Excellence. Integrity. Success.

Irwin IP Case Of The Week

Dangers of Relying on Exemplary Products

On September 7, 2022, the Federal Circuit (CAFC) affirmed dismissal of a patent infringement suit under the duplicative litigation doctrine because the asserted patent and accused products were part of an earlier filed case.  Arendi S.A.R.L. (“Arendi”) filed suit against LG Electronics Inc. and LG Electronics USA, Inc. (collectively, “LG”)

Read More

High Speed Adult Content is “Purposefully Directed”

Pointing to domain registration, hosting services, website compliance terms, and U.S. based users of a Hong Kong company’s internet business, the Ninth Circuit reversed dismissal of a Japanese company’s copyright suit for a lack of personal jurisdiction.  This precedential decision provides guidance regarding what constitutes sufficient jurisdictional contacts to establish

Read More

Section 101 Survives Attack

On August 23, 2022, the Federal Circuit (“CAFC”) rejected an attack on the Alice/Mayo patent eligibility framework (“Alice/Mayo”), finding it was sufficiently defined based on judicial precedent to be usable in practice, was not arbitrary and capricious under the Administrative Procedure Act (“APA”) as the APA does not apply to

Read More

Coca-Cola’s Trademark Challenge Fizzles Out

On June 29, 2022, the United States Court of Appeals for the Federal Circuit (“CAFC”) reversed the Trademark Trial and Appeal Board’s (“TTAB”) decision to cancel the U.S. registrations owned by beverage company Meenaxi Enterprise, Inc. because Coca-Cola, the challenger, did not have statutory standing.     This case involves the

Read More

States Cannot Force Publishers to License Public Libraries

On June 13th, the District Court of Maryland protected publishers’ rights to control the distribution of their literary works when it declared unconstitutional a Maryland statute that requires publishers to license their electronic literary products, such as e-books and audiobooks, to Maryland public libraries. The statute states in part that,

Read More

CAFC Pours One Out for Lehman Brothers

The Court of Appeals for the Federal Circuit (“CAFC”) recently backed a Trademark Trial and Appeal Board (“TTAB”) decision sustaining Barclays’ opposition to Tiger Lily’s attempted registration of a satirical LEHMAN BROTHERS mark for bar and restaurant services (in particular, for whiskey), and sunk Tiger Lily’s opposition of Barclays’ claim

Read More

Obvious Claim Error Does Not Excuse Willful Infringement

On June 3, 2022, the CAFC held that reliance on an “obvious minor clerical error” within a claim is not a defense to willful infringement.  CATR Co. sued Kingston Technology Co. (“Kingston”) for infringement of U.S. Patent No. 6,926,544 (“the ’544 Patent”) in the Central District of California (“the District

Read More

Indefiniteness: Multiple Term Interpretations

In this appeal of an inter partes review (“IPR”) by the Patent Trial and Appeal Board (“PTAB”), the CAFC upheld the PTAB’s decision that the term “self-similar” in a substitute claim 57[1] of U.S. Patent No. 9,565,493 (the “‘493 Patent”) was not indefinite, among other issues.  The ‘493 Patent is

Read More