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Chicago IP Litigation

Tracking Northern District of Illinois IP Cases

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Egregious Misconduct Finding as to Inequitable Conduct Not Appropriate as Litigation Misconduct Sanction

By R. David Donoghue on May 20, 2019
Posted in Uncategorized

Peerless Indus., Inc. v. Crimson AV, LLC, No. 11 C 1768, Slip Op. (N.D. Ill. Nov. 27, 2018) (Lefkow, J.).

After a patent infringement jury trial in June 2016, and a stipulation of judgment and damages in the amount of $40,000, the parties agreed to a stay of execution until Judge Lefkow ruled on…

No Inequitable Conduct Where Multiple Inferences Can be Drawn as to Intent

By R. David Donoghue on November 9, 2012
Posted in Summary Judgment

Fujitsu Ltd. v. Tellabs Ops., Inc., No. 09 C 4530, Slip Op. (N.D. Ill. Jul. 31, 2012) (Holderman, C.J.).

Judge Holderman granted plaintiff Fujitsu’s motion for summary judgment of no inequitable conduct.  The inventors allegedly failed to disclose two prior art references which had been disclosed in prior patent prosecutions, each of which was …

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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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