Other Complex Litigation

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Rep. Matters

Irwin IP has extensive experience in litigating a myriad of complex non-IP and IP-adjacent business matters, such as breach of contract, antitrust, unfair competition, and tortious interference claims. Our team has successfully assisted businesses that operate in a wide variety of industries—such as commercial equipment, film, fine arts, fitness equipment, aftermarket automotive parts, software and chemicals—in obtaining favorable results in even the most complex of matters. For example, Irwin IP has successfully:

  • Resolved a dispute between a licensor and licensee and assisted in reacquiring licensing rights
  • Obtained a settlement for an indemnification dispute between a commercial kitchen equipment dealer and equipment manufacturer
  • Defended a motion to dismiss certain antitrust and RICO claims for a supplier of aftermarket automotive parts which was recommended to be dismissed in its entirety
  • Secured a settlement for a replevin dispute for auction purchasers of a fine art painting 
  • Defended against summary judgment on antitrust counterclaims for a market leader
  • Obtained a settlement for a chemical company in breach of contract case regarding a joint development dispute

Regardless of the complexities of the case, Irwin IP provides cutting-edge representation, strategy, and efficiency to obtain the best results for its clients.

On November 27, 2023, U.S. District Judge Connolly ruled that patent monetization firm and de facto patent owner, IP Edge, and its affiliated business Mavexar, engaged in a fraudulent strategy of (1) conveying various computer and cellphone patents, and de minimis rights therein, to third-party shell LLCs, and then…
Be cautious when deciding whether to do business in a state in a way that requires you to register in that state; you may be consenting to general personal jurisdiction in that new state by doing so.  On June 27, 2023, the Supreme Court held that Pennsylvania’s consent statute—which…
While a website owner may not want competitors scraping information from their system, it may not be a violation of the Computer Fraud and Abuse Act (“CFAA”) unless the website owner has “gates-up.” The Ninth Circuit recently upheld a preliminary injunction preventing LinkedIn Corp (“LinkedIn”) from denying hiQ Labs,…

Representative matters of Irwin IP, or its lawyers, include:

Atosa USA, Inc. v. MVP Group LLC and MVP Group Corp.: Counsel for City Food Equipment, a dealer of new and used commercial kitchen equipment, in a trademark infringement dispute between Atosa USA, Inc. and MVP Group LLC and MVP Group Corp.  Secured favorable settlement for client in underlying case and add-on indemnification dispute that followed.

Carrol Shelby Licensing v. Eleanor Licensing, LLC.  Lead counsel for Eleanor Licensing, owner of the intellectual property to the Gone in 60 Seconds movie franchise, in copyright, breach of contract, and trademark litigation against Carrol Shelby Licensing and Classic Recreations for the right to make working replicas of the Eleanor star car character.

Certain Programmable Logic Controller (PLCs), Components Thereof, and Products Containing Same.  Lead counsel for third party Revere Electric Supply Co. against Complainant’s discovery efforts at the International Trade Commission.

Graff v. The Owings Gallery, Inc. et al.  Lead counsel for auction purchasers of a fine art painting in connection with replevin, detinue, and other claims based upon the assertion that the painting was stolen, resulting in favorable settlement.

LKQ v. Earl Owen.  Lead counsel for LKQ in an offensive matter related to improper web scraping of LKQ data culminating in expedited injunctive relief and recovery of fees associated with bringing the action.

LKQ Corporation v. FCA US LLC.  Lead counsel for supplier of aftermarket automotive parts in a trademark infringement, breach of contract, RICO, and antitrust matter.  Successfully defended a motion to dismiss LKQ’s declaratory judgment trademark claims and LKQ’s offensive claims relating to antitrust and RICO counts, resulting in a report and recommendation by the Delaware Magistrate Judge assigned to the case that recommended denying FCA’s motion to dismiss in its entirety.

Matt Furlin.  Lead counsel for actor in negotiation to secure credits and compensation from an independent documentary film production company.

NextPulse v. Life Fitness.  Lead counsel for Life Fitness in copyright infringement and tortious interference claims regarding videos and software for use with fitness equipment.

Shuffle Master.  Lead counsel in numerous intellectual property matters for market leader, many of which involved antitrust counter-claims, and successfully defending against or obtaining summary judgment against such claims.

Software Company.  Trial counsel in a confidential multi-day arbitration trial in a case involving defense of fraud claims based upon the assertion of improper revenue recognition in advance of company sale, and offensive claims of interference with contractual relationship result in major victory.

Staple Ease v. Ecoturf.  Lead counsel for Staple Ease in a contractual licensing dispute with its exclusive licensee, resolving the dispute and reacquiring Staple Ease’s licensing rights at an expense of less than $10,000 in attorney’s fees.

The Dow Chemical Company v. Shell Oil Company.  Represented plaintiff in breach of contract case relating to a joint development effort in liquid redox chemistry.  The case settled on favorable terms shortly before trial.