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.

Blog Authors

Latest from R. David Donoghue

ABC Corp. I v. Partnership & Unincorporated Assocs. Identified on Sched. A, No. 1:20 cv 4806, Slip Op. (N.D. Ill. Sept. 4, 2020) (Seeger, J.). Having previously issued a show cause order, Judge Seeger granted plaintiff leave to file an amended complaint in this patent dispute naming the plaintiff, or the case would be dismissed for improperly filing as an anonymous plaintiff. While Fed. R. Civ. Pro. 10(a) allows a plaintiff to file anonymously in exceptional circumstances and with leave of court, those circumstances include protecting state secrets, trade secrets or victims of abuse, not patent infringement. Plaintiff’s theory “seemed…
Chief Judge Pallmeyer opted for an abbreviated format for her sixth amended COVID General Order issued, Friday, September 4. That is presumably because the order is simpler than it was at the outset of the pandemic. There are no blanket case extension. The General Order basically extends provisions limiting courthouse access to wha tis necessary. Specifically, the General Order requires: No Local Rule 5.2(f) Courtesy Copies — Absent case-specific requests, Local Rule 5.2(f) requiring paper courtesy copies of many filings is suspended. In fact, “[n]o courtesy copies may be submitted . . . unless the parties receive case-specific requests for…
The UIC John Marshall Law School’s Center for Intellectual Property, Information & Privacy is hosting a virtual seminar along with the Institute for Intellectual Property & Social Justice on Friday, September 11, 2020 from 7:40am – 3:00pm CT focused on IP issues in the midst of the pandemic. The speaker list is impressive, headlined by the Federal Circuit’s Judge Linn and Judge Michel (Ret.). The conference promises to be unique and thought provoking. You can register here.…
April patent filings showed the typical recessionary increase, as the NPEs crank up activity in a rough economy. Frequent filers included Cedar Lane, Coding Technologies, Communication Interface Technologies, Electronic Receipts Delivery Systems, Location Based Services, and Symbology. 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…
March patent filings were relatively low. The NPEs also had to shelter in place for a bit before starting the typical recessionary increase in patent filings. Frequent filers included Cedar Lane, Coding Technologies, Internet Media Interactive, Landmark Technology, Rothschild, and Symbology. 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…
NPEs slowed down in early February, but picked back up later in the month ahead of the pandemic. Frequent filers included Aeritas, Browse3D, Cedar Lane, Coding Technologies, Encoditech, Internet Media Interactive, Landmark Technology, Reflection Code, and Rothschild. 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…
January 2020 was a typical start to a new year. NPEs started out slow and built up filings in the back half of the month. Frequent filers included Coding Technologies, Encoditech, Internet Media Interactive, Reflection Code, S3G and Symbology Innovations. 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,…
NPEs were surprisingly active to end the fourth quarter. Frequent filers included Blackbird Technologies, Blueprint IP Solutions, Cedar Lane Technologies, Coding Technologies, Electronic Receipts Delivery Systems, Internet Media Interactive, Landmark Technology, Pebble Tide, Scanning Technologies Innovations, and Universal Ciphers. 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…
Judges Wood & Pallmeyer issued a joint order requiring that everyone in public spaces of the Northern District and Seventh Circuit wear face masks or coverings. The order includes all public spaces including the lobby, elevators, restrooms, public corridors and also courtrooms, absent direction otherwise from the presiding judge. The mask must cover both the nose and the mouth. The only exception to this order is for people with documentation stating that they are unable to wear a mask or face covering for medical reasons.…
Yesterday, Tuesday, May 26, Chief Judge Pallmeyer entered a Fourth Amended General Order updating the first three (which extended all civil deadlines 28 days, an additional 21 days and 28 more days, for 77 total days) and further addressing the “Coronavirus COVID-19 public Emergency.” The fourth amended order did not grant any additional blanket extensions. The Court did suspend jury trials until after August 3, 2020. And, absent contrary directions from a specific judge, suspended courtesy copy requirements through July 15, 2020. Judges are free to hold hearings, bench trials and settlement conferences, although they should only be in-person…
On Friday, April 24, Chief Judge Pallmeyer entered a Third Amended General Order updating the first two (which extended all civil deadlines 21 days and than an additional 28 days, respectively) and further addressing the “Coronavirus COVID-19 public Emergency.” Beyond setting out the further extension and addressing hearings, settlement conferences and trials, the biggest change in the third general order is the paragraph 5 requirement that for any case in which no docket entry or order has been posted by the assigned judge since March 16 (unless the assigned judge’s webpage instructs otherwise), the parties file a joint written…
Everite Transworld Ltd. v. MIEH, Inc., No. 19 C 678, Slip Op. (N.D. Ill. Feb. 24, 2020) (Rowland, J.) Judge Rowland granted in part plaintiffs’ Fed. R. Civ. P. 12(b)(6) motion to dismiss defendant MIEH’s counterclaims for tortious interference and civil conspiracy in this patent dispute involving toy vehicles that travel through tubes. MIEH did not meet its Fed. R. Civ. P. 9(b) heightened pleading requirement for its civil conspiracy claim. First, the Court disregarded statements that MIEH did not allege to be false. And the remaining statements, even if they were false, were made after the parties executed the…
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 made its own product and  it could not prove that it had the manufacturing and marketing capabilities to exploit the demand for Brainlab’s product. Neurografix did offer some evidence of plans to offer a competing service, but the plans were no more than speculative. For example,…
FameFlynet, Inc. v. Jasmine Enters. Inc., No. 17 C 4749, Slip Op. (N.D. Ill. Aug. 8, 2019) (Durkin, J.) Judge Durkin granted plaintiff FameFlynet’s motions for attorney’s fees as the prevailing party in this copyright dispute involving celebrity wedding photos, and granted in part defendant Jasmine’s motion to strike FameFlynet’s motion. Upon learning of FameFlynet’s allegations that Jasmine breached FameFlynet’s copyrights by posting FameFlynet’s images online, Jasmine took down the images. Additionally, at the outset of the case, the parties came to within $1,000 of settling, with FameFlynet demanding $16,000 and Jasmine countering at $15,000. Despite that, the case proceeded…
On Thursday, April 23, 2020 from 12:00 – 1:15pm CT, the Federal Bar Association is hosting a virtual CLE with three of the Northern District’s newest district judges: Martha M. Pacold Mary M. Rowland Steven C. Seeger The panel will be moderated by retired Chief Judge Ruben Castillo. In addition to comments on written and oral advocacy, the program promises question and answer sessions with the judges. Click here to register.  …
Black & Decker Inc. v. Positec USA Inc., No. 13 C 3075, Slip Op. (N.D. Ill. Feb. 20, 2020) (Gottschall, J.) Judge Gottschall denied defendants’ (collectively “Positec”) Fed. R. Civ. P. 56 motion for summary judgment of invalidity and granted it as to noninfringement in this patent case involving string trimmers, commonly known as weed-whackers. The Court did not rely upon plaintiff Black & Decker’s expert opinion regarding infringement because it solely provided conclusions without explanation or detail. The Court also refused to reconsider the meaning of “planar” in the claims. But Positec’s invalidity expert opinion was sufficient to create…