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Your search for ‘Irwin IP’ returned 31 results

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  • Article

    An Entrepreneur's Guide To IP: What To Protect And When To File (February 2026)

    This presentation, created by Robyn Bowland and Kyle Watson, will address how to think about intellectual property early in the business lifecycle, common IP missteps that can create operational or financial risk...
    United StatesIntellectual Property
    Irwin IP
    Irwin IP
  • Article

    Breach Of Contract, IP Rights, And Irreparable Harm: Lessons From The Third Circuit’s Stelara Decision

    The Third Circuit affirmed denial of an injunction to prevent a biosimilar manufacturer from launching a biosimilar version of the blockbuster drug, Stelara (ustekinumab), under a third-party’s private label.
    United StatesIntellectual Property
    Irwin IP
    Irwin IP
  • Article

    USPTO Denies Ex Parte Reexamination Based On Prior IPR Challenge

    The USPTO recently denied an ex parte reexamination request after determining that the requester was attempting to relitigate substantially the same prior art and invalidity arguments previously raised in an unsuccessful inter partes review petition.
    United StatesIntellectual Property
    Irwin IP
    Irwin IP
  • Article

    Lawsuit On Expired Patents Trapped By 8-Million-Dollar "Bad Faith" Bond

    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...
    United StatesIntellectual Property
    Irwin IP
    Irwin IP
  • Article

    Too Late To Antedate: A Sandbagging Strategy Struck

    In Implicit v. Sonos, the Federal Circuit affirmed the PTAB's refusal to let Implicit use post-decision certificates of correction to introduce a new antedating...
    AustraliaIntellectual Property
    Irwin IP
    Irwin IP
  • Article

    Absolute But Not Indefinite: Court Upholds Outcome-Oriented Patent Language

    In a recent decision that may surprise patent drafters and litigators alike, the Northern District of Illinois held that a patent claim using flexible, outcome-oriented language was not invalid...
    United StatesIntellectual Property
    Irwin IP
    Irwin IP
  • Article

    Facts Not Feelings: Is The Intrinsic Test Getting Inked Out?

    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...
    United StatesIntellectual Property
    Irwin IP
    Irwin IP
  • Article

    Marked For Dismissal: Settlement Licenses Sink NPE’s Pre-Suit Damages

    In VDPP, LLC v. Volkswagen Group of America, Inc., the Federal Circuit addressed whether a non-practicing entity that licenses its patent through settlement agreements must ensure those licensees comply with patent marking requirements under 35 U.S.C. § 287(a). The court's ruling clarifies that patent owners cannot avoid marking obligations simply because they don't manufacture products themselves...
    United StatesIntellectual Property
    Irwin IP
    Irwin IP
  • Article

    No Standing, No Case: Patent Ownership Must Be Airtight Before Filing

    After years of litigation, the Federal Circuit dismissed a patent infringement lawsuit because the plaintiff couldn't prove it owned the patents at the time it filed the suit. The decision in AIT v. Salesforce emphasizes...
    United StatesIntellectual Property
    Irwin IP
    Irwin IP
  • Article

    Bottom Line: “Bum Bum” Packaging Falls Flat On Trade Dress Protection

    A federal court ruled that Sol de Janeiro's distinctive jar packaging for its Brazilian Bum Bum Cream serves functional purposes and cannot be protected as trade dress under the Lanham Act.
    United StatesIntellectual Property
    Irwin IP
    Irwin IP
  • Article

    Déjà Sue: AI Summaries Fail To Dodge Copyright Infringement

    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...
    United StatesIntellectual Property
    Irwin IP
    Irwin IP
  • Article

    Federal Circuit Holds Different Claim Boundaries Are Not Necessarily Indefinite

    A long-running patent dispute between Teleflex and Medtronic recently ended by settlement after a remand that was unusual even for seasoned patent litigators.
    United StatesIntellectual Property
    Irwin IP
    Irwin IP
  • Article

    Lab Cells Built Different And Therefore Patentable

    Generally, someone may receive a patent for any new and useful process, machine, manufacture, or composition of matter.
    United StatesIntellectual Property
    Irwin IP
    Irwin IP
  • Article

    Rethinking Worldwide Copyright: Ownership And Termination After Vetter v. Resnik

    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...
    United StatesIntellectual Property
    Irwin IP
    Irwin IP
  • Article

    Priority Through Assignment: Federal Circuit Validates Mid-Opposition Acquisition Of Common Law Trademark Rights

    On December 10, the Federal Circuit affirmed the Trademark Trial and Appeal Board ("TTAB")'s decision to cancel Game Plan, Inc.
    United StatesIntellectual Property
    Irwin IP
    Irwin IP
  • Article

    Can A Trade Secret Go Platinum? Wu-Tang LP Might Be Trade Secret IP.

    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...
    United StatesIntellectual Property
    Irwin IP
    Irwin IP
  • Article

    Federal Circuit Vacates Statutory Damages Award, Reaffirms Copyright Owner's Right To Choose Form Of Relief

    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...
    United StatesIntellectual Property
    Irwin IP
    Irwin IP
  • Article

    Genericness Takes A Bite Out Of "Pizza Puff"

    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.
    United StatesIntellectual Property
    Irwin IP
    Irwin IP
  • Article

    Equitable Estoppel Does Not Waive Privilege

    In A.L.M. Holding Co. v. Zydex Industries Private Ltd., the district court refused to find waiver of attorney-client privilege that shielded pre-litigation communications with counsel even though the defendant...
    United StatesLitigation, Mediation & Arbitration
    Irwin IP
    Irwin IP
  • Article

    Federal Circuit Affirms $1 Nominal Damages Where Failure To Apportion Renders Damages Expert's Testimony Unreliable

    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.
    United StatesIntellectual Property
    Irwin IP
    Irwin IP
  • Showing 1–20 of 31 results

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