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,…
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 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…
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…
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’ claim to the original…
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…
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…
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…
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…
On April 29, 2022, the CAFC vacated an inter partes review decision, where the Patent Trial and Appeal Board refused to invalidate Intuitive Surgical Operation, Inc. (“Intuitive”)’s patent, related to instrument swapping in robotic surgery systems, as obvious. The Board determined that Auris Health Inc. (Auris)’s asserted prior art…
In a design patent infringement dispute between California Costume Collections, Inc. (“CCC”) and Pandaloon, LLC (“Pandaloon”), Judge Holcomb of Central District of California granted Pandaloon’s motion to dismiss CCC’s claim that U.S. Design Patent No. D806,325 (“the ’325 patent”) for a “Pet Costume” was unenforceable due to inequitable conduct….
While a website owner may not want competitors scraping information from their system, it may not be a violation of the Computer Fraud and Abuse Act (“CFAA”) unless the website owner has “gates-up.” The Ninth Circuit recently upheld a preliminary injunction preventing LinkedIn Corp (“LinkedIn”) from denying hiQ Labs,…
In a decision designated precedential on March 29, the USPTO refused to grant Jasmin Larian trade dress protection for her popular handbag design because the design was generic and nondistinctive. But, the USPTO granted somebody else a design patent claiming that same bag design on an application filed months after Larian’s trade dress…
The United States District Court for the Northern District of California (“the Court”) recently granted Google’s motion to dismiss Sonos’ claims for willful and indirect infringement for insufficient pleading. In doing so, the Court made the unusual move of sua sponte certifying its decision for interlocutory review. Regarding willful…
In a trademark infringement dispute between Bluetooth and Fiat Chrysler Automobiles (“FCA”), the Ninth Circuit vacated the District Court for the Western District of Washington’s order granting partial summary judgment that the first sale doctrine did not apply to the Bluetooth’s trademark claims. Instead, the Ninth Circuit found that…
The instant appeal stems from a dispute between Complainant Broadcom Corporation (“Broadcom”) and Respondents Renesas Electronics Corporation and Renesas Electronics America, Inc., among other respondents, in a 19 U.S.C. § 1337 (“Section 337”) Investigation at the International Trade Commission (“the Commission”) involving U.S. Patent No. 7,437,583 (“the ‘583 patent”),…
Holding all claims related to homemade bread failed as a matter of law, the 10th Circuit upheld summary judgment of no trade dress infringement and reversed verdicts for misappropriation and false advertising. Grandma Sycamore’s Home-Made Bread started tantalizing taste buds in Utah in 1979. Leland Sycamore created the recipe,…
On March 10, 2022, the Ninth Circuit (“the court”) held that the similarities between the ostinatos (the repeating musical phrases) of the songs “Joyful Noise” from Christian hip-hop artists Marcus Gray, Emanuel Lamber, and Chike Ojukwu (collectively “Gray”) and “Dark Horse” by Katheryn Hudson (“Katy Perry”) were not protectible…
Recently, the Supreme Court held that “[l]ack of knowledge of either fact or law can excuse an inaccuracy in a copyright registration,” as “§411(b) [of the Copyright Act] does not distinguish between a mistake of law and a mistake of fact.” Fabric designer Unicolors sued retailer H&M for copyright…
The instant case shows how a district court applied the “customer-suit exception” in a patent infringement suit. Normally, courts give priority to a prior-filed action over a later-filed action. This is commonly known as the “first-filed rule.” However, in the context of patent litigation, the “customer-suit exception” provides an…
On February 11, 2022, the Western District of Texas considered the venue implications of Covid-19 remote work policies. The Court held that while Covid-19 did not change venue law, a company’s temporary lack of a physical office during Covid-19 caused the Court to have improper venue. The Court accordingly…