Sueros & Bebidas Rehidratantes, S.A. de C.V. et al. v. Palimex Distributors Inc. et al., No. 1:25-cv-02171, Slip Op. (N.D. Ill. Feb. 24, 2026) (Rowland, J.).Judge Rowland’s court received an agreed motion for entry of final judgment and permanent injunction in this gray market goods trademark infringement case involving Electrolit branded rehydration beverages.Plaintiff Sueros, the Mexican owner of the ELECTROLIT trademarks, and CAB Enterprises, the exclusive U.S. licensee, sued Palimex Distributors for importing and selling foreign-manufactured ELECTROLIT products not authorized for the U.S. market (“Unauthorized Electrolit”). The parties stipulated to detailed findings of fact and conclusions of law establishing that
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R. David Donoghue
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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Court Awards Full TRO Bond to Wrongfully Enjoined Defendants
Shenzhen Langmi Technology Co., Ltd. v. The Partnerships and Unincorporated Associations Identified on Schedule A, No. 25 C 1966, Slip Op. (N.D. Ill. Feb. 26, 2026) (Ellis, J.).Judge Ellis granted in part and denied in part Defendants’ motion to recover damages on a $10,000 TRO bond in this copyright infringement case involving cosmetic product packaging images. The Court found Defendants were entitled to recover the full $10,000 bond amount but refused to allow recovery in excess of the bond or award attorney’s fees.Plaintiff Langmi, a Chinese cosmetics company, sued thirty-six Amazon sellers for copyright infringement as Doe defendants, later narrowing…
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Illinois Customers Not Enough to Create Lanham Act Standing Without Illinois Injury
Specialty Publishing Company v. UDA Technologies, Inc., No. 1:25-cv-3873, Slip Op. (N.D. Ill. Jan. 13, 2026) (Coleman, J.).Judge Coleman granted Defendant UDA Technologies’ Fed. R. Civ. P. 12(b)(2) motion to dismiss for lack of personal jurisdiction in this trademark infringement case involving Plaintiff Specialty Publishing’s CONSTRUCTECH’S TOP PRODUCTS mark. Although the Court found Plaintiff sufficiently alleged that Defendant purposefully availed itself of Illinois through direct evidence of Illinois-based customers, the Court concluded that Specialty Publishing’s alleged injuries did not arise out of or relate to Defendant’s forum-based activities — a critical reminder that purposeful availment alone does not necessarily establish…
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AI for Attorneys: Risks & Rewards
On Thursday, May 28, 2026 from 1:00 p.m. to 4:00 p.m. the P. Michael Mahoney Chapter of the Federal Bar Association will host a complimentary CLE program titled “AI for Attorneys: Risks & Rewards”. The program will address opportunities and risks artificial intelligence presents to the legal profession. Panelists include:
- Maura R. Grossman, Research Professor at the University of Waterloo, Adjunct Professor of Law at York University, and Principal of Maura Grossman Law;
- Phil Favro, Founder and President of Favro Law PLLC; and
- Honorable Michael F. Iasparro, U.S. Magistrate Judge for the Northern District of Illinois.
The presentation will take place…
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MARCH 2026 RETAIL PATENT LITIGATION REPORT
NPEs continued their aggressive filing pace in March 2026, with several familiar names making repeat appearances. Activemap LLC led the charge with a dozen retailer defendants in a single filing wave in the Eastern District of Texas, while Induction Devices LLC targeted a mix of retailers and financial institutions. DataCloud Technologies, Nearby Systems, and Random Chat also remained active filers. The Eastern District of Texas continued to be the venue of choice for patent assertion entities targeting the retail sector.As usual, I prepared the report in partnership with and using Docket Navigator and its powerful database. Docket Navigator is a…
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Court Sets Evidentiary Hearing with Time Limits by Witness
BCD Technology Holdings, LLC et al. v. Paragon Micro, Inc. et al., No. 25 CV 6944, Slip Op. (N.D. Ill. Jan. 9, 2026) (Jenkins, J.).Judge Jenkins issued an order setting the framework for an evidentiary hearing on Plaintiffs’ preliminary injunction motion in this Defend Trade Secret Act and non-competition case. The Court gave 3.25 to 3.5 hours per side providing guidelines for the amount of time for each witness’s direct and cross exam.The Court also gave each party 25 minutes for argument after the witness testimony, and identified specific legal and factual issues the parties should address during argument. Those…
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Evidence That was Discoverable Before Summary Judgment Does Not Warrant Reconsideration
Hong Kong Leyuzhen Technology Co. Ltd. v. Floerns, No. 1:24-cv-02939 (N.D. Ill. Dec. 31, 2025) (Kennelly, J.).Judge Kennelly denied plaintiff’s Fed. R. Civ. P. 59(e) motion to reconsider an earlier summary judgment order that disposed of plaintiff’s copyright, Lanham Act, and state-law claims, emphasizing diligence and record consistency in post-judgment practice in this copyright dispute.The Court previously held that no reasonable factfinder could find valid ownership of the photos at issue because plaintiff lacked the required written agreement for “work made for hire,” overcoming the registration presumption.Plaintiff sought reconsideration with “newly discovered” evidence, including a declaration and a late-executed assignment.
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Court Finds That No Claim Term Requires Construction Beyond Plain & Ordinary Meaning
Seasonal Specialties, LLC v. Holiday Designs, LLC, No. 1:23-cv-14008 (N.D. Ill. Dec. 22, 2025) (Kness, J.).Judge Kness ruled on claim construction in a patent dispute over pre-lit Christmas tree lighting making clear the Court’s preference for plain and ordinary meaning where the intrinsic record resolved the parties’ disagreements without requiring any constructions. Applying Phillips and O2 Micro, the Court held no further construction was necessary for six disputed terms across two patents, including “an illumination element,” “a first switching circuit … a second switching circuit,” and “special lighting effect.” The court also rejected an indefiniteness challenge to “blinking” and “twinkling,”…
Continue Reading Court Finds That No Claim Term Requires Construction Beyond Plain & Ordinary Meaning
Court Construes Claim Terms for Hands-Free Breast Milk Pump
Dao Health v. Shenzhen Lutejiacheng Technology Co., Ltd., No. 23 C 4885 (N.D. Ill. Dec. 12, 2025) (Durkin, J.)Judge Durkin construed seven disputed terms across three patents involving a hands-free breast milk collection device and a related valve, rejecting indefiniteness challenges and clarifying several scope disputes in this patent matter.Of particular note, the Court held as follows:
- “External suction source” – Construed with reference to the reservoir, not the bra. The pump must be external to the reservoir’s internal volume but need not be external to the bra. The Court relied on the claim’s juxtaposition of “within” (for the adaptor)
…
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FEBRUARY 2026 RETAIL PATENT LITIGATION REPORT
NPEs remained active in February, with several cases targeting major retailers and their supply chains. Frequent filers included VDPP, AML IP, Andra Group, Piney Woods Mobility, Portus Singapore, DataCloud Technologies, and Calibrate Networks, among others.As usual, I prepared the report in partnership with and using Docket Navigator and its powerful database. Docket Navigator is a valuable resource, and the place to go if you want to keep track of new patent litigation filings or want to know what is happening in particular cases, how your judge has historically handled a particular type of motion, or a particular plaintiff’s litigation history.
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Inequitable Conduct Counterclaims Denied as Futile for Lacking Materiality
Dao Health v. Shenzhen Lutejiacheng Technology Co., Ltd., No. 23 C 4885 (N.D. Ill. Dec. 2, 2025) (Durkin, J.)Judge Durkin denied Shenzhen’s motion to amend to add inequitable conduct counterclaims, holding the proposed amendments were futile for failure to plead but-for materiality and specific intent under the Federal Circuit’s tightened Therasense standard.Shenzhen alleged omissions relating to inventorship for earlier patents and a certification issue for a later patent. The Court found no plausible allegations that the Patent Office would not have issued the patents but for the alleged misconduct. The proposed claims focused on purported pecuniary motives and presentation issues,…
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Court Dismisses Doe Defendants for Lack of Jurisdiction and Improper Joinder After Raising Issue Sua Sponte
Fendi S.R.L. v. Schedule A Defendants, No. 25 C 14553, (N.D. Ill. Dec. 8, 2025) (Coleman, J.)Judge Coleman dismissed Fendi’s Schedule A trademark/copyright complaint without prejudice for lack of specific personal jurisdiction and improper joinder after the Court raised the issues sua sponte.While not reaching the merits of Lanham Act or copyright claims, the Court’s jurisdictional and joinder holdings have immediate significance for Schedule A litigation. The Court reiterated that operating an interactive website alone does not suffice; plaintiffs typically must show at least one Illinois sale and shipment or equivalent purposeful availment tied to the forum. Joinder also faced…
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Sidebar with Judge Kim – Effective Motion Practice: Best Practices in Federal Court
On April 17, 2026, from 12:00 p.m. to 1:00 p.m., the Asian American Bar Association of Chicago (AABA Chicago) in collaboration with the U.S. District Court for the Northern District of Illinois, will host a complimentary webinar focusing on federal motion practice. This special program, part of the Sidebar with Judge Kim series, will feature an engaging discussion moderated by Judge Kim and an outstanding panel of Federal Judges including Hon. Manish Shah, Hon. LaShonda Hunt, and Hon. Heather McShain.This event offers attendees a unique opportunity to learn from experienced judges and gain a deeper understanding of motion practice. To register,…
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Chip Patent Claims Survive Alice Challenge
HFT Solutions, LLC v. Citadel Securities LLC, (N.D. Ill. Dec. 1, 2025) (Coleman, J.)Judge Coleman denied defendant Citadel’s Fed. R. Civ. P. 12(b)(6) motion to dismiss HFT’s patent case holding that the asserted field programmable gate array (FPGA)-based claims plausibly recite a specific technological improvement and are not directed to an abstract idea under Section 101. FPGAs are microchips that allow for rapid data processing by spreading computations across a chip with “massive fine-grained parallelism.”The asserted method and system claims, centered on FPGA architectures that use a phase-locked loop to synchronize clock signals and reduce latency. As an initial matter,…
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Asset Freeze Narrowed, but Preliminary Injunction Maintained in Online Copyright “Schedule A” Case
Innovation Indus., LLC v. The Schedule A P’ships, Slip. Op., No. 25 C 3157 (N.D. Ill. Oct. 24, 2025) (Bucklo, J.)Judge Bucklo granted in part a motion by appearing defendants to vacate a preliminary injunction entered in a “Schedule A” copyright case involving alleged copying of a staged product photo depicting a hummingbird feeder heater operating in freezing conditions. The Court reaffirmed the preliminary injunction (PI) but narrowed the related asset freeze to specific gross-revenue amounts attributable to listings using the infringing image.Regarding likelihood of success, the Court found prima facie validity based upon timely copyright registration in the absence…
Continue Reading Asset Freeze Narrowed, but Preliminary Injunction Maintained in Online Copyright “Schedule A” Case
JANUARY 2026 RETAIL PATENT LITIGATION REPORT
NPEs and patent holders continued targeting major retailers in January. Frequent filers included Patent Armory, Wolverine Barcode IP, Content Aware, Intellectual Ventures, VDPP, and Cedar Lane Technologies. Retailers across the spectrum—from big-box to specialty—found themselves named as defendants in infringement actions.As usual, I prepared the report in partnership with and using Docket Navigator and its powerful database. Docket Navigator is a valuable resource, and the place to go if you want to keep track of new patent litigation filings or want to know what is happening in particular cases, how your judge has historically handled a particular type of motion,…
Continue Reading JANUARY 2026 RETAIL PATENT LITIGATION REPORT
