Young v. Stone, No. 13 C 4920, Slip Op. (N.D. Ill. Aug. 28, 2014) (Guzman, J.). Judge Guzman granted defendant’s Fed. R. Civ. P. 12(c) motion to dismiss plaintiff’s design patent infringement claim regarding defendant’s Putt-A-Round golf practice target. The patented design and the accused golf practice target are depicted below: 
The Court held
Summary Judgment
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 …
Experts Do Not Prevent Summary Judgment of Design Patent Noninfringement
By R. David Donoghue on
Posted in Summary Judgment
Voltstar Techs., Inc. v. Amazon.com, No. 13 C 5570, Slip Op. (N.D. Ill. Jul. 28, 2014) (Lee, J.).
Judge Lee granted defendant Amazon’s motion for summary judgment of noninfringement of plaintiff Voltstar’s design patent to an electrical charger and denied Voltstar’s cross-motion for summary judgment. An ordinary observer viewing the two chargers side-by-side would …
Fair Use & Likelihood of Confusion Doom Lanham Act Claims
By R. David Donoghue on
Posted in Summary Judgment
Sorenson v. WD-40 Co., No. 12 C 50417, Slip Op. (N.D. Ill. Sep. 9, 2014) (Kapala, J.).
Judge Kapala granted defendant WD-40 summary judgment as to plaintiff’s Lanham Act and related state law claims regarding plaintiff’s THE INHIBITOR and related design marks (the “Inhibitor Marks”) and WD-40’s Specialist product line.
WD-40’s use of the …
Plaintiff May Not Dismiss Claims in Response to Summary Judgment Motion
By R. David Donoghue on
Posted in Summary Judgment
Beasley v. John Wiley & Sons, Inc., No. 12 C 8715, Slip Op. (N.D. Ill. Sep. 9, 2014) (St. Eve, J.).
Judge St. Eve, after previously deferring ruling to allow the parties to work out procedural disputes, granted defendant John Wiley & Sons’ motion for summary judgment as to plaintiff’s fraud and Digital Millennium …
Patent Exhaustion Applies Despite License Restrictions
By R. David Donoghue on
Posted in Summary Judgment
Cascades Computer Innovation, LLC v. Samsung Elecs. Co., Nos. 11 C 4574 & 11 C 6235, Slip Op. (N.D. Ill. Sep. 14, 2014) (Kennelly, J.).
Judge Kennelly granted in part defendants Samsung’s and HTC’s motions for summary judgment of patent exhaustion based upon a prior settlement agreement that plaintiff Cascades Computer Innovation (“Cascades”) previously …
Permissible Repair Doctrine Applies Where Patentee Recommends Changing the Accused Part
By R. David Donoghue on
Posted in Summary Judgment
Robert Bosch LLC v. Trico Prods Corp., No. 12 C 437, Slip Op. (N.D. Ill. May 21, 2014) (Grady, Sen. J.).
Judge Grady denied defendants’ (collectively “Trico”) motion for summary judgment of noninfringement with respect to Trico’s Duralast Flex Blade windshield wiper blade in this patent infringement dispute.
As an initial matter, the Court …
Descriptive Trademark Does Not Survive Summary Judgment
By R. David Donoghue on
Posted in Summary Judgment
Box Acquisitions, LLC d/b/a Box Partners, LLC v. Box Packaging Prods., LLC, No. 12 C 4021, Slip Op. (N.D. Ill. Mar. 26, 2014) (Kocoras, J.).
The Court granted summary judgment for defendant in this Lanham Act case involving alleged trademark infringement regarding plaintiff’s BOX PACKAGING trademarks. The “key issue” was whether BOX PACKAGING was …
Late Damages Theory Allowed Based Upon Lack of Prejudice
By R. David Donoghue on
Posted in Summary Judgment, Trial
NanoChem Sol’ns, Inc. v. Global Green Prods., LLC., No. 10 C 5686, Slip Op. (N.D. Ill. Sep. 10, 2013) (Hart, Sen. J.).
Judge Hart denied defendants’ motion in limine to exclude plaintiff NanoChem’s late-disclosed lost profit damages analysis. The Court also granted defendants’ motion for summary judgment as to NanoChem’s Lanham Act and Illinois …
Trade Secret Claims Dismissed for Lack of Evidence of Unique, Non-Public Information
By R. David Donoghue on
Posted in Summary Judgment
Spitz v. Proven Winners N. Am., LLC, No. 11 C 3997, Slip Op. (N.D. Ill. Aug. 22, 2013) (Hart, Sen. J.).
Judge Hart granted defendants’ motion for summary judgment in this trade secret case involving alleged trade secrets identifying pet-friendly plants. Plaintiff alleged that defendants used plaintiff’s trade secret identification of pet-friendly plants without…