On May 21, 2025, the Federal Circuit en banc banished the notion that the reliability of an expert’s methodology under Federal Rule of Evidence 702 (“Rule 702”) is a question of weight, not admissibility. The en banc Court...more
Cardinal Motors, Inc. v. H&H Sports Protection USA Inc., No. 23-cv-7586 (2d Cir. Feb. 6, 2025) -
On February 6, 2025, the Second Circuit held that the “articulation requirement” for a trade dress complaint—a pleading...more
Nokia of America Corp. v. Alexander Soto and Walter Soto, IPR2023-00680, IPR2023-00681, IPR2023-00682 (P.T.A.B. Dec. 3, 2024) -
On December 3, 2024, USPTO Director Kathi Vidal, for a second time, granted Director Review...more
Platinum Optics Tech. Inc. v. Viavi Solutions Inc., 2024 WL 3836107 (Fed. Cir. 2024) -
On August 24, 2024, the United States Court of Appeals for the Federal Circuit (CAFC) dismissed an appeal for lack of standing after a...more
Insulet Corp. v. EOFlow, Co. Ltd., 2024-1137 (Fed. Cir. June 17, 2024) -
The Court of Appeals for the Federal Circuit (“CAFC”) recently reversed the U.S. District Court for the District of Massachusetts (“District...more
Patents are prohibited from claiming inventions that would have been obvious to a person having ordinary skill in the art (“POSITA”). This non-obviousness requirement is an application of the Constitution’s limitations on...more
LKQ Corporation, Keystone Automotive v. GM Global Technology Operations LLC -
As an initial disclaimer, Irwin IP LLP is privileged to be lead counsel for LKQ Corporation and Keystone Automotive Industries, Inc....more
In Re: Go & Associates, LLC, No. 2022-1961 (Fed. Cir. Jan. 22, 2024) -
In an opinion made precedential at the PTAB’s request, the Court of Appeals for the Federal Circuit (“CAFC”) affirmed a PTAB determination that a...more
On remand from the Sixth Circuit, the Eastern District of Michigan (“District Court”) declined FCA US LLC’s (“Jeep”) motion to enjoin importation of rival automaker Mahindra’s post-2020 ROXOR utility terrain vehicle (“UTV”). ...more
In a highly anticipated ruling, the Supreme Court found that the Andy Warhol Foundation (“AWF”)’s licensing of “Orange Prince” to Condé Nast was not “fair use” of a Lynn Goldsmith photograph that served as the basis for Andy...more
James Corey Goode, et al v. Roger Richards Ramsaur, et al, (D. Col. 2023) -
Few litigation events cause tempers to flare as surely as depositions, but only once in a blue moon, it seems, will a Court take action against an...more
On March 24, 2023, the Southern District of New York held that the Internet Archive (“IA”)’s digitization and lending online of the Hatchette Book Group (“Publishers”)’s copyrighted physical books infringed Publishers’...more
5/8/2023
/ Authors ,
Books ,
Copyright ,
Copyright Infringement ,
Copyright Litigation ,
Digital Media ,
Digital Platform Liability ,
Fair Use ,
Intellectual Property Protection ,
Libraries ,
Publishers
F45 Training Pty Ltd. v. Body Fit Training USA Inc., 2022 WL 17177621 (D. Del. Nov. 17, 2022) -
On November 17, 2022, the District of Delaware adjudicated a perfect storm of international patent enforcement: a method claim...more