A recent decision by United States Patent and Trademark Office (“USPTO”) Director Squires may signal renewed interest in inter partes review (“IPR”) as a vehicle for challenging design patents. On January 12, 2026, the Director issued a decision in Top Glory Trading Group Inc. and DP Dream Pairs Inc….
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 2, 2026, the Ninth Circuit affirmed a jury verdict finding that tattoo artist Katherine Von Drachenberg (also known as Kat Von D) and her tattoo parlor, High Voltage Tattoo, did not infringe photographer Jeffrey Sedlik’s copyright in an iconic photograph of Miles Davis, holding that the tattoo and related sketches were not substantially similar and that Von Drachenberg’s social…
Be vigilant of how the public perceives your trademark, because if the primary significance of your mark has become the generic name of a good, you may lose your trademark. In Illinois Tamale Co., Inc. v. LC Trademarks, Inc, the Seventh Circuit reversed a district court order enjoining LC Trademarks, Inc. and Little Caesar Enterprises, Inc. (collectively…
The Fifth Circuit’s January 2026 decision in Vetter v. Resnik squarely addresses a fundamental question in copyright law: does termination recapture only U.S. rights, or does it restore the worldwide rights originally conveyed? In answering that question, the Court did more than simply side with “Double Shot (Of My…
Instead of decking the halls for Christmas, the Federal Circuit decked Longhorn by dismissing its appeal for lack of jurisdiction. Idaho, and over 30 other states, have taken patent law conduct into their own hands, enacting legislation to punish bad faith patent litigation. Recently, the Federal Circuit rejected a patentee’s appeal of denial of a motion to dismiss a counterclaim and imposition of a bond based on Idaho’s law because it did…
As a result of major changes over the past year at the Patent Trial and Appeal Board (PTAB), it is now materially harder to institute inter partes review (IPR) and post grant review (PGR). The following summarizes a tumultuous year at the PTAB and the USPTO. Bifurcating Institution and Elevating…
On December 10, the Federal Circuit affirmed the Trademark Trial and Appeal Board (“TTAB”)’s decision to cancel Game Plan, Inc. (“Game Plan”)’s registered trademark and dismiss its opposition to Uninterrupted IP, LLC (“UNIP”)’s pending applications. The dispute centered on whether a party can acquire priority over a registered mark…
Ex parte reexaminations and inter partes review (“IPR”) are two different procedures available at the United States Patent and Trademark Office (“PTO”) to invalidate a patent. In an ex parte reexamination, a third party can make a request for reexamination, but the third party will have no further involvement…
In another case addressing the use of copyrighted works by artificial intelligence technology (“AI”), the Southern District of New York denied a partial motion to dismiss a direct copyright infringement claim related to summaries generated by AI. The court held that the summaries could constitute copyright infringement and thus…
If you were hoping a Sotera stipulation would bulletproof your Inter Partes Review (“IPR”) petiton from a discretionary denial, the Federal Circuit (“CAFC”) just poured cold water on that plan. In In re Motorola, the CAFC denied Motorola Solutions, Inc.’s (“Motorola’s”) arguments that the United States Patent and Trademark…
Irwin IP partnered with Lawyers for the Creative Arts to host a copyright registration clinic, empowering creatives with essential IP knowledge and practical guidance on navigating the U.S. Copyright Registration website….
On October 30, 2025, the Seventh Circuit vacated and remanded a judgment in Dolls Kill, Inc. v. MengEryt, holding that the district court erred in awarding statutory damages when the plaintiff had sought disgorgement of the infringer’s profits under 17 U.S.C. § 504(b). The decision makes clear that the…
In an unpublished per curiam opinion, the Fifth Circuit affirmed a permanent injunction against a trio of defendants, rejected an attorney immunity defense, vacated a $1.5 million trademark damages award, remanded for a consideration of statutory damages, and instructed the district court to consider whether the Seventh Amendment requires…
This presentation is great for entrepreneurs looking to learn more about patent basics and patent searching….
Music piracy poses a large threat to artists’ copyrights, depriving the music industry of billions of dollars annually. To combat this, music producers often seek out the assistance of Internet Service Providers (“ISPs”) in stopping copyright infringement by the ISPs’ customers. For ISPs that cooperate, the Digital Millennium Copyright…
The Federal Circuit’s opinion in Rex Medical, L.P. v. Intuitive Surgical, Inc. underscores the judiciary’s strict insistence on reliable damages methodology and proper apportionment in patent cases. Although the jury initially awarded Rex Medical $10 million for infringement of U.S. Patent No. 9,439,650 (“the ‘650 Patent”), the district court reduced the award to nominal damages of $1,…
Fair use just got a late-night twist: the Second Circuit says Jimmy Kimmel’s jokes about former Congressman George Santos were more than funny—they were transformative. On September 15, 2025, the Second Circuit held that Kimmel’s segments titled “Will Santos Say It?” constituted fair use (and thus did not infringe)…
Last week, the Eastern District of New York (“Court”) refused to dismiss PleasrDAO’s trade secret claims against Martin Shkreli, finding that Wu-Tang Clan’s exclusive, unreleased album, Once Upon a Time in Shaolin (“Album”), could plausibly qualify as a trade secret. The only official physical copy of the Album (which…
The Federal Circuit recently issued its first precedential decision addressing derivation proceedings under the America Invents Act (“AIA”). A derivation proceeding is a trial before the Patent Trial and Appeal Board (“PTAB”) to determine whether the first-filed patent application was based on an invention taken from the true inventor…