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High Speed Adult Content is “Purposefully Directed”

Pointing to domain registration, hosting services, website compliance terms, and U.S. based users of a Hong Kong company’s internet business, the Ninth Circuit reversed dismissal of a Japanese company’s copyright suit for a lack of personal jurisdiction.  This precedential decision provides guidance regarding what constitutes sufficient jurisdictional contacts to…
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ABA Publishes Irwin IP Article

We are pleased that the American Bar Association’s Landslide Magazine (September/October 2022 issue) published our article: “A Proposal to Update US Customs’ Trademark Seizure Process to Prevent Misuse.” The article was written by IIP’s Barry Irwin, Lisa Holubar, Victoria Hanson, and IIP alum Chris Eggert. You can see the…
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Section 101 Survives Attack

On August 23, 2022, the Federal Circuit (“CAFC”) rejected an attack on the Alice/Mayo patent eligibility framework (“Alice/Mayo”), finding it was sufficiently defined based on judicial precedent to be usable in practice, was not arbitrary and capricious under the Administrative Procedure Act (“APA”) as the APA does not apply…
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Irwin IP Welcomes 2 New Associates

Alexander Bennett and Ariel Katz Irwin IP is pleased to welcome Alexander Bennett and Ariel Katz to our team. Both Alex and Ariel worked as Summer Associates in 2021 and continued to assist the firm as part – time law clerks during their 3L year. This Spring, Alex graduated…
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Barry F. Irwin Named 2023 Best Lawyers “Lawyer of the Year” in the Chicago Area

Irwin IP LLC attorney Barry F. Irwin was recently recognized by Best Lawyers® as the 2023 “Lawyer of the Year” both for Copyright Law and for Litigation – Patent.Only a single lawyer in each practice area and designated metropolitan area is honored as the “Lawyer of the Year,” making…
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3 Irwin IP LLC Lawyers Named to 2023 Best Lawyers: Ones to Watch

Irwin IP LLC is pleased to announce that 3 lawyers have been included in the 2023 Edition of Best Lawyers: Ones to Watch. Best Lawyers: Ones to Watch recognizes associates and other lawyers who are earlier in their careers for their outstanding professional excellence in private practice in the United…
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3 Irwin IP LLC Lawyers Named to 2023 Best Lawyers List

Irwin IP LLC is pleased to announce that 3 lawyers have been included in the 2023 edition of The Best Lawyers in America®. Since it was first published in 1983, Best Lawyers has become universally regarded as the definitive guide to legal excellence. “Best Lawyers was founded in 1981 with the…
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End Users’ Utilization of Copyrighted Work Largely Irrelevant for Fair Use

On July 13, 2022, the Ninth Circuit held that art editor Alan Wofsy’s use of copyrighted photographs in his series of books documenting Picasso’s artwork titled, The Picasso Project, was not protected by fair use. The copyrighted works at issue were photographs of the works of Pablo Picasso taken…
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Irwin IP LLC Attorneys Honored by Peers

Barry F. Irwin Joseph A. Saltiel Law Bulletin Media and its Leading Lawyers division announced that Barry F. Irwin and Joseph Saltiel have been honored by their peers in Leading Lawyers’ annual statewide survey. Barry Irwin has been named a Leading Lawyer for the 18th consecutive year. He was…
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Preliminary Injunction Entered Preventing Transfer of Allegedly Infringing Software With Sale of Company

On July 1, 2022, the Western District of Washington granted a motion for a preliminary injunction sought by Bungie, the owner of the popular video game “Destiny 2,” to stop certain cheat software created for the game from being transferred from the defendant in the case to an international,…
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Coca-Cola’s Trademark Challenge Fizzles Out

On June 29, 2022, the United States Court of Appeals for the Federal Circuit (“CAFC”) reversed the Trademark Trial and Appeal Board’s (“TTAB”) decision to cancel the U.S. registrations owned by beverage company Meenaxi Enterprise, Inc. because Coca-Cola, the challenger, did not have statutory standing.     This case involves…
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Irwin IP Obtains Successful Supplemental Claim Construction and Non-infringement for Days Corporation

Irwin IP is pleased to announce that on June 27, 2022, Honorable Philip P. Simon entered an Order granting Irwin IP client Days Corporation (“Days”), now known as EQ United, supplemental claim construction and non-infringement of over one third of the remaining claims asserted against Days.  In granting Days’…
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States Cannot Force Publishers to License Public Libraries

On June 13th, the District Court of Maryland protected publishers’ rights to control the distribution of their literary works when it declared unconstitutional a Maryland statute that requires publishers to license their electronic literary products, such as e-books and audiobooks, to Maryland public libraries. The statute states in part…
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CAFC Pours One Out for Lehman Brothers

The Court of Appeals for the Federal Circuit (“CAFC”) recently backed a Trademark Trial and Appeal Board (“TTAB”) decision sustaining Barclays’ opposition to Tiger Lily’s attempted registration of a satirical LEHMAN BROTHERS mark for bar and restaurant services (in particular, for whiskey), and sunk Tiger Lily’s opposition of Barclays’…
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New Senior Attorney Assistant Joins Irwin IP

Preethi Nayaganti Irwin IP is pleased to welcome Preethi Nayaganti to the team! Preethi is a Senior Attorney assistant at Irwin IP LLC since June 2022. She will work closely with and assist the Senior Attorneys at Irwin IP, while also handling other administrative tasks. We are excited to…
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Obvious Claim Error Does Not Excuse Willful Infringement

On June 3, 2022, the CAFC held that reliance on an “obvious minor clerical error” within a claim is not a defense to willful infringement.  CATR Co. sued Kingston Technology Co. (“Kingston”) for infringement of U.S. Patent No. 6,926,544 (“the ’544 Patent”) in the Central District of California (“the…
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Indefiniteness: Multiple Term Interpretations

In this appeal of an inter partes review (“IPR”) by the Patent Trial and Appeal Board (“PTAB”), the CAFC upheld the PTAB’s decision that the term “self-similar” in a substitute claim 57[1] of U.S. Patent No. 9,565,493 (the “‘493 Patent”) was not indefinite, among other issues.  The ‘493 Patent…
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Irwin IP Welcomes 2022 Summer Associates

Mackenzie Pike, Emad S. Mahou, Suet Lee, Dustin Dutchuk, and Drew Montemarano What does a former Syrian prisoner of war, a former Wisconsin Badgers’ Tuba player, a former English teacher for the Spanish Ministry of Education, a former Dallas Stars’ Dancer, and a former Army Officer all have in…
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Identifying Facial or Factual Challenges to Jurisdiction

In late 2019, Mitek Systems, Inc. (“Mitek”) filed for a declaratory judgment (DJ) that it did not infringe four USAA check imaging patents.  Following a transfer from the N.D. Cal. to the E.D. Tex., the district court dismissed the suit for a lack of subject matter jurisdiction.  The district…
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Court Slashes Punitive Damages Stemming from Third-Party Infringement Accusations, Leaves Compensatory Damages Untouched

In 2014, Toyo Tire Corporation (“Toyo”) brought a trade dress infringement lawsuit against Atturo Tire Corporation (“Atturo”).  Atturo alleged seven counterclaims based on actions Toyo took in an investigation brought before the United States International Trade Commission (“ITC”).  Specifically, those counterclaims stemmed from allegedly defamatory statements made during settlement…
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