Tracking Northern District of Illinois IP Cases
Pyramid Packaging, Inc. v. Pyramid Packaging, LLC, No. 12 C 4420, Slip Op. (N.D. Ill. Jul. 20, 2012) (Shadur, Sen. J.).
Judge Shadur sua sponte raised several issues with defendant’s motion to dismiss in this trademark case. Defendant’s counsel claimed that service was delayed and made upon the wrong entity. But plaintiff’s sworn service …
Heathcote Holdings Corp., Inc. v. Suncast Corp., No. 11 C 1010, Slip Op. (N.D. Ill. Jul. 25, 2012) (Zagel, J.).
Judge Zagel held that the America Invents Act (“AIA”) provisions limiting false patent marking standing to persons that suffered a competitive injury, even in ongoing cases, was not an unconstitutional taking. Defendant allegedly marked …
Brown-Younger v. Lulu.com, No. 12 C 1979, Slip Op. (N.D. Ill. June 19, 2012) (Shadur, Sen. J.).
Judge Shadur sua sponte issued an order requiring pro se plaintiff to appear and answer the Court’s questions regarding whether plaintiff’s filings met the Fed. R. Civ. P. 11(b) requirement of objective good faith based upon a …
Pumponator Inc. v. Watersports, LLC, No. 11 C 3956, Slip Op. (N.D. Ill. April 5, 2012) (Aspen, Sen. J.).
Judge Aspen denied the Ketz defendant’s (“Ketz”) Fed. R. Civ. P. 12(b)(2) motion to dismiss for lack of personal jurisdiction in this Lanham Act case involving water-balloon filling devices. The Court did not address whether …
First Classics, Inc. v. Trajectory, Inc., No. 12 C 4473, Slip Op. (N.D. Ill. June 12, 2012) (Shadur, Sen. J.).
Judge Shadur sua sponte remanded plaintiff’s breach of contract case to the Cook County state court. Defendants removed the case arguing that it was a copyright case and was therefore subject to federal question …
Minemyer v. R-Boc Reps., Inc., No. 7 C 1763, Slip Op. (N.D. Ill. May 11, 2012) (Cole, Mag. J.).
Judge Cole denied defendant Grimsley’s Fed. R. Civ. P. 12(b)(2) motion to dismiss for lack of personal jurisdiction in this patent dispute. As an initial matter, the motion was denied as waived. Judge Coar denied …
Caldera Pharms. Inc. v. Los Alamos Nat’l Security, LLC, No. 10 C 6347, Slip Op. (N.D. Ill. Jan. 26, 2012) (Bucklo, J.).
Judge Bucklo granted in part defendant Los Alamos National Security’s motion to transfer this dispute involving a patent license agreement to the District of New Mexico. As an initial matter, the Court …
New Archery Prods. Corp. v. Out RAGE, LLC, No. 11 C 7695, Slip Op. (N.D. Ill. Feb. 6, 2012) (Lindberg, J.).
Judge Lindberg granted defendant Out RAGE’s motion to transfer this case to the Western District of Wisconsin, and did not rule upon Out RAGE’s motion to dismiss, leaving it for the transferee court. …
SMP Logic Sys., LLC v. Jerome Stevens Pharms., Inc., No. 11 C 5075, Slip Op. (N.D. Ill. Jan. 26, 2012) (Der-Yeghiayan, J.).
Judge Der-Yeghiayan transferred this patent case involving pharmaceutical methods to the Eastern District of New York, for the following reasons:
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Judge Darrah denied plaintiff’s application to proceed in forma pauperis and dismissed plaintiff’s complaint for failure to state a claim. Courts are required to dismiss a complaint when plaintiff seeks in forma pauperis status along with a complaint that fails to state a claim. Plaintiff’s complaint appears to sound in patent, trademarks and copyright. But it was “devoid of any substantive allegations” and, therefore, had to be dismissed.
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Continue Reading Lack of Substantive Allegations Requires Dismissal
