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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On Thursday, April 20, 2023 from 11:00 a.m. to 12:00 p.m. CT, the Intellectual Property Law Association of Chicago (“IPLAC”) and the International Relations Committee will host EPO attorney Alexander Korenberg, Partner at Kilburn & Strode LLP. Alexander will share his insights on technical effect in the EPO, and how it relates to patenting Artificial Intelligence (AI) inventions.

This event is $15 for Members and $45 for Non-Members.  Please register by clicking here.
Continue Reading CLE:  Technical Effect Is All You Need – Patenting Software and Artificial Intelligence (AI) At the European Patent Office (EPO)

On Tuesday, January 24, 2023, from 12:00 p.m. to 1:00 p.m. CT, the Intellectual Property Law Association of Chicago (“IPLAC”) is hosting a panel discussion focusing on the complexities and nuances of trade secrets damages.  The panel is moderated by Timothy Oliver, Grogan, Hesse & Uditsky.  Panel members include:

  • John Bone, CPA, Managing Director, Stout; and
  • David Duski, Principal, Charles River Associates

The virtual event is free for IPLAC Members and $15.00 for Non-Members.  Click here to register. 
Continue Reading Damages for Trade Secret Misappropriation

Congratulations to Judge Feinerman who has decided to retire from the federal bench and return to private practice at the end of the year. His thoughtful analysis, kind demeanor and thorough, well-reasoned opinions will be missed.
Judge Feinerman’s move will create a third vacancy on the Northern District of Illinois bench. The others were created when Judge Norgle took inactive senior status in October and when Judge Dow left the bench to become counselor to Chief Justice Roberts.
Continue Reading Judge Feinerman Returning to Private Practice

Congratulations to Judge Dow. He left the Northern District bench to become Counselor to Chief Justice Roberts. As Counselor, Judge Dow will focus on “Court-wide policies and initiatives” and “matters of judicial administration.” Our local loss is the country’s game. Anyone who has appeared before Judge Dow knows that he is exceptionally bright and hard working. No doubt those traits will benefit him and the Supreme Court in his new role.
Continue Reading Judge Dow Leaves Federal Bench to Become Chief Judge Roberts’ Counselor

NPE activity sped up in June. Frequent filers included Advanced Transactions, Buffalo Patents, Cedar Lane Technologies, Locket IP, Lexos Media, M4siz, RFCyber, and Savannah Licensing.
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. Finally, please let me know if you have thoughts…
Continue Reading JUNE 2022 RETAIL PATENT LITIGATION REPORT

NPEs started their summer vacation early with a relatively light May. Frequent filers included Bassfield IP, Cedar Lane Technologies, Consolidated Transaction Processing, DataQuill, Digital Verification Systems, eCeipt, Lexos Media, Noblewood IP, NorthStar Systems, and Route Guidance Systems.
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…
Continue Reading MAY 2022 RETAIL PATENT LITIGATION REPORT

April showed a slight uptick as NPEs typically do during the beginning of the second quarter, although not a substantial increase. Frequent filers included Aperture Net, Cedar Lane Technologies, Digi Portal, Display Technologies, Internet Media Interactive, R2 Solutions, Sockeye Licensing and Transcend Shipping Systems.
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…
Continue Reading APRIL 2022 RETAIL PATENT LITIGATION REPORT

March was the busiest month of the first quarter. Frequent filers included Cedar Lane Technologies, Digi Portal, Implicit, Internet Media Interactive, Liberty Peak Ventures, Linfo IP, mCom IP, Noblewood IP, and Recog IP.
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. Finally,…
Continue Reading MARCH 2022 RETAIL PATENT LITIGATION REPORT

By Dinis Cheian on October 21, 2022
The following article by Dinis Cheian is an interesting analysis of patent extension calculation errors that Cheian claims to have found in the Patent Office’s software. I thought Chicago IP Blog readers would find it interesting.
The Patent Office’s software is miscalculating the expiration extensions of some patents. Typically, a patent expires twenty years after the filing of the underlying application. However, the Patent Office extends patent terms to compensate for certain delays in processing applications. This extension is known as PTA. By default, the PTA is automatically calculated by a computer program…
Continue Reading Patent litigators and patent lawyers representing generic pharmaceutical companies should be on the lookout for Patent Office’s PTA calculation mistakes

February saw a slight increase over January as the NPE’s warmed into Q1. Frequent filers included Cedar Lane Technologies, Digi Portal, Internet Media Interactive, Linfo IP, M4siz, Noblewood IP, Swirlate, and Transcend Shipping Systems.
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.
Continue Reading FEBRUARY 2022 RETAIL PATENT LITIGATION REPORT

As usual, the NPE’s were active in January after an extended holiday break. Frequent filers included Bassfield IP, Cedar Lane Technologies, Digi Portal, Estech Systems IP, Internet Media Interactive, and Linfo IP.
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.  Finally, please…
Continue Reading JANUARY 2022 RETAIL PATENT LITIGATION REPORT

H-D USA, LLC v. Partnerships & Unincorporated Assocs., No. 21 C 496, Slip Op. (N.D. Ill. Mar. 14, 2022) (Tharp, J.).

Judge Tharp granted plaintiff Harley Davidson’s Fed. R. Civ. P. 12(b)(6) motion to dismiss defendant’s first counterlcaim and granted in part its motion to dismiss affirmative defenses in this trademark dispute involving HARLEY DAVIDSON marks.

Defendants’ counterclaims were a bare list of legal conclusions without any supporting facts. The Court, therefore, dismissed them. Similarly, defendants’ statute of limitations, laches, estoppel, and implied license affirmative defenses were bare recitations of the law. The Court, therefore, dismissed them. Defendants’ non-counterfeit and…
Continue Reading Claims and Affirmative Defenses Must be More than Bare Bones Allegations

As usual, the NPEs slowed down as the holidays approached. Frequent filers included Bassfield IP, Cascades Branding, Cedar Lane, GreatGigz, and Recog IP.
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.  Finally, please let me know if you have thoughts about the…
Continue Reading DECEMEBR 2021 RETAIL PATENT LITIGATION REPORT

As usual, the NPEs slowed down as the holidays approached. Frequent filers included Bassfield IP, Cascades Branding, Cedar Lane, GreatGigz, and Recog IP.
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.  Finally, please let me know if you have thoughts about the…
Continue Reading DECEMBER 2021 RETAIL PATENT LITIGATION REPORT

Nulogy Corp. v. Menasha Packaging Co. LLC, No. 21 C 1164, Slip Op. (N.D. Ill. Mar. 10, 2022) (Rowland, J.).
Judge Rowland granted defendant Menasha’s motion to dismiss for forum non conveniens and denied defendant Deloitte’s as moot in this trade secret action involving supply chain software.
The parties Agreement had a forum selection clause mandating that Canadian law governed and that any action related to the Agreement be brought in Toronto. While Nulogy’s claims are based in trade secret, not upon the Agreement, the forum selection clause still governed. The Supreme Court requires that forum selection clauses be read…
Continue Reading Trade Secret Plaintiff Cannot Avoid Forum Selection Clause by Dividing Claims

After a break, I am back at the monthly patent litigation reports starting with catching up on some of the backlog. As usual, the NPEs slowed down as the holidays approached. Frequent filers included Aperture Net, Digi Portal, and Social Positioning Input Systems.
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…
Continue Reading NOVEMBER 2021 RETAIL PATENT LITIGATION REPORT