Irwin IP LLP

Managing Member: Jason Keener

Members: Mike Bregenzer, Barry F. Irwin, Lisa Holubar, and Joseph Saltiel

Irwin IP LLP is a boutique litigation firm focusing on intellectual property and technology-related litigation. The firm represents clients in high-stakes, bet-the-company matters including enforcing and monetizing their intellectual property. Irwin IP not only handles cases through trial and appeal, but also has expertise in Patent Office validity challenges (reexaminations, IPRs, and PGRs), providing intellectual property counseling, and supporting merger and acquisition due diligence. For the fifth consecutive year, Irwin IP has been ranked as a Best Law Firm by Best Lawyers, a reflection of consistent quality and client trust. Irwin IP’s lawyers have been recognized for their professional achievements by Super Lawyers®, Leading Lawyers®, Best Lawyers ®, and Managing IP®.

Founded in 2014 by Barry Irwin, a former decade long equity partner of the top AmLaw firm in the United States, Irwin IP is built on a foundation of excellence. Its partners and senior attorneys hail from some of the world’s most prestigious law firms and have decades of high-stakes litigation experience, establishing Irwin IP as a powerhouse IP litigation boutique.

The firm represents a diverse clientele—from start-ups to Fortune 500 companies—and results speak for themselves. In just a short time, Irwin IP has secured numerous victories, including:

• a monumental win and a change to design patent law in a rare en banc Federal Circuit appeal where ten Federal Circuit judges unanimously concurred with Irwin IP’s arguments that the Federal Circuit’s long-standing approach to evaluating the obviousness of design patents was improper, resulting in the previous Federal Circuit opinion being vacated and the case being remanded for further proceedings consistent with the en banc panel’s ruling (LKQ v. GM);
• two of the largest cases in the history of the International Trade Commission (ITC), which included obtaining the first ever 100-day expedited proceedings (on the domestic industry issue) and, after largely adverse administrative law judge determinations, the full ITC agreeing with Irwin IP’s client, LKQ, on the domestic industry issue and LKQ prevailing on all 41 design patents asserted by Hyundai and Kia;
• a multi-patent defensive matter for a medical products company where Irwin IP defeated a Fortune 50 company’s effort to enjoin sales of its client’s medical product for allegedly infringing patents that had survived numerous prior invalidity challenges and that were the foundation for a $1 billion/year market.

As of June 1, 2025, Irwin IP LLP is joining Miller Johnson, a full-service law firm with a strong reputation for legal excellence and a deep commitment to client service and community impact. This marks an exciting next chapter for our team, clients, and practice. This combination brings together a shared culture of integrity, collaboration, and excellence, while also creating one of the largest IP litigation teams of any Michigan-based law firm. Together, our 25 team members join a growing firm of over 270 professionals, including 178 attorneys across Michigan, Illinois, and Ohio.

Irwin IP's practice groups include:

Utility and Design Patent

Irwin IP is a premier intellectual property litigation firm with extensive experience handling both utility and design patent disputes across diverse industries. Our firm has successfully represented clients against some of the largest and most prestigious law firms, securing multi-million dollar verdicts, prevailing in high-stakes trials, and resolving complex matters through early dispositive motions. We specialize in identifying and deploying strategic litigation approaches to expedite resolutions while maintaining aggressive enforcement and defense strategies. In utility patent matters, we have defended market-leading innovations, achieved landmark victories, and enforced patent rights for clients ranging from startups to Fortune 500 companies. In design patent disputes, an area unfamiliar to many patent practitioners, Irwin IP is uniquely positioned as a preeminent firm, navigating litigation before U.S. District Courts, the ITC, the PTAB, and the Federal Circuit. We have represented clients seeking licenses for thousands of design patents, successfully defended against infringement claims, and obtained injunctions and attorney fee awards for patent owners and exclusive licensees.

Given the rarity and complexity of design patent law, Irwin IP offers unmatched expertise in this nuanced field, which requires distinct litigation strategies separate from utility patent cases. Our firm leads offensive invalidity and noninfringement challenges, proactively confronting design patent holders when strategic boldness is required. Beyond litigation, we have resolved numerous design patent disputes outside of court in a cost-effective, favorable manner, ensuring optimal outcomes for our clients. Our mastery of design patent law, an area often overlooked by general patent practitioners, has positioned us as leaders in the field. Irwin IP has the resources, talent, and strategic insight to litigate any patent infringement or validity matter, regardless of its complexity or the size of the adversary.

Trademark and Advertising

Irwin IP understands that your brand, trademarks, and the goodwill they represent are among your company’s most valuable assets. Our attorneys are highly experienced in litigating trademark and false advertising disputes under the Lanham Act and related state unfair competition laws. We recognize that these matters often require urgent action, such as preliminary injunctions or TRO proceedings, and we are prepared to work tirelessly to defend and protect your company’s reputation.

Irwin IP has successfully represented clients in numerous high-stakes trademark and advertising disputes and is adept at safeguarding brands in cyberspace. We routinely handle domain name and cybersquatting disputes, advocating for clients in UDRP arbitration and federal courts nationwide.

Copyright

Irwin IP has a long and successful history in copyright infringement litigation, handling complex disputes across a diverse range of industries, including software, financial services, fitness equipment, engineering schematics, entertainment and media, toys and games, sculptural works, and automotive parts. Our expertise is recognized even within the legal industry—when a premier intellectual property law firm faced copyright litigation, it turned to Barry Irwin and Irwin IP to lead its defense. Clients rely on us for full-service copyright protection, including litigation, enforcement, and strategic defense.

Irwin IP represents corporations and individuals in all phases of litigation, from securing and defeating TROs and preliminary injunctions to trial and appeals. We also have deep experience in Digital Millennium Copyright Act (DMCA) litigation, defending and enforcing rights in an evolving digital landscape. Our attorneys craft strategic legal approaches with business interests in mind, ensuring optimal outcomes. And when it comes to trial, Irwin IP attorneys have the experience and track record to win high-stakes copyright cases.

Trade Secret, NDA, and Non-Complete

Irwin IP has successfully protected trade secrets from unlawful misappropriation and enforced non-compete agreements, not only safeguarding clients' businesses but also shaping new legal precedents. Our firm has also defended clients against allegations of wrongful misappropriation and non-compete violations, ensuring they can continue operating and selling key product lines.

As with trademark and advertising disputes, trade secret and non-compete matters often demand urgent legal action, including preliminary injunctions and TRO proceedings. Irwin IP is prepared to aggressively pursue or defend these critical cases, ensuring swift and effective protection of our clients' business interests.

Customs and Border Protection

Irwin IP has unparalleled experience in navigating U.S. Customs and Border Protection (CBP) disputes, leveraging both substantive intellectual property law and Customs’ procedural law to give our clients a strategic advantage. Customs has the authority to exclude, detain, or seize merchandise deemed counterfeit, and our firm is uniquely positioned to both defend importers against wrongful detentions and enforce IP rights by preventing illegal imports that threaten market positions.

On the enforcement side, Irwin IP proactively identifies infringers and educates Customs officials to ensure that counterfeit products are stopped at the U.S. border. For wrongful detentions and seizures, we guide clients through the entire legal process—administrative petitions, informal negotiations with Customs officers, and litigation to contest forfeitures or exclusions. Whether protecting legitimate imports or securing Customs intervention against counterfeit goods, Irwin IP is a trusted leader in CBP-related intellectual property disputes.

Patent Office Validity Challenges

Irwin IP is a leader in Patent Trial and Appeal Board (PTAB) litigation, successfully handling Inter Partes Reviews (IPRs) and Post-Grant Reviews (PGRs) under the America Invents Act (AIA). These streamlined proceedings offer an expedited and cost-effective means to challenge patent validity, and Irwin IP has built a proven track record of success in both offensive and defensive cases. In addition to PTAB proceedings, our firm is highly skilled in Patent Office reexaminations, another strategic pathway for challenging patents efficiently.

Irwin IP has secured institution of IPRs and PGRs against some of the most formidable opponents, including Fortune 50 and Fortune 20 companies, even when patents had previously survived multiple validity challenges. Our expertise in PTAB litigation allows us to craft sound legal strategies tailored to each client’s needs, whether challenging wrongful enforcement or defending valuable patents. Irwin IP’s deep understanding of PTAB processes ensures clients receive comprehensive, effective representation in patent validity disputes.

Arts and Entertainment

Irwin IP has substantial expertise advising artists and entertainers, providing comprehensive legal support across music, photography, sculpture, modeling, and entertainment industries. Our attorneys have represented numerous musicians and bands in drafting and negotiating key agreements such as Band Operating Agreements, Performance Contracts, Recording Contracts, Management Agreements, and Synchronization Licenses for clients including Ali Baba’s Tahini, Bones Jugs & Harmony, Hayward Williams, Hoo Doo Groove, Kommunity FK, Mushroomhead Experience, Northwest Choral Society, and Scott Wesley.

Irwin IP has also protected the intellectual property rights of world-renowned photographers, including Cesar Russ and Tosca Radigonda, securing copyright registrations, enforcing copyrights, and negotiating model release and license agreements. We have successfully litigated cases involving unauthorized distribution of music, unlawful use of photographs, and art copyright infringement, securing favorable settlements, judgments, and attorney fee awards. Additionally, Irwin IP represents Pacific Records, an industry-leading label that has signed internationally acclaimed artists such as Lindsay Perry, Lito Romero, Men & Gods, and Sandollar.

Beyond litigation, Irwin IP assists modeling agencies, arts foundations, and creative professionals in navigating copyright registrations, contract negotiations, DMCA take-down enforcement, licensing agreements, and risk management for the creation and distribution of artistic works. Our firm is committed to protecting the rights of artists and creatives, ensuring they can confidently manage, enforce, and defend their intellectual property.

150 N Wacker Drive, Suite 700, Chicago, IL, 60606

(312) 667-6080

[email protected]