Irwin IP LLP

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150 N Wacker Drive
Suite 700
Chicago, Illinois 60606, United States
Phone: (312) 667-6080
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  • Illinois
Number of Attorneys
11-24 Attorneys

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
 /  Art, Entertainment, & Sports Law, Civil Procedure, Intellectual Property

A Black Flag For Authors: AI Training Ruled Fair Use

Bartz et al. v. Anthropic PBC, No. C 24-05417 (N.D. Cal. 2025) - In Bartz et al. v. Anthropic, the U.S. District Court for the Northern District of California considered whether Anthropic’s use of copyrighted books—many…more
 /  Intellectual Property, Science, Computers, & Technology

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
 /  Civil Procedure, Intellectual Property

No Rhythm, No Review: USPTO Director Skips a Beat on IPRs. 

iRhythm Technologies, Inc., v. Welch Allyn, Inc., IPR2025-00363, IPR2025-00374, IPR2025-00376, IPR2025-00377, IPR2025-00378 (P.T.A.B. June 6, 2025) - On June 6, 2025, United States Patent and Trademark Office (“USPTO”) Acting…more
 /  Administrative Law, Intellectual Property

Seeing Double?  Similar Claim Terms Could Be Trouble  

When prosecuting a patent with similar language across various claims make sure your claim terms have different meanings, otherwise, during litigation you may lose the strategic opportunity to keep some claims valid if others…more
 /  Intellectual Property, Science, Computers, & Technology

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
 /  Civil Procedure, Intellectual Property

CAFC Cleaves ‘Conception’ from ‘Reduction to Practice’: Conception Requires Neither Certainty Invention Will Work Nor Successful Experiment

Regents of the Univ. of California v. Broad Inst., Inc., No. 2022-1594, 2025 WL 1363125 (Fed. Cir. May 12, 2025) - On May 12, 2025, the U.S. Court of Appeals for the Federal Circuit vacated the Patent Trial and Appeals…more
 /  Administrative Law, Intellectual Property, Science, Computers, & Technology

Fair Shot at Privity: Director Reverses PTAB on Discovery Ruling 

Semiconductor Components Indus., LLC v. Greenthread LLC, IPR2023-01242, -01243, -01244 (USPTO Apr. 30, 2025) - The USPTO Director’s recent decision in Semiconductor Components v. Greenthread squarely addresses a recurring…more
 /  Administrative Law, Civil Procedure, Intellectual Property

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
 /  Administrative Law, Intellectual Property

Cut! GoPro Can’t Keep Cameras Rolling After IPR Estoppel.

Contour IP Holdings, LLC, v. GoPro, Inc., Case No. 17-cv-04738-WHO (N.D. Cal. March 24, 2025) - The estoppel provision of the American Invents Act (AIA) (35 U.S.C. § 315(e)(2)) prevents a petitioner in an inter parties review…more
 /  Administrative Law, Civil Procedure, Intellectual Property

Your “Chicken Scratch” May Be Confusing 

In Re R.S. Lipman Brewing Co., LLC, 2025 WL 1099603 (Fed. Cir. Apr. 14, 2025) - Be careful when selecting a name for your product, otherwise you might find yourself cooked at the United States Patent and Trademark Office…more
 /  Administrative Law, Intellectual Property

Server Test in the Spotlight: What You See or How You See It?

Elliot McGucken v. Valnet, Inc., No. 24-1040 (U.S. filed Mar. 28, 2025) - Introduction - In the Magician’s Nephew, C.S. Lewis wrote that “[w]hat you see… depends a good deal on where you are standing….,” but is the…more
 /  Communications & Media Law, Intellectual Property, Science, Computers, & Technology

“Consisting of” Consequences: Prosecution Disclaimers Outweigh Pretrial Stipulations 

The Federal Circuit recently opined on whether a stipulation in litigation can overcome a disclaimer made during the prosecution history of a patent. The Hatch-Waxman Act allows generic drug companies to use clinical results…more
 /  Administrative Law, Health, Intellectual Property, Science, Computers, & Technology

Federal Circuit Finds Loophole Allowing Patents To Cover Later Developed Technologies

In re Entresto, 125 F.4th 1090 (Fed. Cir. 2025) - After Novartis’ patent on the blockbuster blood pressure medication Entresto was found invalid at the district court for covering technology that was developed after the…more
 /  Intellectual Property, Science, Computers, & Technology

Federal Circuit Finds Against Generics Where Hatch-Waxman's Full Five-Year Extension Fixes Delay For Pharmaceutical FDA-Review  

Merck Sharp & Dohm B.V. v. Aurobindo Pharma USA, Inc. et al (Fed. Cir. March 13, 2025) - The Hatch-Waxman Act seeks to strike a balance in the pharmaceutical industry by incentivizing drugs makers to develop innovative drugs…more
 /  Administrative Law, Health, Intellectual Property, Science, Computers, & Technology
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