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 Holding Corp., No. 12 C 9033, Slip Op. (N.D. Ill. Sep. 20, 2016) (Darrah, J.).

Judge Darrah granted defendants summary judgment as to plaintiff Loggerhead’s product design-based and product packaging-based trade dress infringement in this intellectual property case related to LoggerHead’s Bionic Wrench.

Of particular note, the Court held

LoggerHead Tools, LLC v. Sears Holding Corp., No. 12 C 9033, Slip Op. (N.D. Ill. Sep. 20, 2016) (Darrah, J.).

Judge Darrah denied plaintiffs LoggerHead Tools summary judgment of patent infringement in this IP dispute involving LoggerHead’s Bionic Wrench.

As an initial matter, LoggerHead’s final infringement contentions sufficiently disclosed its infringement theory to put

LoggerHead Tools, LLC v. Sears Holding Corp., No. 12 C 9033, Slip Op. (N.D. Ill. Sep. 20, 2016) (Darrah, J.).

Judge Darrah granted in part defendant’s motion for summary judgment of noninfringement and invalidity in this IP case involving plaintiff LoggerHead’s Bionic Wrench. Of particular note, the Court held:

  • The Court denied summary judgment

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