Yesterday, Tuesday, May 26, Chief Judge Pallmeyer entered a Fourth Amended General Order updating the first three (which extended all civil deadlines 28 days, an additional 21 days and 28 more days, for 77 total days) and further addressing the “Coronavirus COVID-19 public Emergency.” The fourth amended order did not grant any additional blanket
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Fees Awards Should be Commensurate with Facts & Circumstances
FameFlynet, Inc. v. Jasmine Enters. Inc., No. 17 C 4749, Slip Op. (N.D. Ill. Aug. 8, 2019) (Durkin, J.)
Judge Durkin granted plaintiff FameFlynet’s motions for attorney’s fees as the prevailing party in this copyright dispute involving celebrity wedding photos, and granted in part defendant Jasmine’s motion to strike FameFlynet’s motion.
Upon learning of…
Preliminary Injunction Denied Based Upon Likely Invalidity Despite PTAB IPR Decision of No Invalidity
Shure, Inc. v. ClearOne, Inc., No. 17 C 3078, Slip Op. (N.D. Ill. Aug. 25, 2018) (Chang, J.).
Judge Chang denied declaratory judgment defendant ClearOne’s motion for reconsideration of the Court’s denial of a preliminary injunction (PI) in this patent case involving audio-conferencing equipment utilizing beam microphones.
As an initial matter, the Court held…
Aesthetic Appeal of a Patent’s Claimed Design Is Inadequate to Render It Functional
My partners Steve Jedlinski and Anthony Fuga recently wrote a valuable article about a new Federal Circuit decision dealing with functionality and exhaustion issues for design patents. It is republished below with permission.
In a relatively rare opinion regarding design patents, the U.S. Court of Appeals for the Federal Circuit weighed in recently on the…
Copyright Claims Not Preempted by Related Breach of Contract Claims
Fair Isaac Corp. v. Trans Union, LLC, No. 17 C 8318, Slip Op. (N.D. Ill. Mar. 27, 2019) (Coleman, J.).
Judge Coleman granted in part defendant Trans Union’s Fed. R. Civ. P. 12(b)(6) motion to dismiss plaintiff FICO’s amended complaint and denied Trans Union’s Fed. R. Civ. P. 12(e) alternative motion for a more…
Egregious Misconduct Finding as to Inequitable Conduct Not Appropriate as Litigation Misconduct Sanction
Peerless Indus., Inc. v. Crimson AV, LLC, No. 11 C 1768, Slip Op. (N.D. Ill. Nov. 27, 2018) (Lefkow, J.).
After a patent infringement jury trial in June 2016, and a stipulation of judgment and damages in the amount of $40,000, the parties agreed to a stay of execution until Judge Lefkow ruled on…
CLE: Ethics in the Practice of Intellectual Property Law
On Friday, May 5, 2017, from 8:15 am – 1:30 pm, John Marshall is hosting its 8th annual Ethics in the Practice of Intellectual Property Law seminar. In addition to providing ethics credit, the program is top-notch, including:
- James Grogan of the Illinois ARDC discussing what IP lawyers need to know about ARDC proceedings
…
No Irreparable Harm Where Plaintiff Delays Seeking Injunction
Real-Time Reporters, P.C. v. Sonntag Reporting Servs., Ltd., No. 13 C 5348, Slip Op. (N.D. Ill. Der-Yeghiayan, J.).
Judge Der-Yeghiayan denied plaintiff Real-Time Reporters’ (“RTR”) preliminary injunction motion in this Lanham Act matter involving RTR’s REAL-TIME REPORTERS trademark. Defendant Sontag Reporting Services (“SRS”) use of the name “Chicago-area Realtime Reporters” alleged infringed RTR’s REAL-TIME …
Benefits of Parallel District Court Litigation and Patent Office Review
I wrote this article for IP Law360. I am cross-posting it here with permission — thank you Law360 — because inter partes review (“IPR”) is increasingly a valuable strategy for patent defendants in Chicago, as it is for defendnats across the country.
Inter partes review has become a popular, powerful tool for patent defendants.…
7th Cir. Judicial Conference: Northern District Judges Offer Practice Tips
With a hat tip to the Chicago Daily Law Bulletin’s coverage of the 7th Circuit Judicial Conference, Northern District Judges Durkin, St. Eve, and Tharp offered several valuable practice tips for litigating before federal courts, that apply as well for IP litigators as for any litigator.
Judge Durkin:
- Reduce litigation costs. For example, there
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