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Northern District Encourages Updated Definition of “Product”
In Penzick v. Constrafor Inc., 25 C 4555 (N.D. Ill. Jan. 29, 2026) (Durkin, J.), Caffarelli & Associates successfully represented the Plaintiff and prevailed in defeating the Defendant’s motion to dismiss. In a notable ruling, Judge Durkin rejected the Defendant’s argument that “software is intangible property” and therefore not a “product,” calling that position “an obsolete perspective.” The Defendant had moved to dismiss Count I of Plaintiff’s Complaint, brought under the Illinois Sales Representative Act (“SRA”), 820 ILCS 120/1(1), arguing that...