On December 3, 2024, USPTO Director Kathi Vidal, for a second time, granted Director Review of the Patent Trial and Appeal Board (“Board”)’s denials of institution of inter partes review (“IPR”) in three proceedings. And, for a second time, Director Vidal vacated those denials and remanded the case to…
Publications
Irwin IP Publications is the go-to resource for the latest updates and insights in the world of intellectual property. Over 250 articles are published on cases addressing unique issues, all of which can be found using the search tool below. Additionally, there is a collection of articles/papers and presentations that cover a wide range of topics. Whether you’re a legal professional, business owner, or simply someone passionate about IP, our publications page will provide you with all the knowledge needed to navigate this dynamic field.
On November 15, 2024, the U.S. Court of Appeals for the First Circuit affirmed the denial of a preliminary injunction, whacking the historic Lizzie Borden House’s ability to prevent its next-door neighbor, Miss Lizzie’s Coffee LLC (“Miss Lizzie’s”), from using the “Lizzie Borden” name and distinctive hatchet logo. Despite…
On November 1, 2024, the Second Circuit affirmed the district court’s entry of summary judgment that Ed Sheeran’s Thinking Out Loud (“TOL”) composition did not infringe Marvin Gaye’s Let’s Get It On (“LGO”) deposit copy, holding that under the Copyright Act of 1909, copyright protection of a musical work…
“Schedule A” cases are cases particularly common in the Northern District of Illinois and are named as such because defendants are identified in a sealed “Schedule A” exhibit instead of on the body of the complaint. These Schedule A defendants often number in the hundreds per case. The intent…
On October 24, 2024, the Federal Circuit in Ericsson v. Lenovo vacated a district court’s denial of Lenovo’s request for an antisuit injunction in a case involving standard essential patents (SEPs). The court held that that when a party declares its patents essential to the 5G wireless communications standard,…
If you ever wondered why it seemed like McDonald’s McFlurry machines were always broken, there was a reason for that. McDonald’s franchise owners could not fix their machines without risking a violation of the U.S. Copyright Act. The U.S. Copyright Office, however, recently updated its regulations now providing an…
This presentation examines the impact that major types of intellectual property law have on the Toy and Games Industry; explores examples of particularly influential disputes; and provides useful tips for practitioners, entrepreneurs, and companies that work in the space….
On October 18, 2024, the United States Court of Appeals for the Federal Circuit issued a precedential decision in UTTO Inc. v. Metrotech Corp., No. 2023-145 (Fed. Cir. Oct. 18, 2024), ruling that a district court may engage in claim construction when determining a motion to dismiss. UTTO Inc….
Designing functional features on a device will not make you an inventor for design patents on the device! The District of Delaware (“the court”) recently held that Apple Inc.’s (“Apple”) design patents were not unenforceable due to inequitable conduct because Apple’s engineers did not design any ornamental features within…
On October 3, 2024, the Federal Circuit held that a party may be liable for false advertising violations under Section 43(a)(1)(B) of the Lanham Act when it “falsely claims that it possesses a patent on a product feature” and advertises that product feature in a manner that misleads consumers…
Gain insight into the intricacies of design patent obviousness and the pivotal federal circuit en banc trial for our client, LKQ Corporation, highlighting the latest developments and their implications for intellectual property law….
On September 17, 2024, the Second Circuit concluded that under New York’s Long Arm Statute, a business that receives a single product order, sends an order confirmation email, and accepts payment from a customer with a New York shipping address, “transacts business in New York” for purposes of establishing…
On September 16, 2024, a special master for the Northern District of Georgia issued a report and recommendation to deny Ionic Air Care’s motion for summary judgment that Aviation Clean Air’s patents were invalid under the “public use” and “on-sale” bars to patentability of 35 U.S.C. § 102(b). This…
The U.S. Court of Appeals for the Second Circuit affirmed the district court’s ruling that nonprofit digital library Internet Archive (“IA”)’s practice of scanning entire books and lending the e-books for free was not considered fair use under Section 107 of the Copyright Act, and thus, infringed the Plaintiffs-Appellees…
On August 26, 2024, the Western District of Wisconsin issued a decision adjudicating a number of motions in a case involving a thicket of intellectual property claims and counterclaims. Fiskars Finland OY AB and Fiskars Brands Inc. (collectively, “Fiskars”) sued Woodland Tools Inc. and its affiliated parties (“Woodland”), asserting…
On August 24, 2024, the United States Court of Appeals for the Federal Circuit (CAFC) dismissed an appeal for lack of standing after a failed inter partes review (IPR) challenge by petitioner Platinum Optics Technology Inc. (Platinum Optics). The decision underscores the fact that even if a party has…
On August 13, 2024, the Federal Circuit reversed a district court’s decision that a patent was invalid for obviousness-type double patenting (“ODP”) and held that In re: Cellect LLC, 81 F.4th 1216, 1228–29 (Fed. Cir. 2023) did not require the invalidation of a related earlier patent even though it…
Manufacturers beware! Your sales of products based on secret manufacturing processes may invalidate your patents. The Court of Appeals for the Federal Circuit (“CAFC”) recently affirmed an International Trade Commission (“ITC”) decision that invalidated process patent claims because the patentee sold products—manufactured based on the secret process claims—more than…
On August 1, 2024, the Eleventh Circuit Court of Appeals issued a ruling that affirmed a trade secret claim, but reversed and remanded a copyright claim related to Plaintiff Compulife’s insurance quote comparison software. First, the Eleventh Circuit reversed the district court’s decision, where the district court held that…
On July 10, 2024, the Third Circuit vacated and remanded the district court’s decision to award attorneys’ fees to plaintiff Lontex, a sports apparel brand whose registered COOL COMPRESSION mark was used by Nike on its Nike Pro clothing line, finding that the district court’s determination that the case…