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This case was last updated from PACER on 04/23/2021 at 08:09:25 (UTC).

Oil-Dri Corporation of America v. AMCOL International Corp.

Case Summary

On February 22, 2021, Oil-Dri Corporation of America (“Oil-Dri”), represented by Binal J. Patel and Matthew P. Becker of Banner & Witcoff, Ltd., filed an intellectual property lawsuit against AMCOL International Corp. which does business as American Colloid Company and MTI Metalcasting, (“AMCOL”), seeking injunctive relief and damages with prejudgment and post judgment interest for AMCOL’s allegedly continued infringement of Oil-Dri’s U.S. Patent No. 9,439,393 (the “’393 patent”), entitled “Cat Litter Product.” This case was filed in U.S. District Court in the Northern District of Illinois with Judge John Z. Lee presiding.

 

In its complaint, Oil-Dri alleged that “without Oil-Dri’s authorization, AMCOL has made, used, offered for sale, and/or sold in the United States cat litter products, including lightweight, clumping cat litters, that practice one or more the claimed inventions of the ’393 patent.” Oil Dri further alleged upon information and belief that “AMCOL has sold and offered for sale, and continues to sell and offer for sale, lightweight, clumping cat litter products to third party retailers, including Chewy, Petsmart, Petco, Pet Supplies Plus and Walmart, who operate interactive websites that allow individuals in this District to purchase infringing cat litters for shipment in this District.”

 

On the basis these claims, Oil-Dri alleged that “AMCOL has infringed, and continues to infringe, the ’393 patent by making, using, offering to sell, and/or selling at least its infringing cat litter products in this District and elsewhere in the United States without the consent or authorization of Oil-Dri”. Oil-Dri also alleged that “AMCOL’s infringement of the ’393 patent has been willful, intentional, and deliberate, at least as of November 18, 2019, when Oil-Dri provided notice of infringement of the ’393 patent. AMCOL knew or should have known that continuing to make, use, offer to sell, and sell the Infringing Cat Litter in the United States would directly infringe the ’393 patent, yet AMCOL continued to infringe the ’393 patent.”

 

In the only claim for relief laid down by Oil-Dri for the alleged infringement of US Patent No. 9,439,393, Oil-Dri alleged that AMCOL’s cat litter that infringed at least claims 1 and 10 of the ‘393 patent is a composition having a mixture of sodium bentonite and one or more granular filler materials and one or more cellulose-containing materials.

 

In its prayer Oil-Dri requested the court to adjudge that AMCOL has infringed the ’393 patent by making, using, offering to sell, and/or selling infringing cat litter in the United States and thereby to pass an order for permanent injunction against AMCOL and its affiliates, officers, agents, employees, attorneys, and all other persons acting in concert with AMCOL, and to require AMCOL to pay Oil-Dri damages adequate to compensate Oil-Dri for AMCOL’s alleged infringements of the ’393 patent pursuant to 35 U.S.C. § 284, including increased damages up to three times the amount found or assessed pursuant to 35 U.S.C. § 284 in addition to an award for supplemental damages or profits for any continuing post-verdict infringement with prejudgment and postjudgment interests and costs of litigation. 

 

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Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    1:21-CV-00991

  • Filing Date:

    02/22/2021

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Intellectual Property - Patent

  • Court:

    U.S. District Courts

  • Courthouse:

    Illinois Northern District

Judge Details

Presiding Judge

John Z. Lee

 

Party Details

Plaintiff

Oil-Dri Corporation of America

Defendant

AMCOL International Corp. doing business as MTI Metalcasting doing business as American Colloid Company

Attorney/Law Firm Details

Plaintiff Attorneys

Matthew P. Becker

Attorney at Banner & Witcoff, Ltd.

71 South Wacker Drive, Suite 3600

Chicago, IL 60606

Binal J. Patel

Attorney at Banner & Witcoff, Ltd.

71 South Wacker Drive, Suite 3600

Chicago, IL 60606

Defendant Attorneys

Stephanie Pauline Smith Koh

Attorney at Sidley Austin LLP

One South Dearborn

Chicago, IL 60603

Richard Chen

Attorney at Sidley Austin Llp

1 South Dearborn

Chicago, IL 60603

Esther Ann Ju

Attorney at Sidley Austin Llp

One S. Dearborn Street

Chicago, IL 60603

 

Court Documents

#14

(#14) ATTORNEY Appearance for Defendant AMCOL International Corp. by Richard Chen (Chen, Richard) (Entered: 04/07/2021)

#13

(#13) ATTORNEY Appearance for Defendant AMCOL International Corp. by Esther Ann Ju (Ju, Esther) (Entered: 04/07/2021)

#12

(#12) MINUTE entry before the Honorable John Z. Lee: Defendant's motion to reset the initial status dates #11 is granted. Given that Defendant's responsive pleading is not due until 5/17/21, the Rule 16 initial status conference is reset to 5/31/21 at 8:45 a.m. The joint initial status report is now due by 5/24/21. The report should comply with the requirements for initial joint status reports set forth in the Initial Status Conference standing order, which can be found on the Court's website. In light of the COVID-19 pandemic and the related General Orders, the Court finds that it is necessary to conduct the status hearing via telephone conference. The call-in number is 888-273-3658 and the access code is 1637578. Counsel of record will receive a separate email at least 12 hours prior to the start of the telephonic hearing with instructions on how to join the call. All persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in court-imposed sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. All participants should review the Court's standing order regarding telephone conferences that is on Judge Lee's website, which can be found at: https://www.ilnd.uscourts.gov/judge-info.aspx?4Qf5zc8loCI5U7rfMP9DHw==. Mailed notice (cn). (Entered: 04/02/2021)

#11

(#11) MOTION by Defendant AMCOL International Corp. to continue Initial Status Conference, MOTION by Defendant AMCOL International Corp. for extension of time to file Joint Status Report (Koh, Stephanie) (Entered: 04/01/2021)

#10

(#10) MINUTE entry before the Honorable John Z. Lee: Defendant AMCOL International Corp.'s unopposed motion for extension of time until 5/17/21 to file a responsive pleading #9 is granted. Mailed notice (gel, ) (Entered: 03/26/2021)

#9

(#9) MOTION by Defendant AMCOL International Corp. for extension of time to file answer regarding complaint #1 (Unopposed) (Koh, Stephanie) (Entered: 03/25/2021)

#8

(#8) ATTORNEY Appearance for Defendant AMCOL International Corp. by Stephanie Pauline Smith Koh (Koh, Stephanie) (Entered: 03/25/2021)

#7

(#7) MINUTE entry before the Honorable John Z. Lee: A Rule 16 initial status hearing is set for 4/8/21 at 8:45 a.m. The parties are directed to file a joint initial status report by 4/1/21. The report should comply with the requirements for initial joint status reports set forth in the Initial Status Conference standing order, which can be found on the Court's website. In light of the COVID-19 pandemic and the related General Orders, the Court finds that it is necessary to conduct the status hearing via telephone conference. The call-in number is 888-273-3658 and the access code is 1637578. Counsel of record will receive a separate email at least 12 hours prior to the start of the telephonic hearing with instructions on how to join the call. All persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in court-imposed sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. All participants should review the Court's standing order regarding telephone conferences that is on Judge Lee's website, which can be found at: https://www.ilnd.uscourts.gov/judge-info.aspx?4Qf5zc8loCI5U7rfMP9DHw== (ca, ) (Entered: 02/26/2021)

#6

(#6) NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Oil-Dri Corporation of America (Patel, Binal) (Entered: 02/22/2021)

#5

(#5) Local Rule 3.4 STATEMENT by Oil-Dri Corporation of America (Patel, Binal) (Entered: 02/22/2021)

#4

(#4) ATTORNEY Appearance for Plaintiff Oil-Dri Corporation of America by Matthew P. Becker (Becker, Matthew) (Entered: 02/22/2021)

#3

(#3) ATTORNEY Appearance for Plaintiff Oil-Dri Corporation of America by Binal J. Patel (Patel, Binal) (Entered: 02/22/2021)

#2

(#2) CIVIL Cover Sheet (Patel, Binal) (Entered: 02/22/2021)

1 #1

Exhibit A

#1

(#1) COMPLAINT for Patent Infringement filed by Oil-Dri Corporation of America; Jury Demand. Filing fee $ 402, receipt number 0752-17953439. (Attachments: #1 Exhibit A)(Patel, Binal) (Entered: 02/22/2021)

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Docket Entries

  • 04/07/2021
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  • Docket(#14) ATTORNEY Appearance for Defendant AMCOL International Corp. by Richard Chen (Chen, Richard) (Entered: 04/07/2021)

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  • 04/07/2021
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  • Docket(#13) ATTORNEY Appearance for Defendant AMCOL International Corp. by Esther Ann Ju (Ju, Esther) (Entered: 04/07/2021)

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  • 04/02/2021
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  • Docket(#12) MINUTE entry before the Honorable John Z. Lee: Defendant's motion to reset the initial status dates #11 is granted. Given that Defendant's responsive pleading is not due until 5/17/21, the Rule 16 initial status conference is reset to 5/31/21 at 8:45 a.m. The joint initial status report is now due by 5/24/21. The report should comply with the requirements for initial joint status reports set forth in the Initial Status Conference standing order, which can be found on the Court's website. In light of the COVID-19 pandemic and the related General Orders, the Court finds that it is necessary to conduct the status hearing via telephone conference. The call-in number is 888-273-3658 and the access code is 1637578. Counsel of record will receive a separate email at least 12 hours prior to the start of the telephonic hearing with instructions on how to join the call. All persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in court-imposed sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. All participants should review the Court's standing order regarding telephone conferences that is on Judge Lee's website, which can be found at: https://www.ilnd.uscourts.gov/judge-info.aspx?4Qf5zc8loCI5U7rfMP9DHw==. Mailed notice (cn). (Entered: 04/02/2021)

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  • 04/01/2021
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  • Docket(#11) MOTION by Defendant AMCOL International Corp. to continue Initial Status Conference, MOTION by Defendant AMCOL International Corp. for extension of time to file Joint Status Report (Koh, Stephanie) (Entered: 04/01/2021)

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  • 03/26/2021
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  • Docket(#10) MINUTE entry before the Honorable John Z. Lee: Defendant AMCOL International Corp.'s unopposed motion for extension of time until 5/17/21 to file a responsive pleading #9 is granted. Mailed notice (gel, ) (Entered: 03/26/2021)

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  • 03/25/2021
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  • Docket(#9) MOTION by Defendant AMCOL International Corp. for extension of time to file answer regarding complaint #1 (Unopposed) (Koh, Stephanie) (Entered: 03/25/2021)

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  • 03/25/2021
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  • Docket(#8) ATTORNEY Appearance for Defendant AMCOL International Corp. by Stephanie Pauline Smith Koh (Koh, Stephanie) (Entered: 03/25/2021)

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  • 03/10/2021
  • DocketALIAS Summons Issued as to Defendant AMCOL International Corp.. (txl, ) (Entered: 03/10/2021)

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  • 02/26/2021
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  • Docket(#7) MINUTE entry before the Honorable John Z. Lee: A Rule 16 initial status hearing is set for 4/8/21 at 8:45 a.m. The parties are directed to file a joint initial status report by 4/1/21. The report should comply with the requirements for initial joint status reports set forth in the Initial Status Conference standing order, which can be found on the Court's website. In light of the COVID-19 pandemic and the related General Orders, the Court finds that it is necessary to conduct the status hearing via telephone conference. The call-in number is 888-273-3658 and the access code is 1637578. Counsel of record will receive a separate email at least 12 hours prior to the start of the telephonic hearing with instructions on how to join the call. All persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in court-imposed sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. All participants should review the Court's standing order regarding telephone conferences that is on Judge Lee's website, which can be found at: https://www.ilnd.uscourts.gov/judge-info.aspx?4Qf5zc8loCI5U7rfMP9DHw== (ca, ) (Entered: 02/26/2021)

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  • 02/23/2021
  • DocketSUMMONS Issued as to Defendant AMCOL International Corp. (cm, ) (Entered: 02/23/2021)

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  • 02/22/2021
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  • Docket(#6) NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Oil-Dri Corporation of America (Patel, Binal) (Entered: 02/22/2021)

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  • 02/22/2021
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  • Docket(#5) Local Rule 3.4 STATEMENT by Oil-Dri Corporation of America (Patel, Binal) (Entered: 02/22/2021)

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  • 02/22/2021
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  • Docket(#4) ATTORNEY Appearance for Plaintiff Oil-Dri Corporation of America by Matthew P. Becker (Becker, Matthew) (Entered: 02/22/2021)

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  • 02/22/2021
  • DocketCASE ASSIGNED to the Honorable John Z. Lee. Designated as Magistrate Judge the Honorable M. David Weisman. Case assignment: Random assignment. (txl, ) (Entered: 02/22/2021)

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  • 02/22/2021
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  • Docket(#3) ATTORNEY Appearance for Plaintiff Oil-Dri Corporation of America by Binal J. Patel (Patel, Binal) (Entered: 02/22/2021)

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  • 02/22/2021
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  • Docket(#2) CIVIL Cover Sheet (Patel, Binal) (Entered: 02/22/2021)

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  • 02/22/2021
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  • Docket(#1) COMPLAINT for Patent Infringement filed by Oil-Dri Corporation of America; Jury Demand. Filing fee $ 402, receipt number 0752-17953439. (Attachments: #1 Exhibit A)(Patel, Binal) (Entered: 02/22/2021)

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