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Chicago IP Litigation

Tracking Northern District of Illinois IP Cases

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Twombly / Iqbal Requires Factual Allegations Beyond Reciting Patent Claim Elements

By R. David Donoghue on April 19, 2017
Posted in Pleading Requirements

Atlas IP, LLC v. City of Naperville, No. 15 C 10744, Slip Op. (N.D. Ill. Jul. 19, 2016) (Coleman, J.).

Judge Coleman granted defendant Naperville’s Fed. R. Civ. P. 12(b)(6) motion to dismiss for failure to state a claim pursuant to Twombly / Iqbal in this patent case involving networked power meters.

Although Atlas’s…

Indirect Infringement May be Pled Without Detailed Allegations

By R. David Donoghue on April 6, 2015
Posted in Pleading Requirements

Marshall Feature Recognition, LLC v. Wendy’s Int’l, Inc., No. 14 C 865, Slip Op. (N.D. Ill. Mar. 4, 2015) (Coleman, J.).

Judge Coleman denied Wendy’s Fed. R. Civ. P. 12(b)(6) motion to dismiss plaintiff Marshall Feature Recognition’s (“MFR”) patent complaint accusing QR codes.  The Court earlier denied MFR’s motion to amend its complaint to…

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R. David Donoghue is a patent trial attorney and partner with Holland & Knight’s Intellectual Property Group in Chicago. A trusted counselor to his retail and supply chain clients, Dave routinely speaks to groups of all sizes on an array of intellectual property topics. Chicago IP Litigation was created to help businesses understand their intellectual property rights and how to drive their cases to positive resolution.

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