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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. 

The Seventh Circuit has opened the flood gates by allowing trade secret owners to recover damages for foreign sales of products using misappropriated trade secrets.  On July 2, 2024, the Seventh Circuit affirmed a district court’s decision that the Defend Trade Secrets Act (“DTSA”) applied extraterritorially, allowing the plaintiff…
On June 21, 2024, the Federal Circuit affirmed the District Court for the District of New Jersey’s dismissal of Beteiro, LLC’s (“Beteiro’s”) patent infringement case against DraftKings, Inc. (“DraftKings”) on the basis that Beteiro’s patents claimed unpatentable subject matter under 35 U.S.C. §101.  Beteiro had alleged that DraftKings’ online…
The Court of Appeals for the Federal Circuit (“CAFC”) recently reversed the U.S. District Court for the District of Massachusetts (“District Court”)’s grant of a preliminary injunction against EOFlow, a medical device manufacturer that makes insulin pump patches.  Insulet, also a manufacturer of insulin pump patches (the “OmniPod”) sought…
Check out this Law360 article by two of our attorneys at Irwin IP, Joseph Marinelli and Suet Lee. Their article delves into the recent decision by the Federal Circuit in Intellectual Tech LLC v. Zebra Technologies Corp., providing crucial insights into the complex issue of constitutional standing in patent…
In a landmark decision affirming longstanding principles of trademark law, the United States Supreme Court ruled that the Lanham Act’s names clause does not violate the First Amendment, confirming the authority of the U.S. Patent and Trademark Office (PTO) to regulate trademarks containing living individuals’ names without their consent. …
In October of 2021, pursuant to the triennial review process of the Digital Millennium Copyright Act (“DCMA”), the Library of Congress (the “Library”) promulgated rules exempting certain classes of copyrighted works, e.g., medical software in devices like CT scanners and MRI machines, from anti-circumvention provisions of the DCMA.  Thereafter,…
A Washington jury recently issued a $72 million verdict in favor of Zunum Aero Inc. (“Zunum”), a now-defunct aerospace startup, against The Boeing Company (“Boeing”) for willful and malicious misappropriation of trade secrets, breach of a nondisclosure agreement (“NDA”), and tortious interference.  The companies had multiple NDAs, and Boeing…
On May 1, the Federal Circuit reversed a district court’s dismissal of Intellectual Tech’s (“IT’s”) patent infringement claims against Zebra Technologies (“Zebra”) for lack of constitutional standing.  The Federal Circuit found that even though IT defaulted on a loan, which gave their bank rights to the patents used as…
On May 21, 2024, the Federal Circuit overruled its long-standing Rosen-Durling obviousness test for design patents and replaced it with the more flexible four-factor Graham1 test.  LKQ filed2 a petition for inter partes review of GM Global Technology Operations LLC’s U.S. Design Patent D797,625 (the “D’625 Patent”), asserting the…
On May 9, 2024, the Supreme Court held that copyright owners may obtain damages beyond the three-year statute of limitations under the Copyright Act.  As this case originated from a circuit that applies the discovery rule to the Copyright Act, the Supreme Court assumed that the discovery rule applied…
On April 25, 2024, Judge Richard G. Andrews from District of Delaware found that Siri, the digital assistant produced by Apple, is not subject to the patent marking requirement pursuant to 35 U.S.C. § 287(a) because it is an intangible product.  Plaintiff IPA Technologies Inc. (“IPA Tech”) owns two…
For employers, safeguarding trade secrets and requiring that employees sign non-disclosure agreements are now more crucial than ever.  On April 23, the Federal Trade Commission issued a final rule that, if it survives challenges that have already been filed in the courts, will ban the noncompete restrictions many employers…
On April 12th, the 10th Circuit determined that I Dig Texas’ (“IDT”) use of the term “American-made” to promote its products and to discourage consumers from supporting its competitor, Creager, is inherently ambiguous.  Thus, advertisements including that phrase for products assembled in the United States using components from other…
This presentation examines the essential role of intellectual property law in the success of inventors, entrepreneurs, and content creators. Additionally, this presentation addresses common questions and concerns within these industries, offering a platform to seek personalized legal advice for unique situations….
Patents are prohibited from claiming inventions that would have been obvious to a person having ordinary skill in the art (“POSITA”).  This non-obviousness requirement is an application of the Constitution’s limitations on the scope and purpose of Congress’ authority to grant patents.    Congress’ power to award patent monopolies flows…
This week, the United States District Court for the Central District of California (the “Court”) granted L’Oreal’s motion for terminating sanctions.  The litigation centers around L’Oreal’s alleged misappropriation of Metricolor’s trade secret, which is a first-generation system for storing, formulating, and dispensing hair coloring agents and additives.  The system…
As an initial disclaimer, Irwin IP LLP is privileged to be lead counsel for LKQ Corporation and Keystone Automotive Industries, Inc. (collectively, “LKQ”) in several design patent validity disputes, including this case against GM Global Technology Operations and by extension General Motors Co. (collectively, “GM”).  LKQ neither requested nor…
A license agreement with broad terms might seem like a good idea, but it could turn into something that you later regret.  On March 25, 2024, the Second Circuit (“the Court”) affirmed that a licensee did not violate a trademark license agreement for “beer” products by selling hard seltzer…
On February 28, 2024, in AlexSam, Inc. v. MasterCard International Incorporated, the Federal Circuit reversed the district court’s summary judgment in favor of MasterCard and remanded.  The Federal Circuit found that AlexSam could maintain its suit because the covenant not to sue provision in the License Agreement (“Agreement”), which…
On February 9, 2024, in Rai Strategy Holdings Inc. v. Philip Morris Products S.A., the Federal Circuit vacated the Patent Trial and Appeal Board’s (PTAB) finding that claimed ranges of length rendered Rai’s vape device claims invalid for lack of written description.  The Federal Circuit rejected Philip Morris’ rigid…