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Articles by Andy Himebaugh
Challenging The Design Patent Obviousness Test: LKQ v. GM En Banc Oral Argument | JD Supra
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. (collectively, “LKQ”) in several design patent infringement matters, including this case against GM Global Technology Operations and by extension General Motors Co. (collectively, “GM”).
Navigating Intellectual Property for Creatives | JD Supra
May 8, 2024 To embed, copy and paste the code into your website or blog: This presentation examines the essential role of intellectual property law in the success of inventors, entrepreneurs, and content creators. Additionally, this presentation addresses common questions and concerns within these industries, offering a platform to seek personalized legal advice for unique situations. Please see full publication below for more information.
Illini Win to Fight Another Day for Disavowed Chief Illiniwek | JD Supra
The Board of Trustees of the University of Illinois v. Vintage Brand LLC and Sportswear Inc. d/b/a Prep Sport When an organization publicly disavows a trademark, does it turn over the mark to the public domain? Regarding the “Chief Illiniwek” Logo (“Chief Logo”), the Northern District of Illinois punted by denying Vintage Brand LLC and Sportswear Inc.’s (collectively, “Defendants”) motion for summary judgement that the mark was abandoned.
Olé! CAFC Rules Patent Bullfight Must Go On | JD Supra
The Court of Appeals for the Federal Circuit (“CAFC”) recently revived a patent infringement suit dismissed in the Western District of Wisconsin brought by Inguran, LLC (“Inguran”) against ABS Global, Inc. (“ABS”). The CAFC held that Inguran was not barred by claim preclusion from asserting claims of induced infringement against ABS even though the parties had already litigated direct infringement of the same patent claims.
Sanctions for Attorney Misconduct at a Dep: Fact or Fiction? | JD Supra
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 attorney for violating the rules.
CAFC Holds Priority Favors True Trailblazers, Not Maze-Like Paths Through a Forest of Prior Applications: Regents of the University of Minnesota v. Gilead Sciences, Inc., (Federal Circuit 2023) | Irwin IP LLP - JDSupra
The Court of Appeals for the Federal Circuit (“CAFC”) recently upheld a decision of the Patent Trial and Appeal Board (“PTAB”) that found some claims of U.S. Patent 8,815,830 (“the ’830 patent”) unpatentable as anticipated. The ’830 patent’s owner, the Regents of the University of Minnesota (“Minnesota”), argued before the PTAB that the petition for inter partes review filed by Gilead Sciences, Inc. (“Gilead”) relied on a prior art reference that did not have priority over the ’830 patent.
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