Irwin IP LLP

When does a published patent application qualify as prior art in IPRs? The Federal Circuit's latest decision clears the air: it’s all about the filing date, not when it becomes public. This ruling reinforces the role of published applications as a cornerstone of prior art, ensuring consistency and predictability for patent practitioners. Authors: Lisa Holubar & Emad Mahou To read the full article, visit: https://lnkd.in/ggneU_Uv

We love seeing entrepreneurs and IP lawyers collide! Yesterday, Reid Huefner and Suet Lee of Irwin IP LLP teamed up with the South Bend Entrepreneurship and Adversity Program, through the University of Notre Dame’s McKenna Center for Human Development and Global Business, for a presentation on how the appropriate use of IP can protect and enhance start-ups. Interwoven into the presentation were real business scenarios and the lively participants asked many questions, including about how to register for their trademarks and copyrights, works for hire and other IP licensing and assignment considerations, NDAs, and how they can safely use AI in their businesses. A special thank you also goes out to the program's director, Michael Morris, and the McKenna Center's program manager, Sue McDonald, for organizing the memorable event.   Doe you have IP questions? Or are you interested in having IP attorneys speak with your group? Contact Irwin IP LLP at office@irwinip.com, or any of the Irwin IP attorneys

In 2024, the patent law landscape underwent significant changes driven by landmark court decisions and the advent of emerging technologies. Major rulings from the Supreme Court, the Federal Circuit, District Courts, and the Patent and Trademark Office redefined existing patent frameworks, including a complete rewrite of the long-standing obviousness test for design patent invalidity. Our latest article by Reid Huefner and Bailey Sanders delves into these developments, focusing on themes emerging at the Federal Circuit regarding design patents, damages, validity, equitable defenses, attorney's fees, standing, and marking. Additionally, we explore the future of intellectual property rights, focusing on the implications of artificial intelligence and the ongoing legislative debates surrounding patent law reform. Don't miss out on these crucial insights: https://lnkd.in/gXwUB7_j #PatentLaw #IPLaw #IntellectualProperty #LegalInsights #EmergingTechnologies #ArtificialIntelligence #DesignPatents #PatentLegislation #LawAndTech

Irwin IP is pleased to announce that eight of our attorneys have been named as 2025 Illinois Super Lawyers by Thomson Reuters. This prestigious recognition highlights their dedication to excellence and their significant contributions to the field of intellectual property law. Among those recognized as Super Lawyers are Robyn Bowland, Lisa Holubar, Barry Irwin, and Joseph F. Marinelli. This marks Barry’s 21st year as a Super Lawyer, where he joins a distinguished group of attorneys who have been consistently recognized since the very beginning. Additionally, we are proud to announce that Alexander Bennett, Victoria Hanson, Nick Wheeler, and Daniel Zhang have been recognized as a Rising Star, a recognition that only 2.5 percent of lawyers in the state of Illinois are named. Congratulations to our exceptional team for this well-deserved acknowledgment! To read the full announcement, visit: https://lnkd.in/g4QWzSHY

The Federal Circuit poured out another decision favoring Cognac's certification mark, finding the TTAB's analysis of its fame a bit watered down. Citing errors in the Board's DuPont analysis—and addressing an issue of first impression—the case is being sent back for another round. Authors: Joseph F. Marinelli & Kyle C. Watson To read the full article, visit: https://lnkd.in/gBm7N-Y8

Irwin IP is pleased to announce that after extensive negotiations while representing one half of a southern rock duo, War Hippies, in his dispute with the other member of the band’s LLC, Reid Huefner, Alexa Tipton, and Katie Schelli successfully secured our client’s buy-out of his former partner’s share and protected the integrity of the band LLC. A band agreement—in this case, an LLC Operating Agreement—governing the management and business practices of the band, is essential to ensure that the musical group can stay focused on what matters most – its music. A comprehensive agreement will cover ownership rights in the band’s intellectual property, voting rights, member responsibilities, disbursements, as well as how the members will handle the dissolution and wind-up of the band in the case of disbandment. Fortunately for our client, the band did have an agreement that governed many of the bandmembers’ disputes. However, it failed to adequately address winding-up of the band, the LLC, and associated member responsibilities, thus leading to heightened discord during those negotiations. Although it may feel uncomfortable to plan for the end while starting a new venture with close bandmates, a band agreement that governs everyday practices and disputes is often essential to maintaining a harmonic relationship and a long career as musical partners. To read the full announcement, visit: https://lnkd.in/gP4MzrCQ

Irwin IP is pleased to announce that Barry Irwin, Michael Bregenzer, Lisa Holubar, Jason Keener, and Robyn Bowland have been recognized by Leading Lawyers, a prestigious division of Law Bulletin Media. This recognition reflects their exceptional skill, innovation, and commitment to delivering outstanding results in the field of intellectual property law. A special acknowledgment goes to our managing partner, Barry Irwin, who has earned this distinction every year since 2004. His consistent recognition underscores his dedication to excellence and his impact on the legal community. Leading Lawyers identifies the most respected and experienced attorneys through an extensive peer-review process and rigorous evaluation by an Advisory Board. To be included in this distinguished group is a significant achievement, and we are proud to see our attorneys acknowledged among the best in the profession. To read the full announcement, visit: https://lnkd.in/g3bp4BC5

Pink hip replacements are so out of fashion – it’s just how they look. This week, the Federal Circuit finds that the pink color of CeramTec’s hip replacements cannot serve as a source identifier because the pink color was the natural color of the optimal composition of the hip replacement. Authors: Robyn Bowland & Daniel Zhang To read the full article, visit: https://lnkd.in/getZCe6h

Irwin IP is pleased to announce that our article, authored by Robyn Bowland and Suet Lee, has been ranked #6 on JD Supra's list of the most widely read IP law-related news, analysis, and guidance for 2024. This article explores the Second Circuit's ruling that the Internet Archive's free e-book lending isn't fair use under the Copyright Act, impacting digitization practices. As we head into 2025, we are committed to continuing to provide valuable insights and updates in the world of IP law. Check out the full list and read the article below: https://lnkd.in/grrnaU35 If you'd like to read more Irwin IP publications, visit: https://lnkd.in/gtV7Y3zN #IP #IPlaw #intellectualpropertylitigation #copyright

From Christmas products to Christmas gifts, holidays are perhaps the most brand-focused time of the year. Here are five golden things to bear in mind for anyone seeking to protect their seasonal brands. Authors: Lisa Holubar & Victoria Hanson To read the full article, visit: https://lnkd.in/gkye7WTc #brandprotection #iplaw #trademarktips #legalinsights