Loggerhead Tools, LLC v. Sears Holdings Corp., No. 12-CV-9033, Slip Op. (N.D. Ill. Sep. 20, 2016) (Darrah, J.).

Judge Darrah granted defendant Sears’ summary judgment motion regarding the Lanham Act and related state law claims against it in this IP case involving the Bionic Wrench.

As to false advertising, the Court first examined defendants’

Loggerhead Tools, LLC v. Sears Holdings Corp., No. 12-CV-9033, Slip Op. (N.D. Ill. Sep. 20, 2016) (Darrah, J.).

Judge Darrah granted plaintiff Loggerhead’s Fed. R. Civ. P. 37 motion to exclude late-produced financial information and rebuttal damages expert opinions relying upon the late-produced information in this IP case involving the Bionic Wrench.

Defendants produced

Loggerhead Tools, LLC v. Sears Holdings Corp., No. 12-CV-9033, Slip Op. (N.D. Ill. Sep. 20, 2016) (Darrah, J.).

Judge Darrah granted defendant Sears’ summary judgment motion regarding Loggerhead’s fraud claims in this patent, Lanham Act and trade secret case involving the Bionic Wrench.

Of particular note, the Court held as follows:

  • Loggerhead could not

Loggerhead Tools, LLC v. Sears Holdings Corp., No. 12-CV-9033, Slip Op. (N.D. Ill. Sep. 20, 2016) (Darrah, J.).

Judge Darrah granted defendant Sears’ summary judgment motion regarding Lanham Act and related state law claims directed to Sears’ internet activity in this IP case involving the Bionic Wrench.

Loggerhead stipulated to dismissal of its Lanham

Loggerhead Tools, LLC v. Sears Holdings Corp., No. 12-CV-9033, Slip Op. (N.D. Ill. Sep. 20, 2016) (Darrah, J.).

Judge Darrah granted defendant Sears’ summary judgment motion regarding the Lanham Act and related state law claims against it in this IP case involving the Bionic Wrench.

As to false advertising, the Court first examined defendants’

Loggerhead Tools, LLC v. Sears Holdings Corp., No. 12-CV-9033, Slip Op. (N.D. Ill. Sep. 20, 2016) (Darrah, J.).

Judge Darrah granted in part plaintiff Loggerhead’s motion to exclude defendant Apex’s expert’s opinions regarding willfulness and obviousness in this IP case involving the Bionic Wrench.

Of note, the Court held as follows:

  • The expert’s testimony

Loggerhead Tools, LLC v. Sears Holdings Corp., No. 12-CV-9033, Slip Op. (N.D. Ill. Sep. 20, 2016) (Darrah, J.).

Judge Darrah granted in part defendant Apex’s motion to exclude plaintiff Loggerhead’s damages expert’s testimony in this IP case involving the Bionic Wrench.

Of note, the Court held as follows:

  • Loggerhead’s lost profits analysis was not