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This case was last updated from PACER on 06/14/2021 at 07:24:34 (UTC).

Deal Genius, LLC v. O2COOL, LLC

Case Summary

On April 15, 2021, Deal Genius, LLC (“Deal Genius” or “Plaintiff”), represented by Ron N. Sklar and William Butler Berndt of Honigman LLP, filed an intellectual property lawsuit against O2Cool, LLC (“O2Cool” or “Defendant”), seeking declaratory relief with costs, for alleged non-infringement of ’524 patent by the Plaintiff. This case was filed in the U.S. District Court for the Northern District of Illinois with Judge Joan B. Gottschall presiding.

 

In its complaint, the Plaintiff alleged that “On March 22, 2021, Deal Genius received a notice from Amazon stating that O2Cool had filed a report with Amazon alleging that Deal Genius’s Simply Genius Personal Necklace Fan (“Deal Genius Fan”) infringes O2Cool’s U.S. Patent No. 7,828,524 (the “’524 Patent”). Amazon also indicated that failure to resolve this matter promptly “may result in removal of your offers or your Amazon.com selling privileges. The next day, March 23, 2021, Deal Genius received a similar notice from Walmart indicating that O2Cool alleged the Deal Genius Fan infringed O2Cool’s patent. Because of their large customer base, the ability to sell through these Third-Party Retailers is critical to Deal Genius’s business.”

 

The Plaintiff further alleged that “The Deal Genius Fan does not infringe the ’524 Patent as it does not have a strap connected to the device at one corner. The Deal Genius Fan does not infringe any claims of the ’524 Patent directly or indirectly, literally or under the doctrine of equivalents for at least the reason that it does not include a strap connected to one corner of the device, nor an equivalent thereof.” 

 

The Plaintiff even further alleged that “On information and belief, O2Cool knew or should have known that the Deal Genius Fan does not infringe the ’524 Patent. O2Cool intentionally approached Third-Party Retailers just prior to the warmer months when the Deal Genius Fan is expected to reach higher sales volumes, and alleged that the Deal Genius Fan infringes the ’524 even though it does not infringe. O2Cool’s conduct was egregious as exemplified by its attempt to improperly expand the scope of claim 1 of the ’524 Patent to cover a product that does not include a strap connected to one corner of the device, nor an equivalent thereof.” 

 

The Plaintiff also alleged that “All claims of the ’524 Patent are invalid under 35 U.S.C. § 112 at least because the following claim limitation is indefinite: “whereby said cooling device is constructed to receive air from the air inlet, said duct and said plurality of blades of said centrifugal flow impeller redirecting said air perpendicularly from said air inlet into said cavity in the direction of the resting plane, said duct further redirecting said air from the resting plane into the vertical plane for discharge of the air through the discharge opening to effectively cool the user.” 

 

There are two claims for relief laid down by the Plaintiff. The first claim is for alleged non-infringement of the ’524 patent. The second claim is for alleged invalidity of the ’524 patent.

 

In its prayer for relief, the Plaintiff has requested the court to declare that Deal Genius does not infringe any claim of the ’524 Patent; all claims of the ’524 are invalid; and award Deal Genius its costs, expenses and reasonable attorneys’ fees pursuant to 35 U.S.C. § 285. 

 

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Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    1:21-CV-02046

  • Filing Date:

    04/15/2021

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Intellectual Property - Patent

  • Court:

    U.S. District Courts

  • Courthouse:

    Illinois Northern District

Judge Details

Presiding Judge

Joan B. Gottschall

 

Party Details

Plaintiff and Counter Defendant

Deal Genius, LLC

Defendant and Counter Claimant

O2COOL, LLC

Attorney/Law Firm Details

Plaintiff and Counter Defendant Attorneys

William Butler Berndt

Attorney at Honigman LLP

155 N Wacker Drive, Suite 3100

Chicago, IL 60606

Ron N. Sklar

Attorney at Honigman LLP

One South Wacker Drive, Suite 2800

Chicago, IL 60606

Defendant and Counter Claimant Attorneys

Sartouk H. Moussavi

Attorney at Thompson Coburn LLP

55 East Monroe Street, 37Th Floor

Chicago, IL 60603

Michael Anthony Parks

Attorney at Thompson Coburn LLP

55 East Monroe Street

Chicago, IL 60603

 

Court Documents

#20

(#20) MINUTE entry before the Honorable Joan B. Gottschall: In response to defendant's motion to dismiss count II of the original complaint, plaintiff exercised its right, see Fed. R. Civ. P. 15(a)(1)(B), to amend count II. Plaintiff also filed a response to the pending motion to dismiss (No. #19 ) in which plaintiff states that it amended count II to avoid the cost of motion practice. Plaintiff maintains that count II of the original complaint satisfied federal pleading standards. Because the amendment alters count II, defendant's motion (No. #12 ) to dismiss count II of the original complaint is denied as moot. See Macklin v. Butler, 553 F.2d 525, 528 (7th Cir. 1977) (per curiam). Defendant has until and including 6/22/2021 to answer or otherwise plead to plaintiff's second amended complaint. A joint initial status report remains due on or before 6/18/2021.Mailed notice (mjc, ) (Entered: 06/08/2021)

#19

(#19) RESPONSE by Deal Genius, LLCin Opposition to MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant O2COOL, LLC #12 (Sklar, Ron) (Entered: 06/04/2021)

#18

(#18) ANSWER to counterclaim and affirmative defenses by Deal Genius, LLC(Sklar, Ron) (Entered: 06/03/2021)

17 #1

Exhibit A - U.S. Pat. No. 7,828,524

#17

(#17) AMENDED complaint by Deal Genius, LLC against O2COOL, LLC (Attachments: #1 Exhibit A - U.S. Pat. No. 7,828,524)(Sklar, Ron) (Entered: 06/03/2021)

#16

(#16) MINUTE entry before the Honorable Joan B. Gottschall: Defendant's motion (No. #12 ) to dismiss count II of plaintiff's complaint is briefed as follows: response due: 6/4/2021; reply due: 6/18/2021. Mailed notice (mjc, ) (Entered: 05/14/2021)

15 #1

Exhibit 1

#15

(#15) ANSWER to Complaint with Jury Demand , COUNTERCLAIM filed by O2COOL, LLC against Deal Genius, LLC [CORRECTED filing to replace ECF 13]. by O2COOL, LLC (Attachments: #1 Exhibit 1)(Parks, Michael) (Entered: 05/13/2021)

#12

(#12) MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant O2COOL, LLC (Parks, Michael) (Entered: 05/13/2021)

7 #1

Exhibit

#7

(#7) MAILED Patent report to Patent Trademark Office, Alexandria VA (Attachments: #1 Exhibit)(mc, ) (Entered: 04/16/2021)

#6

(#6) Notice of Claims Involving a Patent by Deal Genius, LLC (Sklar, Ron) (Entered: 04/15/2021)

#5

(#5) NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Deal Genius, LLC (Sklar, Ron) (Entered: 04/15/2021)

#4

(#4) ATTORNEY Appearance for Plaintiff Deal Genius, LLC by William Butler Berndt (Berndt, William) (Entered: 04/15/2021)

#3

(#3) ATTORNEY Appearance for Plaintiff Deal Genius, LLC by Ron N. Sklar (Sklar, Ron) (Entered: 04/15/2021)

#2

(#2) CIVIL Cover Sheet (Sklar, Ron) (Entered: 04/15/2021)

1 #1

Exhibit A - U.S. Pat. No. 7,828,524

#1

(#1) COMPLAINT filed by Deal Genius, LLC; Jury Demand. Filing fee $ 402, receipt number 0752-18131797. (Attachments: #1 Exhibit A - U.S. Pat. No. 7,828,524)(Sklar, Ron) (Entered: 04/15/2021)

18 More Documents Available
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Docket Entries

  • 06/08/2021
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  • Docket(#20) MINUTE entry before the Honorable Joan B. Gottschall: In response to defendant's motion to dismiss count II of the original complaint, plaintiff exercised its right, see Fed. R. Civ. P. 15(a)(1)(B), to amend count II. Plaintiff also filed a response to the pending motion to dismiss (No. #19 ) in which plaintiff states that it amended count II to avoid the cost of motion practice. Plaintiff maintains that count II of the original complaint satisfied federal pleading standards. Because the amendment alters count II, defendant's motion (No. #12 ) to dismiss count II of the original complaint is denied as moot. See Macklin v. Butler, 553 F.2d 525, 528 (7th Cir. 1977) (per curiam). Defendant has until and including 6/22/2021 to answer or otherwise plead to plaintiff's second amended complaint. A joint initial status report remains due on or before 6/18/2021.Mailed notice (mjc, ) (Entered: 06/08/2021)

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  • 06/04/2021
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  • Docket(#19) RESPONSE by Deal Genius, LLCin Opposition to MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant O2COOL, LLC #12 (Sklar, Ron) (Entered: 06/04/2021)

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  • 06/03/2021
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  • Docket(#18) ANSWER to counterclaim and affirmative defenses by Deal Genius, LLC(Sklar, Ron) (Entered: 06/03/2021)

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  • 06/03/2021
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  • Docket(#17) AMENDED complaint by Deal Genius, LLC against O2COOL, LLC (Attachments: #1 Exhibit A - U.S. Pat. No. 7,828,524)(Sklar, Ron) (Entered: 06/03/2021)

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  • 05/14/2021
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  • Docket(#16) MINUTE entry before the Honorable Joan B. Gottschall: Defendant's motion (No. #12 ) to dismiss count II of plaintiff's complaint is briefed as follows: response due: 6/4/2021; reply due: 6/18/2021. Mailed notice (mjc, ) (Entered: 05/14/2021)

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  • 05/13/2021
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  • Docket(#15) ANSWER to Complaint with Jury Demand , COUNTERCLAIM filed by O2COOL, LLC against Deal Genius, LLC [CORRECTED filing to replace ECF 13]. by O2COOL, LLC (Attachments: #1 Exhibit 1)(Parks, Michael) (Entered: 05/13/2021)

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  • 05/13/2021
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  • Docket(#14) LR 3.4 Notice of Claims Involving Patents by O2COOL, LLC (Parks, Michael) (Entered: 05/13/2021)

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  • 05/13/2021
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  • Docket(#13) ANSWER to Complaint with Jury Demand , COUNTERCLAIM filed by O2COOL, LLC against Deal Genius, LLC . by O2COOL, LLC (Attachments: #1 Exhibit 1)(Parks, Michael) (Entered: 05/13/2021)

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  • 05/13/2021
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  • Docket(#12) MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant O2COOL, LLC (Parks, Michael) (Entered: 05/13/2021)

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  • 05/13/2021
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  • Docket(#11) ATTORNEY Appearance for Defendant O2COOL, LLC by Sartouk H. Moussavi (Moussavi, Sartouk) (Entered: 05/13/2021)

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2 More Docket Entries
  • 04/19/2021
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  • Docket(#8) ORDER: An initial status report and, if appropriate, case management plan is due on or before June 18, 2021. The parties are directed to consult Judge Gottschall's website for specific requirements for all written status reports and for the discovery plans. In conformity with the Tenth Amended General Order 20-12 and due to the need for social distancing during the COVID-19 pandemic, this court is ordering written status reports instead of routine oral status hearings. This includes initial status hearings and scheduling conferences under Fed. R. Civ. P. 16(b). See Judge Gottschall's website for the procedure for requesting a hearing. No Rule 26(f) discovery plan should be submitted until all defendants have been served. If all defendants have not been served by the deadline for filing an initial status report, the report should so state and propose a deadline for filing a discovery plan. The parties are directed to discuss settlement and whether they consent to proceed before the Magistrate Judge. They are further directed to meet and confer regarding a proposed discovery plan. See Judge Gottschall's civil case management packet regarding pretrial case management procedures at: http://www.ilnd.uscourts.gov. Signed by the Honorable Joan B. Gottschall on 4/19/2021.Mailed notice(mjc, ) (Entered: 04/19/2021)

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  • 04/16/2021
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  • Docket(#7) MAILED Patent report to Patent Trademark Office, Alexandria VA (Attachments: #1 Exhibit)(mc, ) (Entered: 04/16/2021)

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  • 04/16/2021
  • DocketSUMMONS Issued as to Defendant O2COOL, LLC (crl, ) (Entered: 04/16/2021)

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  • 04/16/2021
  • DocketCASE ASSIGNED to the Honorable Joan B. Gottschall. Designated as Magistrate Judge the Honorable Jeffrey Cole. Case assignment: Random assignment. (as, ) (Entered: 04/16/2021)

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  • 04/15/2021
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  • Docket(#6) Notice of Claims Involving a Patent by Deal Genius, LLC (Sklar, Ron) (Entered: 04/15/2021)

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  • 04/15/2021
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  • Docket(#5) NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Deal Genius, LLC (Sklar, Ron) (Entered: 04/15/2021)

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  • 04/15/2021
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  • Docket(#4) ATTORNEY Appearance for Plaintiff Deal Genius, LLC by William Butler Berndt (Berndt, William) (Entered: 04/15/2021)

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  • 04/15/2021
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  • Docket(#3) ATTORNEY Appearance for Plaintiff Deal Genius, LLC by Ron N. Sklar (Sklar, Ron) (Entered: 04/15/2021)

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  • 04/15/2021
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  • Docket(#2) CIVIL Cover Sheet (Sklar, Ron) (Entered: 04/15/2021)

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  • 04/15/2021
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  • Docket(#1) COMPLAINT filed by Deal Genius, LLC; Jury Demand. Filing fee $ 402, receipt number 0752-18131797. (Attachments: #1 Exhibit A - U.S. Pat. No. 7,828,524)(Sklar, Ron) (Entered: 04/15/2021)

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