At the start of the new year, many of us are spending time looking back at where we have come from and forward to where we want to go. As part of that process, many are making resolutions to make 2015 better than ever. In that spirit, over the next several weeks, I am reposting
Local Rules
Northern District of Illinois Practice Tips Nos. 11-15
By R. David Donoghue on
Posted in Local Rules, Pleading Requirements
At the start of the new year, many of us are spending time looking back at where we have come from and forward to where we want to go. As part of that process, many are making resolutions to make 2015 better than ever. In that spirit, over the next several weeks, I am reposting …
Northern District of Illinois Practice Tips Nos. 6-10
By R. David Donoghue on
Posted in Local Rules
At the start of the new year, many of us are spending time looking back at where we have come from and forward to where we want to go. As part of that process, many are making resolutions to make 2015 better than ever. In that spirit, over the next several weeks, I am …
Northern District of Illinois Practice Tips 1-5
By R. David Donoghue on
Posted in Local Rules, Pleading Requirements
At the start of the new year, many of us are spending time looking back at where we have come from and forward to where we want to go. As part of that process, many are making resolutions to make 2015 better than ever. In that spirit, over the next several weeks, I am reposting …
Patent Cases Consolidated Over Objections
By R. David Donoghue on
Posted in Local Rules
Velocity Patent LLC v. Mercedes-Benz USA, LLC, No. 13 C 8413, Slip Op. (N.D. Ill. Apr. 14, 2014) (Darrah, J.).
Judge Darrah granted plaintiff Velocity Patent’s Local Rule 40.4 motion to consolidate patent cases against various corporate entities of Audi, BMW, Chrysler, Jaguar and Mercedes. Audi objected to consolidation, while the other defendants did …
Lack of Local Rule 56.1 Support Prevents Summary Judgment
By R. David Donoghue on
Posted in Local Rules, Summary Judgment
Panoramic Stock Images, Ltd. d/b/a Panoramic Images v. John Wiley & Sons, Inc., No 12 C 10003, Slip Op. (N.D. Ill. Sep. 2, 2014) (Feinerman, J.).
Judge Feinerman granted in part plaintiff Panoramic’s partial summary judgment motion and denied defendant Wiley’s partial summary judgment motion as to Panoramic’s fraud and contributory copyright infringement claims …
Lady Gaga’s “Judas” Does Not Infringe Copyright
By R. David Donoghue on
Posted in Local Rules, Summary Judgment
Francescatti v. Germanotta p/k/a Lady Gaga, No. 11 C 5270, Slip Op. (N.D. Ill. June 17, 2014) (Aspen, Sen. J.).
Judge Aspen granted defendants’ Fed. R Civ. P. 56 motion for summary judgment because no reasonable trier of fact could find defendant Lady Gaga’s song “Judas” substantially similar to plaintiff’s song “Juda.”
Local …
Preliminary Injunction Does Not Apply to Redesigns as Long as They are Not Colorable Imitations
By R. David Donoghue on
Posted in Claim Construction, Local Rules
Scholle Corp. v. Rapak LLC, No. 13 C 3976, Slip Op. (N.D. Ill. Jul. 24, 2014) (Kendall, J.).
Judge Kendall ruled on numerous motions filed after the Court granted a preliminary injunction in this patent case. Of particular note, the Court held as follows:
- The Court granted defendant Rapak’s motion to construe more than
…
Final Invalidity Contentions May Not be Amended to Add Nautilus-Based Indefiniteness Claims
By R. David Donoghue on
Posted in Local Rules
R-Boc Reps., Inc. v. Minemyer, No. 11 C 8433, Slip Op. (N.D. Ill. Cole, Mag. J.).
Judge Cole denied plaintiff R-Boc’s motions to amend its Final Invalidity Contentions with an allegedly new theory regarding the phrase “approximately perpendicular” based upon the Supreme Court’s Nautilus indefiniteness decision and related motion for summary judgment of invalidity…
Trading Technologies: New Expert Opinions Doomed by Lack of Inclusion in LPR Final Contentions
By R. David Donoghue on
Posted in Experts, Local Rules
The Court also struck some, but not all, of the experts’ opinions based upon trader usage. Trading Techs. Int’l, Inc. v. CQG, Inc., No. 05 C 4811, Slip Op. (N.D. Ill. Sep. 10, 2014) (Coleman, J.).
Judge Coleman granted in part and denied in part defendants’ (collectively “CQG”) motion to strike portions of plaintiff …