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Maybe The Third Time Is The Charm After All.

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

Standing in Limbo: What Platinum Optics v. Viavi Tells Us About IPR Appeals 

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

Isn’t It Obvious?  The Constitutional Origin of Patent Law’s Non-Obviousness Requirement

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

Challenging The Design Patent Obviousness Test: Debunking the Rationale for Low Rejection Rates 

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

EVERYBODY VS. PROFITEERS

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

Can You Sell a Patented Method? Perhaps… But Not Today

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

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