Litigation

Representative Intellectual Property Litigation

• North American Herb and Spice Co. Ltd. LLC v. Pages of Purpose LLC, 1:20-cv-1077-EEB-DMW (N.D. Ill.) (counterfeiting action against alleged purveyor of counterfeit dietary supplements);
• North American Herb and Spice Co. Ltd. LLC v. Andromeda, 1:20-cv-1934-MMR-SIS (N.D. Ill.)(action alleging infringement of trademarks used in connection with the marketing and sale of dietary supplements)
• Laura A. Miller v. The French Pastry School LLC et al., Civil Action No. 1:18-cv-4738-EEC-YBK (N.D. Ill.) (action seeking declaratory judgments of authorship, copyright ownership, and copyright infringement and defending against breach of contract, conversion, and other related claims);
• Chen v. Vector Trading, LLC, Civil Action No. 1:19-cv-3985-EEC-JIC (N.D. Ill.) (action for trade secret misappropriation, conversion, invasion of privacy, and violation of the Computer Fraud and Abuse Act based upon alleged theft of computer source code relating to valuable algorithms for trading financial securities);
• Spirit Tea LLC v. Utopia Oriental, Inc., 2:19-cv-5337-DMG-FFM (C.D. Cal.) (action for trademark infringement and false designation of origin based upon alleged likelihood of consumer confusion between SPIRIT TEA and SPIRITEA marks);
• Mister Twister, LLC v. The Partnerships and Unincorporated Associations Identified on Schedule "A", 1:19-cv-5091 (HDL)(SRH)(N.D. Ill.)
• Roche Palo Alto, LLC et al. v. Lupin Limited et al., Civil Action No. 1:10-cv-3561-ES-CLW (D.N.J.) (patent infringement action concerning pharmaceutical formulation and method of use patents relating to the drug Ranexa® (ranolazine) used to treat angina);
• Umbanet, Inc. v. Epsilon Data Management, LLC, 2:15-CV-682-JRG (E.D. Tex.) (patent infringement action concerning patent directed to novel software);
• Schering Corp. v. Apotex, Inc., Civil Action No. 2:09-cv-6373-PGS-TJB (D.N.J.) (patent infringement action concerning polymorph patent directed to the active pharmaceutical ingredient in the drug Nasonex® (mometasone furoate) used to treat nasal symptoms such as congestion, sneezing, and runny nose caused by allergies);
• Allergan, Inc. v. Lupin Limited et al., Civil Action No. 1:11-cv-441-MHS (E.D. Tex.) (patent infringement action concerning pharmaceutical formulation and method of use patents relating to glaucoma drug Lumigan®, 0.01% (bimatoprost));
• Janssen Prods., L.P. et al. v. Lupin Limited et al., Civil Action No. 1:10-cv-5954-WHW-CLW (D.N.J.) (patent infringement action concerning patent directed to a process for making the anti-HIV drug Prezista® (darunavir));
• The Johns Hopkins University v. Alcon Laboratories, Inc. et al., Civil Action No. 1:15-cv-525-SLR-SRF (D. Del.) (patent infringement action concerning patent directed to the use of small-gauge ophthalmic surgical instruments);
• Human Sciences HC Ltd. v. FedEx Corp. et al., 1:17-cv-2462-JPM (W.D. Tenn.) (patent infringement action concerning patents directed to monitoring and tracking technology);
• Pamlab v. Andapharm et al., Civil Action No. 1:07-cv-2546-WDM-BNB (D. Col.) (patent infringement action concerning formulation patent relating to Foltx® (folic acid, vitamin B₁₂, and vitamin B₆), a medical food for the dietary management of hyperhomocysteinemia);
• Enzon Pharmaceuticals Inc. v. Phoenix Pharmacologics, Civil Action No. 1:04-cv-1285-GMS (D. Del.) (inventorship/patent ownership dispute concerning patent directed to a PEGylated form of the enzyme arginine deiminase);
• GlaxoSmithKline Inc. v. Teva Pharms. et al., Civil Action No. 1:02-cv-492-GMS (D. Del.) (patent infringement action concerning pharmaceutical formulation and method of use patents relating to the drug Zofran® (ondansetron) used to prevent nausea and vomiting resulting from anti-cancer treatments);
• T-Rex Property AB v. ContextMedia Inc. et al., No. 1:16-cv-04826-ARW (N.D. Ill.) (patent infringement action concerning patents directed to software technology underlying digital signage network);
• Daiichi Sankyo Inc. et al. v. Apotex, Inc., Civil Action No. 1:03-cv-937-SDW-MCA (D.N.J.) (patent infringement action concerning method of use patent relating to the drug Floxin Otic® (ofloxacin), an anti-infective agent intended for topical otic use);
• WM. Wrigley Jr. Co. v. Cadbury Adams USA LLC, Civil Action No. 1:04-cv-0346-RMD-MD (N.D. Ill.) (patent infringement action concerning patent directed to chewing gum composition containing physiological cooling agents).

Representative Cases Before the Trademark Trial and Appeal Board

• Spirit Tea LLC v. Utopia Oriental, Inc., Opposition No. 91246475 (filed February 19, 2019);
• Bella + Canvas, LLC v. Artcanvas Inc., Opposition No. 91246156 (filed January 31, 2019).

Representative Complex Civil Litigation Not Involving Intellectual Property Issues

• Continental Materials Corp. v. Valco, Inc., 1:14-cv-2510-RPM (D. Col.) (action alleging breach of contract and unjust enrichment due to partial failure of consideration; specifically, as alleged by Plaintiff, the leased land contained less sand and gravel reserves than the 50 million tons that the parties originally contemplated);
• City of Joliet v. New West et al., Appeal No. 18-1787 (7^th Cir.) (appeal of order transferring reserve funds contributed by clients, totaling over $2.7 million, to new owner of Section 8 project housing);
• Executive Affiliates, Inc. et al. v. The Rockwood Co. et al., Case No. 2018CH08379 (Cir. Crt. Cook Cnty., Ill., Chancery Div.) (action alleging breach of fiduciary duty, constructive fraud, fraudulent misrepresentation, and negligence, based upon alleged scheme to defraud plaintiff out of approximately $11.5 million under the pretense that such monies were owed as insurance premiums and for insurance-related services);
• MB Financial Bank, N.A. et al. v. Weber (Treasurer and ex-officio County Collector for Will County, Illinois), Case No. 18MR2346 (Cir. Crt. of the Twelfth Judicial Circuit, Will Cnty., Illinois) (action to recover over $6.3 million in over-paid property taxes);
• MRR Prop. Acquisition, LLC v. Fitz 223, LLC, Case No. 2016CH12240 (Cir. Crt. Cook Cnty., Ill., Chancery Div.) (action for specific performance to require exercising of an option to purchase certain valuable property located at 219-233 West Ontario Street in Chicago and convey title in that property to plaintiff);
• Hermany v. Hermany, Case No. 2019 CH 03347 (Cir. Crt. Cook Cnty., Ill., Chancery Div.) (action for breach of post-nuptial agreement brought by former Chief of North America Operations at Starwood Hotels and Resorts Worldwide, LLC against his spouse).

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