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IIP In The News

Stay updated with Irwin IP’s media coverage through “IIP in the News”. Whenever there’s a newsworthy article, it will be conveniently found below.

During the Federal Circuit’s first patent case since 2018, judges hesitated to discard long-standing tests for proving design patent invalidity, with some showing openness to adjusting a standard criticized as overly rigid. LKQ Corp., represented by Irwin IP LLP and Lex Lumina PLLC, sought to invalidate two General Motors…
Federal Circuit judges expressed skepticism over the Rosen-Durling test, which has been utilized for four decades to assess the obviousness of design patents, particularly in a case involving General Motors Co. and LKQ Corp. LKQ Corp., represented by Irwin IP LLP and Lex Lumina PLLC, challenged the test, arguing…
LKQ Corp. v. GM Global Technology OperationsThe Federal Circuit is set to review a patent decision for the first time since 2018, potentially reshaping design patent law. The case involves LKQ, represented by Irwin IP, challenging GM design patents and arguing that current design patent tests conflict with the…
LKQ Corp., represented by Lex Lumina PLLC and Irwin IP LLP, is advocating for a shift in the approach to evaluating the invalidity of design patents, urging a reevaluation of what they consider a “common sense” perspective. In response, GM Global Technology Operations LLC has presented its opposing viewpoint…
Attorneys representing the U.S. Patent and Trademark Office, Taiwanese manufacturers of automotive components, and significant insurance trade associations have submitted their opinions to the Federal Circuit regarding a legal initiative presented by a competitor of General Motors. This initiative seeks to alter the process by which courts render judgments…
In a significant development, Chicago parts maker LKQ Corp. engaged in a dispute with General Motors have presented its arguments before the full federal circuit. To read the full article, visit: https://www.law360.com/articles/1695844/gm-foe-says-it-s-time-for-some-new-design-patent-rules *This article is located behind a paywall and is only available for viewing by those with a…
Lex Lumina and Irwin IP distinguished themselves June 30 as the first law firms since 2018 to convince the full Federal Circuit to review a patent case. The court granted a petition by LKQ Corp. seeking rehearing of a January panel ruling that affirmed Patent Trial and Appeal Board…
The legal outcome of a design dispute between General Motors (GM) and a fender manufacturer is in uncertainty after a U.S. appeals court granted a rare review. The case revolves around GM’s claim that the fender manufacturer’s design infringed on their own design patent. Initially, GM secured a victory…
The full Federal Circuit agreed to review whether tests for proving that a design patent is obvious have been overruled by U.S. Supreme Court precedent, taking up a dispute involving a General Motors unit in the court’s first en banc review of a patent case since 2018. To read…
The Patent Trial and Appeal Board (PTAB) recently considered challenges to three GM design patents for car parts. During a four-hour session, PTAB heard three separate cases brought by LKQ Corp. and its subsidiary, Keystone Automotive Industries Inc., as they sought to invalidate GM’s design patents. This hearing followed…
Labyron Carr and his nonprofit Cappin4Capo Inc., represented by Irwin IP LLP, have filed a lawsuit in Illinois alleging that Meta Platforms, Inc., the parent company of Instagram, violated federal law by allowing a hacker to take control of their gun violence prevention nonprofit’s Instagram account for nonfungible token…
In a legal dispute linked to the film “Gone in 60 Seconds,” an attorney representing the movie’s producer presented their argument centered on Carroll Shelby’s company allegedly violating a settlement concerning the rights to the movie’s iconic “Eleanor” car by taking legal action against actions they were authorized to…
Several players in the replacement auto parts industry, including LKQ Corp. represented by Mark Lemley and Mark McKenna of Lex Lumina PLLC, and Barry Irwin, Iftekhar Zaim and Andrew Himebaugh of Irwin IP LLP., are urging the full Federal Circuit to reconsider the criteria used for determining the invalidity…
Irwin IP LLP attorneys Lisa Holubar and Ariel Katz provide their insights on just how valuable pro bono work is. As discussed in the article, Providing pro bono legal services is of paramount importance for law firms as it upholds the fundamental principle of access to justice, ensuring that…
A federal judge in Los Angeles will conduct a hearing to determine if the Ford Mustang, which appeared in the remake film “Gone in 60 Seconds” starring Nicolas Cage, qualifies as a character protected by copyright, much like the Batmobile. The remake keept the iconic car “Eleanor,” but switched…
Jason Keener (Irwin IP LLP) and David Brandon (Clark Hill LLP) represent Denice Shakarian Halicki, Eleanor Licensing, LLC, and Gone in 60 Seconds Motorsports, LLC in an ongoing federal lawsuit (case number 8:20-CV-01344) against Shelby/Classic Recreations. The lawsuit seeks millions in damages for unauthorized replicas of Denice Halicki’s copyrighted…
According to a legal complaint filed by Opternative, eyewear e-commerce giant Warby Parker is accused of signing partnership contracts and NDAs with online eyeglass prescription test startup Opternative, then stealing the technology to launch its own competing feature. To read the full article, visit: https://techcrunch.com/2017/10/16/opternative-vs-warby-parker/…