Chicago IP Litigation

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By: R. David Donoghue

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R. David Donoghue

Latest from Chicago IP Litigation

GZ Long Ya Trading Co., Ltd. v. The Partnerships and Unincorporated Associations Identified on Schedule A, No. 24-cv-4193, (N.D. Ill. Apr. 24, 2026) (Holleb Hotaling, Mag. J.).Magistrate Judge Holleb Hotaling granted plaintiff GZ Long Ya Trading’s motion for summary judgment and permanent injunctive relief against the remaining Schedule A defendant Tonchean, denied plaintiff’s request for attorneys’ fees, and ordered supplemental briefing on damages in this design patent infringement case involving U.S. Design Patent No. D986,339, directed to an ornamental design for a puzzle table.Of particular interest, the Court held:

  • Defendant failed to properly dispute plaintiff’s Local Rule 56.1 statement of

…
Continue Reading Design Patent Summary Judgment and Permanent Injunction Against Schedule A Defendant

Anderson Design Group, Inc. v. The Partnerships and Unincorporated Associations Identified on Schedule A, No. 25-cv-11640, (N.D. Ill. Apr. 24, 2026) (Rowland, J.).Judge Rowland held in abeyance the Group A Defendants’ motion to dismiss for misjoinder under Fed. R. Civ. P. 20(a)(2) and granted plaintiff Anderson Design Group 60 days of limited expedited discovery to probe relationships among the remaining Schedule A defendants in this copyright infringement Schedule A case.The Group A Defendants, the only remaining defendants, moved to dismiss for improper joinder, arguing they are unrelated and unaffiliated. While acknowledging that joint representation alone does not automatically imply coordination,…
Continue Reading Court Orders Limited Discovery Regarding Schedule A Defendant Coordination

On Thursday, September 17, 2026, from 3:00 p.m. – 4:00 p.m. CT, the Federal Bar Association Chicago Chapter and the United States District Court for the Northern District of Illinois will present Celebrating Hispanic Contributions to the Law, a complimentary CLE program honoring Hispanic Heritage Month.The in-person event will be held in the Ceremonial Courtroom of the Everett McKinley Dirksen United States Courthouse, 219 S. Dearborn Street, Chicago, IL 60604. The program offers 1 hour of Professional Responsibility/DEI CLE credit, pending approval, and attendees are invited to a reception immediately following the program.Highlights of the program include:

  • Hon. Rubén Castillo,

…
Continue Reading Celebrating Hispanic Contributions to the Law

AbbVie Inc. v. BeiGene, LTD., et al., No. 24-cv-8167, (N.D. Ill. May 12, 2026) (Cummings, J.).Judge Cummings denied defendants’ Fed. R. Civ. P. 12(b)(6) motion to dismiss AbbVie’s Defend Trade Secrets Act claim. AbbVie alleges that BeiGene lured former AbbVie Senior Research Scientist Dr. Huaqing Liu out of retirement to serve as Executive Director of BeiGene’s Department of Chemistry in order to gain access to AbbVie’s BTK degrader trade secrets. AbbVie further alleges that BeiGene then used those secrets to dramatically change the course of its own BTK degrader development, filing at least six patent applications containing designs that closely…
Continue Reading Court Denies Motion to Dismiss DTSA Claim Alleging Former Scientist Brought BTK Degrader Trade Secrets to Competitor

Chicago Cubs Baseball Club, LLC v. Dunican and Rooftop by the Firehouse, Inc. d/b/a Wrigley View Rooftop, No. 24-cv-05086, (N.D. Ill. May 1, 2026) (Coleman, J.).Judge Coleman denied defendants’ Fed. R. Civ. P. 12(c) motion for judgment on the pleadings as to the Cubs’ Lanham Act misappropriation and unjust enrichment claims.The Cubs alleged that defendants sold tickets to view Cubs games from their rooftop across the street from Wrigley Field after the Cubs informed defendants that their license to sell such tickets would not be renewed for the 2024 season. Despite that notice, defendants listed the Cubs’ schedule on their…
Continue Reading Cubs’ Misappropriation and Unjust Enrichment Claims Against Rooftop Survive Judgment on the Pleadings

McLellan v. Google LLC, No. 25 C 12761, (N.D. Ill. May 4, 2026) (Kennelly, J.).Judge Kennelly granted Google’s motion to transfer this patent infringement case to the Northern District of California pursuant to 28 U.S.C. § 1404(a) and left Google’s motion to dismiss for the transferee court.Plaintiff McLellan alleged that Google’s search engine infringed his patent on an algorithm for ranking search results based on the frequency that websites’ “promoters” perform twenty-eight “defined actions,” such as logging into or creating an account. McLellan resides in Delaware and had no meaningful ties to the Northern District of Illinois, weakening the deference…
Continue Reading Patent Case Transferred to Northern District of California Where Plaintiff Had No Illinois Ties

On August 27, 2026 from 2:00 p.m. – 5:00 p.m. CT, the Chicago Chapter of the Federal Bar Association and the Seventh Circuit Bar Association Pro Bono & Public Service Committee will host a free CLE event focused on effective settlement advocacy for pro se matters. The program will be held at the U.S. District Court for the Northern District of Illinois, 219 South Dearborn Street, Courtroom 2525.Topics will include:SAP Matters: Overview and the Volunteer Experience: Presented by J. Cunyon Gordon, Settlement Assistance Program Director, Chicago Lawyers’ Committee for Civil Rights, and Rami Fakhouri of Goldman Ismail Tomaselli Brennan &…
Continue Reading CLE: Effective Settlement Advocacy

On October 6, 2026, the Federal Circuit Bar Association will present its 2026 Bench & Bar® in Dialogue – Chicago CLE program at the University Club of Chicago, 76 E. Monroe Street, Chicago, IL 60603.  The CLE program aligns with the U.S. Court of Appeals for the Federal Circuit’s Court Week in Chicago.  The program will feature judges from the Federal Circuit, the U.S. Court of Appeals for the Seventh Circuit and the U.S. District Court for the Northern District of Illinois, as well as members of the legal and academic communities. I will also be speaking on Panel Two…
Continue Reading CLE: 2026 Bench & Bar® in Dialogue – Chicago

Sagent Pharmaceuticals v. Farco USA, LLC, et al., No. 25 C 14080, (N.D. Ill. May 5, 2026) (Kocoras, J.).Judge Kocoras granted in part and denied in part defendants’ partial Fed. R. Civ. P. 12(b)(6) motion to dismiss in this Defend Trade Secrets Act, Illinois trade secret, and breach of contract action. Sagent alleged that three former employees conspired with German pharmaceutical manufacturer FARCO-PHARMA to replace Sagent as the exclusive U.S. distributor for GLYDO, a lidocaine jelly product, by forming defendant Farco USA.The Court held that direct evidence of trade secret misappropriation is rare, and that Sagent’s allegations plausibly pled misappropriation…
Continue Reading Suspicious Downloads, Personal Email Forwarding, and Lies to Investigators Sufficient to Plead Trade Secret Misappropriation

On Thursday, August 13, 2026, at 12:00 p.m. Central, volunteer attorneys are invited to attend a Zoom orientation to learn more about the Hibbler Help Desk, a free resource for pro se litigants with cases in the Northern District of Illinois.The Uptown People’s Law Center (“UPLC”) coordinates the Hibbler Help Desk – a free, virtual resource designed to assist pro se litigants navigate federal court – for the Northern District of Illinois.Volunteers provide unrepresented litigants practical guidance on procedures and rules as their case proceeds through the Northern District.  The Hibbler Help Desk requires no specific subject matter expertise beyond…
Continue Reading Learn more about volunteering with the Hibbler Help Desk

Art Akiane, LLC v. Art & SoulWorks LLC et al., No. 1:19-CV-02952, Slip Op. (N.D. Ill. Mar. 31, 2026) (Chang, J.).Judge Chang resolved numerous claims and defenses arising from the breakdown of a nearly two-decade-long licensing relationship between artist Akiane Kramarik’s licensing entity (Art Akiane) and her former retailer (Art & Soulworks). The Court granted Fed. R. Civ. P. 56 partial summary judgment to both sides on various issues while sending most disputed claims to trial, and denied Art Akiane’s motion to hold Defendants in contempt of a prior preliminary injunction (PI).Under a licensing agreement first executed in 2008 and…
Continue Reading Court Enters Partial Summary Judgment on Copyright, Lanham Act, and DMCA Claims Arising from Breakdown of Art Licensing Relationship

Collectanea J. Limited v. The Partnerships and Unincorporated Associations Identified on Schedule “A”, No. 25 C 4839, Slip Op. (N.D. Ill. Mar. 31, 2026) (Kocoras, J.).Judge Kocoras granted nonparty eBay’s motion to modify the preliminary injunction (PI) in this Schedule A trademark and copyright infringement case, dissolving the PI against all 252 defendants after finding improper joinder under Fed. R. Civ. P. 20.Collectanea, a Hong Kong corporation, filed suit against 252 defendant-seller accounts across Amazon, eBay, and other platforms, alleging infringement of its BEADNOVA trademark and copyrights. The Court granted an ex parte temporary restraining order (TRO) and later a…
Continue Reading Preliminary Injunction Dissolved Against 252 Improperly Joined Defendants in Schedule A Counterfeiting Case

Feng v. Kitsure-BJT, No. 25 CV 9209, Slip Op. (N.D. Ill. Mar. 26, 2026) (Shah, J.).Judge Shah denied Defendant Kitsure-BJT’s Fed. R. Civ. P 12(b)(6) motion to dismiss in this design patent infringement case involving sink caddy products sold on Amazon.Plaintiff Liu Feng, a Chinese limited company, owns U.S. Design Patent No. 1,038,566 for “[t]he ornamental design for a sink caddy,” registered August 6, 2024. Feng alleged that Kitsure-BJT’s competing sink caddy product infringes its patent. Kitsure moved to dismiss, arguing that the products were “plainly dissimilar” as a matter of law, primarily pointing to its product’s “bidirectional grid of…
Continue Reading Design Patent Infringement Claim for Sink Caddy Survives Motion to Dismiss

The U.S. Court of Appeals for the Federal Circuit has announced that it will sit in Chicago during its October 2026 session. The Court will also convene its regular session in Washington, D.C.Panels of the court will hear arguments at the federal courthouse and at the following Chicago-area law schools from Monday, October 5 through Thursday, October 8, 2026:October 5, 2026DePaul University College of LawNorthwestern University Pritzker School of LawOctober 6, 2026Chicago-Kent College of LawUniversity of Illinois Chicago School of LawOctober 7, 2026Loyola University Chicago School of LawUniversity of Chicago Law SchoolOctober 8, 2026 (two panels)United States Court of Appeals…
Continue Reading Federal Circuit Schedules October 2026 Session for Chicago

Encore Packaging, LLC v. Benchmark Industrial Inc., No. 25 C 6865, Slip Op. (N.D. Ill. Mar. 19, 2026) (Durkin, J.).Judge Durkin denied Defendant Benchmark Industrial’s Fed. R. Civ. P. 12(b)(2) motion to dismiss for lack of personal jurisdiction in this case involving claims for copyright infringement, trade secret misappropriation, and breach of contract arising from a failed business relationship between an Illinois packaging manufacturer and an Ohio packaging supplier.Encore Packaging alleged that Benchmark approached it with a proposal to design and manufacture paper dispensing units for Amazon’s transition to recyclable packaging. Encore further alleged that Benchmark repeatedly sent employees to…
Continue Reading Repeated Visits and Payments to Illinois Establish Personal Jurisdiction

On August 4, 2026 from 9:00 a.m. to 2:00 p.m. the Northern District of Illinois and the American Red Cross will host a blood drive at the Dirksen Federal Courthouse. This is a great opportunity to make a difference. Your donation will provide life-saving blood to those in need.Appointments are encouraged but walk-ins are welcomed.  For an appointment call 1-800-RED CROSS (1-800-733-2767) or visit RedCrossBlood.org and use the sponsor code: USDistrictCourtDonors can save time on the day of their appointment by completing RapidPass before arriving. Visit RedCrossBlood.org/RapidPass for more information.Donors are required to bring a photo ID or your blood…
Continue Reading Northern District of Illinois is Hosting a Blood Drive