings’ (“Pur360”) Fed. R. Civ. P. 12(b)(6) motion to partially dismiss counterclaim plaintiff’s (“Kolbe”) breach of contract claim in this trade secret misappropriation case.
As an…
Northern District Amends Notice of Affiliates Requirement & Adds Obligation to Update
By R. David Donoghue on
Posted in Local Rules
The Northern District is amending the Local Rule 3.2 notice of affiliates procedure to make it more robust and more meaning, including an ongoing requirement to update. For all civil cases filed on or after January 3, 2022 (the rule is not retroactive), parties must file a Notification of Affiliates as a PDF pursuant to…
Court Awards Limited Additional Deposition Time, but No Attorney’s Fees
By R. David Donoghue on
Posted in Local Rules
Caddo Sys., Inc. v. Siemens Aktiengesellschaft (AG), No. 20 C 5927, Slip Op. (N.D. Ill. Oct. 20, 2021) (Cox, Mag. J.).
Magistrate Judge Cox granted plaintiffs’ Fed. R. Civ. P. 37 motion to compel, but limited plaintiffs’ questioning of defendants’ (collectively “Siemens”) Fed. R. Civ. P. 30(b)(6) corporate witness to two hours in this…
A Conversation With Professor Ed Lee About NFTs
By R. David Donoghue on
Posted in Legal News
On Wednesday, December 15, 2021 from 12:00 p.m. to 1:00 p.m. CT, the Intellectual Property Law Association of Chicago (“IPLAC”) and the Illinois Intellectual Property Alliance (“ILIPA”) will present A Conversation with Professor Ed Lee About NFTs. This virtual event will discuss NFTs, who owns the copyrights and what that means from a legal…
Copyright Notice was Sufficient Copyright Management Information to Survive Motion to Dismiss
By R. David Donoghue on
Posted in Pleading Requirements
Southall v. Force Partners, LLC, No. 20 C 3223, Slip Op. (N.D. Ill. Aug. 31, 2021) (Chang, J.).
Judge Chang granted in part defendant Force Partners’ Fed. R. Civ. P. 12(b)(6) motion to dismiss in this copyright infringement and Digital Millenium Copyright Act (“DMCA”) claims involving a picture of the inside of a restaurant…
Interlocutory Appeal Not Warranted Where Accused Infringer Did Not Prove Intent to Deceive
By R. David Donoghue on
Posted in Summary Judgment
Feit Elec. Co. v. CFL Techs., LLC, No. 13 C 9339, Slip Op. (N.D. Ill. Sep. 7, 2021) (Gettleman, J.).
Judge Coleman denied declaratory judgment plaintiff Feit’s motion to certify an interlocutory appeal regarding the Court’s denial of Feit’s and granting of declaratory judgment plaintiff CFL’s cross-motion for summary judgment regarding Feit’s inequitable conduct…
Alleged US Sales of Trademarked Goods Subject Foreign Defendants to US Claims
By R. David Donoghue on
Posted in Summary Judgment
Ouyeinc, Ltd. v. BAAAAI, et al., No. 20 C 3488, Slip Op. (N.D. Ill. Sep. 13, 2021) (Coleman, J.).
Judge Coleman denied defendants’ Fed. R. Civ. P. 12(b)(1), (2) & (6) motion to dismiss plaintiff Ouyeinc’s Lanham Act trademark infringement, counterfeiting and false designation claims regarding Ouyeinc’s PRO-WAX100 marks for use with wax warming…
State Unjust Enrichment Claims Bar Later Federal Lanham Act Claims
By R. David Donoghue on
Posted in Pleading Requirements
Legat v. Legat Architects, Inc., No. 20 C 6830, Slip Op. (N.D. Ill. Jun. 23, 2021) (Gettleman, J.).
Judge Gettleman granted defendant Legat Architects’ motion to stay plaintiff Legat’s Lanham Act claim pending appeal of Legat’s state law claims for breach of contract and unjust enrichment related to his LEGAT trademark for use with…