The Chicago Chapter of the Federal Bar Association is hosting a program designed to develop skills in written and oral advocacy. All new lawyers, summer associates, interns and law students are invited to this in-person seminar on Tuesday, July 25, 2023 from 3:00 p.m. to 5:00 p.m. The seminar will take place at the Dirksen
Kennelly
Plaintiff Must Justify Anonymous Patent Suit Filing
By R. David Donoghue on
Posted in Pleading Requirements
Unidentified Patent Holder v. Does 1-24, Slip Op., No. 21 C 514 (N.D. Ill. Feb. 6, 2021) (Kennelly, J.).
Judge Kennelly ordered unidentified plaintiff (Doe Plaintiff) to show cause why the patent case should not be dismissed.
The Court noted that in many ways this was a typical “Schedule A” case in which a…
Lost Profits Requires More than Speculative Evidence of Ability to Manufacture
By R. David Donoghue on
Posted in Summary Judgment
Neurografix v. Brainlab, Inc., No. 12 C 6075, Slip Op. (N.D. Ill. Jan. 30, 2020) (Kennelly, J.)
Judge Kennelly granted defendants’ (collectively “Brainlab”) Fed. R. Civ. P. 56 motion for summary judgment of no lost profits in this patent case involving tractographies.
Plaintiff Neurografix was not entitled to lost profits because it had not…
Reconsideration Cannot be Based Upon New Arguments or Evidence Previously Available
By R. David Donoghue on
Posted in Discovery, Summary Judgment
Neurografix v. Brainlab, Inc., No. 12 C 6075, Slip Op. (N.D. Ill. Feb. 26, 2020) (Kennelly, J.)
Judge Kennelly denied plaintiffs’ (collectively “Neurografix”) motion for reconsideration of the Court’s order granting defendants (collectively “Brainlab”) summary judgment on lost profits in this patent case tractographies.
Fed. R. Civ. P. 54(b) allows a court to reconsider…
Court Rules on Post-Jury Trial Award of Costs
By R. David Donoghue on
Posted in Trial
GC2 Inc. v. Int’l Game Tech., No. 16 C 8794, Slip Op. (N.D. Ill. Jul. 29, 2019) (Kennelly, J.).
Judge Kennelly ruled on plaintiff GC2’s motion for costs after its jury trial win on copyright infringement and Digital Millennium Copyright Act (DMCA) claims.
Of particular note, the Court held as follows:
- Fees of the
…
Copyright First Sale Doctrine & Patent Exhaustion Prevent Equitable Estoppel Defenses
By R. David Donoghue on
Posted in Summary Judgment
Quan v. Ty, Inc., No. 17 C 5683, Slip Op. (N.D. Ill. Mar. 20, 2019) (Kennelly, J.).
Judge Kennelly denied defendant Ty’s Fed. R. Civ. P. 56 motion for summary judgment as to equitable estoppel and abandonment regarding plaintiffs’ patent and copyright infringement claims regarding a plush seal that Ty marketed as “Wiggy.”
Of…
DMCA Damages are Based Upon Defendant’s Acts, Not its Customers
By R. David Donoghue on
Posted in Summary Judgment
GC2 Inc. v. Int’l Game Tech., No. 16 C 8784, Slip Op. (N.D. Ill. Nov. 12, 2018) (Kennelly, J.).
Judge Kennelly granted in part defendants’ (collectively IGT) Fed. R. Civ. P. 56 motion for summary judgment as to plaintiff GC2’s “Kitty Glitter” and “Maid of Money” games, to limit GC2’s recovery of profits and…
Avoiding Issue Preclusion Requires Specific Factual Allegations
By R. David Donoghue on
Posted in Summary Judgment
GemShares LLC v. Secured Worldwide, LLC, No. 17 C 6221, Slip Op. (N.D. Ill. Feb. 13, 2019) (Kennelly, J.).
Judge Kennelly granted plaintiff GemShares’ motion for partial summary judgment as to liability on its breach of contract claim against the individual defendant.
The Southern District of New York’s prior ruling on defendant’s liability for…
Naked Licensing Defense Alone Does Not Violate Trademark Best Efforts or Notice Clauses
By R. David Donoghue on
Posted in Pleading Requirements
Chicago Mercantile Exchange Inc. v. ICE Clear US, Inc., No. 18 C 1376, Slip Op. (N.D. Ill. Feb. 1, 2019) (Kennelly, J.).
Judge Kennelly granted defendants’ (collectively “ICE”) Fed. R. Civ. P. 12(b)(6) motion to dismiss and motion to strike paragraphs of the complaint in this Lanham Act and breach of contract case involving…
Laches Cuts Lanham Act Jury Award in Half
By R. David Donoghue on
Posted in Trial
Illinois Tamale Co. v. El-Greg, Inc., No. 16 C 5387, Slip Op. (N.D. Ill. Dec. 14, 2018) (Kennelly, J.).
After a jury trial on plaintiff Illinois Tamale’s Lanham Act claims regarding its PIZZA PUFFS marks and state breach of contract claims the jury returned an award to Illinois Tamale on all claims and a…