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 above. 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.

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February 4, 2019

Book that Domain Name Quickly: 4th Circuit Affirms Booking.com as a Protectable Trademark

A simple and easy way to hook online consumers is by acquiring a domain name that spells out exactly what that consumer is looking for—i.e., you search “hotels” and the one of the top unpaid search results will be “hotels.com.” However, pursuing this strategy generates risk for a company’s…

January 28, 2019

If Public Sale, Then Public Domain

On January 22, 2019, the Supreme Court held that an offer for sale or sale of a product embodying an invention is prior art and triggers the on-sale bar against receiving a patent under 35 U.S.C. § 102 (post- America Invents Act) even if the offer or sale did…

January 21, 2019

Federal Circuit Affirms Decision Allowing Amended Claims

The Federal Circuit recently affirmed, without opinion, a decision of the Patent Trial and Appeal Board (the “Board”) that found substitute claims submitted in a contingent motion to amend to be patentable. This case is important because it is one of the few instances in which the Board has…

January 14, 2019

USPTO Orders New Guidance: Hold the Mayo

On January 7, 2019, the United States Patent and Trademark Office (USPTO) published proposed guidance to assist its patent examiners and stakeholders in evaluating proposed claims in light of the Mayo/Alice line of cases and subsequent treatment by the Federal Circuit Court of Appeals. Until now, when evaluating patent-subject-matter…

January 7, 2019

Screenwriter “Kills” Jason: Victor Miller Allows To Terminate His Grant Of Rights In Friday The 13th Screenplay

Just as Jason terminated the counselors at Camp Crystal Lake in the summer of ‘79, screenwriter Victor Miller validly terminated production company Horror Inc.’s rights to the copyright in the screenplay for “Friday the 13th.” In a recent decision1, the U.S. District Court for District of Connecticut found that…

December 17, 2018

Texas Gives its Own Licensee the Horns

On December 10, 2018, the United States District Court for the Southern District of Texas held that sovereign immunity under the 11th Amendment prevented the Court from compelling joinder of a patent licensor, the University of Texas (“UT”), as an involuntary plaintiff to a patent infringement lawsuit brought by…

December 10, 2018

Federal Circuit Holds Demand Letters Are Sufficient to Establish Personal Jurisdiction

A patent assertion entity’s sending of a demand letter into a district is sufficient to give rise to personal jurisdiction over that entity. This case is important because the Federal Circuit clarified that demand letters may give rise to personal jurisdiction in the patent context and that a PAE…

December 3, 2018

Brewery Trademark Opposers Left Drowning in their Sorrows

On November 26, 2018, the Federal Circuit affirmed a decision of the Trademark Trial and Appeal Board (TTAB) approving the applied-for trademark “Schlafly” of a craft beer brewery that is the surname of the brewery’s founder, Thomas Schlafly. Separate oppositions to the applied-for mark had been brought by two…

November 29, 2018

Monster Energy Awarded Monster Punitive Damages

A $5M jury award in a trademark infringement case is uncommon enough. But what if the finder of fact found no damages or lost profits from the trademark and trade dress infringement, yet still awarded $5M in punitive damages to the plaintiff? In a recent case instituted by Monster…

November 19, 2018

Ancora v. HTC — Enfish Secured; Alice Abridged

The Queen of Hearts has been foiled, another software patent has dodged the sword, and in the process the Federal Circuit has penned another stroke on the sparse but developing map of Wonderland. As 2018 drew to a close, the Federal Circuit held that a patent directed towards improving…

November 12, 2018

Assignor Estoppel Does Not Apply To Ipris

The Federal Circuit held that an inventor could challenge his or her own patent via an inter partes review (“IPR”) based on the plain language of the statute authorizing IPRs. Arista Networks, Inc. (“Arista”) filed a petition for IPR of certain claims of U.S. Patent No. 7,340,597 (“the ’597…

November 5, 2018

Changes to the Claim Construction Standard for Interpreting Claims in Trial Proceedings Before the Patent Trial and Appeal Board

On October 11, 2018, the United States Patent and Trademark Office (“PTO”) published a final rule entitled “Changes to the Claim Construction Standard for Interpreting Claims in Trial Proceedings Before the Patent Trial and Appeal Board” (Dkt. No. PTO-P-2018-0036) relating to the patent review mechanisms introduced as part of…

January 1, 1970

Irwin IP at summit presented by the Illinois Supreme Court on Access to Justice

Two of Irwin IP’s 2022 Summer Associates, who will be joining as associates in the fall, Emad Mahou and Suet Lee, were invited to represent their law school in a summit presented by the Illinois Supreme Court on Access to Justice. They were privileged to meet Illinois Supreme Court…