Judge: Chad Everingham
Holding: Motion to Dismiss GRANTED in part and DENIED in part
Lots of holdings in this opinion by Judge Everingham in a case which involves allegations that the defendants infringed patents, violated the Illinois Trade Secrets Act, breached a contract, committed common law fraud, and engaged in unfair restraint of trade.
The Court held that the complaint adequately stated claims of joint enterprise liability, was sufficient to state a claim for patent infringement (in part because the court had not yet construed the relevant terms), and was sufficient to state a claim under the ITSA as well as for unfair competition. Judge Everingham granted the motion to dismiss the breach of contract claim against all but one defendant, as well as the fraud claims, holding that they were preempted by the ITSA. Finally, the plaintiff admitted that it inadvertently forgot to include claims against three of the named defendants and sought and was granted leave to replead to fix that.
