Next Level SportSystems, Inc. v. S&S Activewear, LLC, et al., No. 18 C 5926, Slip Op. (N.D. Ill. Mar. 7, 2019) (Durkin, J.).

Judge Durkin granted defendant YS Garments LLC’s Fed. R. Civ. P. 12(b)(7) motion to dismiss for failure to join Sierra Sportswear, Inc., the co-owner of plaintiff Next Level’s trademark-in-suit as a

Cascades AV LLC v. Evertz Microsystems Ltd., No. 17 C 7881, Slip Op. (N.D. Ill. Jan. 11, 2019) (Durkin, J.).

Judge Durkin denied defendants’ Fed. R. Civ. P. 12(b)(6) motion to dismiss plaintiff’s patent infrignement claims in this patent case involving lip-synching patents and defendant Everetz’s accused fingerprint reading systems.

Direct Infringement

Citing Disc

As part of the Northern District of Illinois’ continuing 200th anniversary celebration, the Northern District of Illinois Court Historical Association, the Seventh Circuit Bar Association, and the Federal Bar Association are hosting a program on March 20, 2019 from 3:00-4:30 pm CT in courtroom 2525 highlighting federal judicial trailblazers:

  • Chief Judge Ruben Castillo –

The Northern District of Illinois has a critical number of vacancies. Judge St. Eve just left for the Seventh Circuit. Judge Zagel took senior status in October 2016. Judge Zagel took senior status in March 2017 and passed away shortly thereafter. Judge Der-Yeghiayan retired in February 2018. Senior Judge Shadur (who maintained a very full

Channel Clarity, Inc. v. Optima Tax Relief, LLC, 14 C 8945, Slip Op. (N.D. Ill. Feb. 18, 2015) (Durkin, J.).

Judge Durkin granted declaratory judgment defendant Optima’s Rule 12(b) motion to dismiss arguing that declaratory judgment plaintiff Channel Clarity did not have proper declaratory standing. Channel Clarity filed a declaratory judgment suit regarding Optima’s

Asher Worldwide Enterprises LLC v. Housewaresonly.com Inc., No. 12 C 568, Slip Op. (N.D. Ill. Aug 26, 2013) (Durkin, J.).

Judge Durkin denied the individual defendants’ Fed. R. Civ. P. 12(b)(6) motion to dismiss the individual defendants in this Lanham Act and copyright case involving defendants allegedly infringing plaintiff’s copyrights by using plaintiff’s copyrighted

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