Irwin IP is unique among IP Litigation boutique firms in having extensive experience litigating design patents. Some of these design patent litigation victories include: Lead counsel for Fortune 500 company seeking licenses to design patents covering thousands of products as well as declaratory judgments of non-infringement and invalidity of some patents; lead defense counsel in design patent infringement case involving kitchen appliances in recreational vehicles; and lead counsel for exclusive design patent licensee, in design patent infringement litigation related to aftermarket vehicle parts brought by patent owner, resulting in a permanent injunction and attorney fee award.
Irwin IP has represented its clients in navigating commercial spaces occupied by some of the most prolific design patent holders in the world. In doing so, Irwin IP has uniquely positioned itself as a preeminent design patent law firm and has developed a wealth of knowledge and competency on the cutting edge of design patent law including not only litigation in United States District Court, but disputes before the International Trade Commission, Patent Trial and Appeal Board, and appellate practice before the Court of Appeals for the Federal Circuit. Irwin IP has represented is clients in both defensive and offensive matters and is also experienced in offensive invalidity and noninfringement challenges, proactively bringing the fight to design patent holders when a bold approach is strategically appropriate. Additionally, Irwin IP has been able to resolve many of design patent disputes outside of court in a manner that is cost-effective and favorable to all parties involved. Irwin IP has an unmatched mastery of design patent law, which is unfamiliar to many patent practitioners whose focus is primarily on utility patents. And Irwin IP has the breadth and depth of talent and resources needed to litigate any design patent infringement or invalidity matter, regardless of the size and challenges presented by any given case.
Representative design patent matters for Irwin IP, or its lawyers, include:
American Honda Motor Co. v. LKQ Corp. and Keystone Automotive Industries, Inc. Lead counsel for defendant suppliers of aftermarket automotive parts against a case where Honda brought claims of infringement of 23 design patents. After a year of contentious litigation, whereby the patents being litigated was winnowed down from 23 to 6, the case was settled on favorable terms.
Furrion Property Holding Ltd. et al. v. Way Interglobal Network, LLC. Lead defense counsel in design and utility patent infringement case involving kitchen appliances in recreational vehicles.
HALO Branded Solutions v. Keepcool. Lead counsel for company accused of infringing design patent for reusable bags. Assisted client in demonstrating non-infringement of design patent.
Industry Association Sponsored Litigation. Lead counsel for exclusive design patent licensee, in design patent infringement litigation related to aftermarket vehicle parts brought by patent owner, which resulted in permanent injunction and attorney fee award.
LKQ Corporation v. General Motors Co. Lead counsel for supplier of aftermarket automotive parts seeking declaratory judgments of non-infringement and invalidity of several patents. Also oversaw the filing of numerous validity challenges to design patents before the Patent Trial and Appeal Board. And, lead an appeal to the Court of Appeals for the Federal Circuit to reform the law governing design patent validity to conform with established U.S. Supreme Court Precedent.
In Re Certain Automotive Headlamps I & II Lead counsel for supplier of aftermarket automotive headlamps in defending against two separate enforcements of over 20 design patents each before the International Trade Commission, each of which were independently the largest ITC patent investigation by patent number for the last five years. Conducted discovery in both cases over the course of five months, including taking or defending 33 depositions. Midway through discovery, tried the first ever “100-day proceeding” in the ITC under its 100-Day Program. Tried both investigations on the merits back-to-back over the course of six days.
LKQ Corporation v. Kia Motors Co./ Hyundai Motor Co. Lead counsel for supplier of aftermarket automotive headlamps seeking declaratory judgments of non-infringement and invalidity in two separate litigations totaling over 35 patents in United States District Court.
Broom Designs, LLC v. . Lead counsel for designer of a novel industrial broom design that was copied by Rubbermaid and sold through various channels, such as Home Depot.
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