Eko Brands, LLC v. Adrian Rivera Maynez Ent., Inc. et al. (“ARM”) Docket No. 2018-2215, -2254 DYK, REYNA, HUGHES January 13, 2020 Brief Summary: DC decisions that ARM’s claims are invalid for obviousness and not infringed, and that ARM willfully infringed Eco’s patent affirmed. Summary: ARM appealed DC judgment that claims 8 and 19 of ARM’s US 8,720,320 relating to an adaptor for use with Keurig(TM) single-brew coffee machines (“pods”) are invalid for obviousness and not infringed, as well as its award of attorney’s fees to Eko. Claims 5-8 and 18-20 of the ‘320 patent were previously found invalid for…
Question:  I am a partner in a three attorney law firm based in Orlando, Florida. I did a quick Google Search this morning and stumbled upon your excellent blog posting – Associate Attorney Compensation.  John did an excellent job in answering the attorney’s question.  We have an associate who I like very much; however, heading into her 3rd year with the firm, she has gotten a bit comfortable with our laid back style of management.  Our situation is similar in many respects to the situation posted by the Chicago attorney. I would like to find out more about whether coaching…
In 2008 I purchased the Large Cargo Bag from Waterfield Designs. This was one of the best purchasing decisions that I ever made. As I wrote shortly after I received my bag, it is a wonderful well constructed bag. In fact, it’s what I carried everyday for almost 10 years. When you consider that, before buying the Waterfield, the longest a bag had ever lasted me was 18 months, the fact that the cargo lasted a decade is astounding. I still own my cargo. Honestly, it looks as good now as the day that I bought it. I really…
The Illinois Department of Agriculture posted the first of two anticipated frequently asked questions bulletins regarding the current process for the cannabis licensing process it is currently running for the Illinois craft grower, infuser, and transporter licenses available in the current round of cannabis licensing. You can find the full first FAQ on the licensing process for Illinois’s craft growers, infusers, and transporters here. You can find the link to the Department’s adult use cannabis craft grower, infuser and transporter applications and other materials hosted by the Illinois Department of Agriculture on their adult use cannabis site here.…
Luxottica Group S.p.A. v. The Partnerships & Unincorporated Assocs. Identified on Schedule “A,” No. 18 C 2188, Slip Op. (N.D. Ill. Jun. 4, 2019) (Gottschall, J.). Judge Gottschall denied plaintiff Luxottica’s motion for reconsideration that defendants were not properly served as to all but one defendant in this counterfeiting case involving Oakley sunglasses. Of particular note, the Court held as follows: Luxottica’s raised three factual issues: 1) that Alibaba, who hosted defendants stores, would not likely have given defendants’ addresses, 2) Luxottica received defendants’ addresses after filing the complaint, and 3) the names on the return addresses did not match…
There is no doubt that the trucking industry is a vital part of our American way of life. Just under 70 percent of all goods in the U.S are delivered via semi-trucks. However, these trucks also present a grave danger when they are not operated properly. A fully-loaded semi-truck, tractor-trailer, or eighteen-wheeler can weigh up to a staggering 80,000 lbs. When a large truck is involved in a motor vehicle accident, the damage can be catastrophic. One contributor to major truck accidents is truck driver drug and alcohol use. If you or a loved one were involved in a major…
Ever wonder how so many devices can operate together on a unified network like 4G or Wi-Fi? Ever stop to think about why you can send a selfie from your iPhone to someone else’s Galaxy halfway across the world without distorting your smile? Smartphones can operate together with other smartphones because hundreds of the inventions powering those smartphones are covered by Standard-Essential Patents (SEPs). And on Dec. 19, 2019, the United States Patent and Trademark Office (USPTO) joined the Department of Justice’s (DOJ) new policy permitting injunctive relief in SEP cases, giving SEP owners a lot more leverage when licensing…
This blog shall provide a brief summary of the status of the pending lawsuit related to the New Regulations issued by USCIS and effective November 21, 2019, as well as a status report on pending legislation. Needless to say, the market is in a confused state given the uncertainty of what will transpire going forward. As an industry, we are now dealing with the New Regulations which in effect eliminates non-TEA projects from the marketplace since it is very doubtful that investors will invest $1,800,000 to obtain a green card, especially given all the delay and extra costs being encountered…
Part 6: When Does Police Questioning Become Coercive? People v. Ramsey People v. Ramsey, 839 N.E.2d 1093 (4th Dist. 2005) began with reports of farmers who were complaining of a truck in the area possibly involved in methamphetamine production. A deputy stopped a truck in the area because it had a broken windshield. The deputy handed his driver’s license and proof of insurance to the officer through a vent-glass window because the driver’s side window could not be lowered.  The deputy wrote a warning ticket and returned to the truck. He then handed defendant his driver’s license and insurance card,…
  Tuesday, January 21, 2020     In Coldwater v. Village of Elwood, an appellate court upheld the dismissal of a lawsuit against the Village claiming that the Village’s annexation of property was invalid because the legal description included with the annexation ordinance was incorrect. The plaintiff had filed a lawsuit to nullify a corrected version of the annexation ordinance. The Village filed a motion to dismiss, claiming the lawsuit was filed too late because it was not within the one year statute of limitations in the Illinois Municipal Code (65 ILCS 5/7-1-46). The trial court agreed, and dismissed the…
Part 5: Do I Have To Give Police Consent To Search My Vehicle? The majority of roadside car searches are done without a warrant and without probable cause. How’s that possible you may ask? It’s possible because most people give police consent and permission to search their car. This post features many of the SCOUTS and Illinois case law that create the rules for police consent search of a vehicle. A consent search is completely voluntary. That means when an officers asks for your permission to search your car you always retain the right to refuse. You can choose to…
In this article, we will explain contesting an heirship in Illinois. Our Illinois lawyers will answer: What is heirship in Illinois? Who is an heir-at-law in Illinois? What is an affidavit of heirship in Illinois? Who can contest an heirship in Illinois? Are there assets an heirship cannot touch? What Is Heirship in Illinois? Heirship is the right of inheritance. In certain situations, heirship must be proven in Illinois by an affidavit to settle an estate, especially in cases where a will wasn’t executed by a decedent. Is an Heir the Same as a Beneficiary in Illinois? No. Though the…
We all get them … and we get them all the time … and we are all tired of them … and we all cuss them out! Many of those calls are illegal.   Some of the robocalls you may have agreed to receive when you signed up for certain services – like those reminders that your prescription needs to be refilled – and those are legal.  But the automated, unsolicited calls coming from other countries are finally getting some attention from the federal government. The dead heads in the House and Senate have finally agreed on something and adopted the…
Title VI Obligations School districts have an obligation under Title VI not to discriminate on the basis of race, color or national origin. They cannot intentionally discriminate – that is, for example, treat African-American students differently than white students on the basis of race – or engage in practices that have a disparate impact on students of a certain race without having a substantial legitimate justification necessary to its educational mission. In addition, school districts also have an obligation to address student-on-student harassment or discrimination.  Specifically, they must prevent or address any peer-to-peer racial harassment that is sufficiently serious as…
When parents are in the middle of a battle over the allocation of parental responsibilities, the state of affairs can be intense. In some cases, the parenting dispute can result in one parent taking the child without the consent and knowledge of the other parent or the court. Despite their status as a legal parent, this still qualifies as “kidnapping” or “child abduction” and can turn a civil case into a criminal case with harsh consequences for the offending parent. Child Abduction Kidnapping is a felony in Illinois, and a conviction can result in fines, probation and jail time.…
I am not sure about blog entry times for the next couple of weeks. Next week, I will be attending and speaking at the Accessibility Professionals Association conference in Round Rock, Texas. Sometime within the next two weeks, I will be testifying as an expert witness in a trial in Houston. So, not sure when or if blog entries will be posted over the next two weeks. Turning to today’s blog entry, the case of Babb v. Wilkie was recently argued before the United States Supreme Court. The legal blogosphere lit up when Justice Roberts as part of oral argument…