Author Info for Irwin IP LLP

Alexander Bennett

Unreliable Expert Testimony Shall Not Pass

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

Appeals, CAFC, Damages, Evidence, Expert Testimony

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Robyn Bowland

NDIL Shreds the “Schedule A” Playbook: Specificity Required

Eicher Motors Limited v. Partnerships & Unincorporated Ass’ns Identified on Schedule “A”, No. 25cv02937 (N.D. Ill. Aug. 8, 2025) - For years, the Northern District of Illinois has served as the hub for “Schedule A” cases—mass… more

Due Process, Ex Parte, Federal Rules of Civil Procedure, Injunctive Relief, Joinder

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Michael Bregenzer

“Nationwide” Injunctions Are Still Available In Patent Cases, But Its Scope May Be Impacted

Trump v. CASA, Inc., 145 S. Ct. 2540 (2025) In patent cases, successful patent owners can obtain an injunction against an infringer to prevent the infringer from making, using, and selling the infringing product in the… more

Injunctions, Intellectual Property Litigation, Judicial Authority, Patent Infringement, Patent Litigation

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Michael Carwin

The Pitfalls of Proprietary Information: Boeing Hit With $72M Trade Secrets Verdict

Zunum Aero, Inc. v. The Boeing Company et al., No. 2:21-CV-00896-JLR, (W.D. Wash. May 30, 2024) - A Washington jury recently issued a $72 million verdict in favor of Zunum Aero Inc. (“Zunum”), a now-defunct aerospace… more

Boeing, Confidential Information, Intellectual Property Litigation, Intellectual Property Protection, Misappropriation

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Andrew Gordon-Seifert

Is an Arrangement of Source Code Protectable?

Compulife Software, Inc. v. Newman, No. 21-14071, 2024 WL 3611013 (11th Cir. Aug. 1, 2024) - On August 1, 2024, the Eleventh Circuit Court of Appeals issued a ruling that affirmed a trade secret claim, but reversed and… more

Copyright, Copyright Infringement, Intellectual Property Litigation, Intellectual Property Protection, Trade Secrets

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Victoria Hanson

Finding The Right Fit: The Test for Color Marks

In Re: PT Medisafe Technologies, No. 2023-1573 (Fed. Cir. April 29, 2025) - On April 29, 2025, the Federal Circuit adopted a test from the Trademark Trial and Appeal Board (“TTAB”) for determining whether a color mark is… more

Generic Marks, Goods or Services, Intellectual Property Litigation, Intellectual Property Protection, Trademark Litigation

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Anthony Hao

Hey Siri, Are You A Tangible Product? Delaware Judge Said No

IPA Technologies Inc. v. Microsoft Corporation, No. CV 18-1-RGA, 2024 WL 1797394 (D. Del. Apr. 25, 2024) - On April 25, 2024, Judge Richard G. Andrews from District of Delaware found that Siri, the digital assistant produced… more

Intellectual Property Protection, Patent Infringement, Patent Litigation, Patents

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Andy Himebaugh

Challenging The Design Patent Obviousness Test: LKQ v. GM En Banc Oral Argument

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

Intellectual Property Protection, Obviousness, Patent Infringement, Patent Litigation, Patent Trial and Appeal Board

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Lisa Holubar

Whatever Will Be, Will Be: Sixth Circuit Approves Daughter’s Effort to Reclaim Copyrights Over Her Own Daughter’s Objection, But Concurrence Questions the Viability of Such Efforts

In 1984, acclaimed composer Jay Livingston assigned his interests in numerous musical compositions, including the classics “Silver Bells” and “Que Sera, Sera” to a publishing company called Jay Livingston Music (“JLM”). In… more

Authorship, Copyright, Copyright Litigation, Entertainment Industry, Music Industry

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Reid Huefner

2025 Mid-Year Report - Top Ten Intellectual Property Cases Of 2025 (So Far)

We have passed the midpoint of 2025, and the landscape of intellectual property law continues to evolve at a rapid pace, shaped by emerging technologies, and shifting judicial interpretations. From pivotal Supreme Court… more

Artificial Intelligence, Copyright, Copyright Infringement, Intellectual Property Litigation, Inter Partes Review (IPR) Proceeding

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Barry Irwin

Challenging The Design Patent Obviousness Test: LKQ v. GM En Banc Oral Argument

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

Intellectual Property Protection, Obviousness, Patent Infringement, Patent Litigation, Patent Trial and Appeal Board

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Suet Lee

Masimo Suit Highlights Potentially Abusive CBP Power

U.S. International Trade Commission; Limited Exclusion Order; Investigation No. 337-TA-1276; Certain Light-Based Physiological Measurement Devices and Components Thereof (Aug. 1, 2025) - Parties that believe their U.S… more

Administrative Procedure Act, Customs and Border Protection, Due Process, Imports, Intellectual Property Litigation

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Emad Mahou

Post-Trial Roadmap on What Not to Do After a Failed Deal

Propel c. Phillips 66, No. 22CV007197 (Cal. Super. Ct. July 30, 2025) - What went wrong is plain from the record. Phillips 66 courted Propel, obtained deep access to Propel’s models and strategy during diligence, and… more

Acquisitions, Business Litigation, Confidential Information, Corporate Misconduct, Damages

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Joseph Marinelli

NDIL Hits Pause: “Schedule A” Suits Face New Scrutiny

R Corp. v. P’ships & Unincorporated Ass’ns Identified in Schedule A, Case No. 1:25-cv-06337 (N.D. Ill. June 9, 2025) - The Northern District of Illinois (“NDIL”) has been a hotbed for “Schedule A” litigation—a legal tactic… more

Federal Rules of Civil Procedure, Injunctions, Intellectual Property Litigation, Joinder, Judicial Authority

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Adam Reis

The Pitfalls of Proprietary Information: Boeing Hit With $72M Trade Secrets Verdict

Zunum Aero, Inc. v. The Boeing Company et al., No. 2:21-CV-00896-JLR, (W.D. Wash. May 30, 2024) - A Washington jury recently issued a $72 million verdict in favor of Zunum Aero Inc. (“Zunum”), a now-defunct aerospace… more

Boeing, Confidential Information, Intellectual Property Litigation, Intellectual Property Protection, Misappropriation

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Joseph Saltiel

Masimo Suit Highlights Potentially Abusive CBP Power

U.S. International Trade Commission; Limited Exclusion Order; Investigation No. 337-TA-1276; Certain Light-Based Physiological Measurement Devices and Components Thereof (Aug. 1, 2025) - Parties that believe their U.S… more

Administrative Procedure Act, Customs and Border Protection, Due Process, Imports, Intellectual Property Litigation

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Bailey Sanders

2025 Mid-Year Report - Top Ten Intellectual Property Cases Of 2025 (So Far)

We have passed the midpoint of 2025, and the landscape of intellectual property law continues to evolve at a rapid pace, shaped by emerging technologies, and shifting judicial interpretations. From pivotal Supreme Court… more

Artificial Intelligence, Copyright, Copyright Infringement, Intellectual Property Litigation, Inter Partes Review (IPR) Proceeding

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Katie Schelli

NDIL Hits Pause: “Schedule A” Suits Face New Scrutiny

R Corp. v. P’ships & Unincorporated Ass’ns Identified in Schedule A, Case No. 1:25-cv-06337 (N.D. Ill. June 9, 2025) - The Northern District of Illinois (“NDIL”) has been a hotbed for “Schedule A” litigation—a legal tactic… more

Federal Rules of Civil Procedure, Injunctions, Intellectual Property Litigation, Joinder, Judicial Authority

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Alexa Tipton

Bundle to Save: Spotify Avoids Royalties to Musicians

Mechanical Licensing Collective v. Spotify USA Inc., Case No. 24 Civ. 3809 (S.D.N.Y. Jan. 29, 2025) - On January 29, 2025, the Southern District of New York dismissed a lawsuit filed against Spotify for allegedly failing to… more

Copyright, Copyright Litigation, Music Industry, Music Streaming, Online Platforms

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Kyle Watson

NDIL Shreds the “Schedule A” Playbook: Specificity Required

Eicher Motors Limited v. Partnerships & Unincorporated Ass’ns Identified on Schedule “A”, No. 25cv02937 (N.D. Ill. Aug. 8, 2025) - For years, the Northern District of Illinois has served as the hub for “Schedule A” cases—mass… more

Due Process, Ex Parte, Federal Rules of Civil Procedure, Injunctive Relief, Joinder

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Nick Wheeler

“Nationwide” Injunctions Are Still Available In Patent Cases, But Its Scope May Be Impacted

Trump v. CASA, Inc., 145 S. Ct. 2540 (2025) In patent cases, successful patent owners can obtain an injunction against an infringer to prevent the infringer from making, using, and selling the infringing product in the… more

Injunctions, Intellectual Property Litigation, Judicial Authority, Patent Infringement, Patent Litigation

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Ifti Zaim

Arguments in Prosecution History Limit Design Patents Too

The USPTO must reject a patent application if the applicant’s claim covers what the prior art already disclosed, and patent applicants may respond to such rejections with arguments that what they claimed was different… more

CAFC, Claim Construction, Design Patent, Intellectual Property Protection, Patent Applications

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Daniel Zhang

Arguments in Prosecution History Limit Design Patents Too

The USPTO must reject a patent application if the applicant’s claim covers what the prior art already disclosed, and patent applicants may respond to such rejections with arguments that what they claimed was different… more

CAFC, Claim Construction, Design Patent, Intellectual Property Protection, Patent Applications

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