On January 29, 2025, the Southern District of New York dismissed a lawsuit filed against Spotify for allegedly failing to pay the appropriate royalties to songwriters. The Mechanical Licensing Collective (“MLC”), which collects royalties from digital streaming platforms on behalf of composition rightsholders, brought this suit after Spotify unexpectedly…
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 January 24, 2025, the Federal Circuit considered the “long mentioned but rarely applied” reverse doctrine of equivalents (“RDOE”) defense. The widely accepted doctrine of equivalents (“DOE”) allows plaintiffs to establish infringement when an accused element “matches the function, way, and result of the claimed element,” even if it…
The Federal Circuit recently addressed a deceptively straightforward question: does a published U.S. patent application qualify as prior art as of the application’s filing date in inter partes review (“IPR”) proceedings? Lynk appealed the PTAB’s reliance as a prior art printed publication on a patent application filed before but…
In 2024, the patent law landscape underwent significant changes driven by landmark court decisions and the advent of emerging technologies. Major rulings from the Supreme Court, the Federal Circuit, District Courts, and the Patent and Trademark Office redefined existing patent frameworks, including a complete rewrite of the long-standing obviousness…
In trademark disputes, the likelihood of confusion analysis—guided by the DuPont factors—is a balancing test with the fame of a mark often tipping the scales. The Federal Circuit highlighted this issue in its critique of the Trademark Trial and Appeal Board’s analysis of the “Cognac” certification mark. In Bureau…
Colors are generally permitted as source identifiers for trademarks or trade dress because they are typically perceived as an ornamental feature of a good or service (e.g. Louboutin’s red soles, T-Mobile magenta, Tiffany blue). However, this week, the Federal Circuit affirmed the Trademark Trial and Appeal Board (“TTAB”) decision…
It’s December, and everywhere you go, the streets and stores are awash in seasonal décor, and holiday products and Christmas programming are glistening in your eyes once again. In the spirit of the season, we have compiled “five golden [th]ings” to know about the intersection of Christmas and protecting…
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…
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…