Barry F. Irwin

Attorney Profile

Top Rated Intellectual Property Litigation Attorney in Chicago, IL

Irwin IP LLC
 | 222 South Riverside Plaza, Suite 2350
Chicago, IL 60606
Phone: 312-667-6081
Selected To Super Lawyers: 2005 - 2020
Licensed Since: 1992
Practice Areas:
  • Intellectual Property Litigation (70%),
  • Intellectual Property (30%)
Attorney Profile

Barry Irwin is the founder of Irwin IP.  Barry has been litigating intellectual property and technology matters for twenty-five years. Barry began his legal career at a prestigious intellectual property boutique law firm.  Three years later, Barry joined one of the largest, most successful general practice firms in the world where he practiced intellectual property litigation for 18 years, the last fourteen as a partner, and the last ten as an equity partner.  In addition to his active litigation practice, Barry is an Adjunct Professor at Notre Dame Law School where he teaches both Patent Litigation and Advanced Copyright/Entertainment Law. Barry is also the Vice President of Lawyers for the Creative Arts. 

Barry has been a first-chair litigation attorney on high-stakes patent, copyright, trademark, trade secret, restrictive covenant, unfair competition, false advertising, and antitrust matters, including:

  • an offensive patent infringement action, winning $7.3 million, and obtaining a permanent injunction protecting a $100-million-per-year product line;

  • a $500 million, multi-patent infringement defense, winning a complete defense jury verdict;

  • two related multi-patent, false advertising and unfair competition defenses, winning summary judgment on patent claims, and the court announcing its intention to also grant summary judgment on the non-patent claims;

  • four different offensive trade secret/restrictive covenant matters, obtaining preliminary injunctions after multi-day evidentiary hearings, including a case of first impression where the court precluded a former sales representative from soliciting "high-volume" customers;

  • a trade secret defensive matter, obtaining summary judgment that 48 different allegedly misappropriated secrets were in the public domain, or not used by his client;

  • an offensive trademark infringement matter, obtaining a preliminary injunction after an evidentiary hearing;

  • an offensive trade dress infringement matter, obtaining summary judgment of trade dress infringement, and summary judgment on each of the defendants' Walker-Process antitrust, unfair competition, interference with contract and trade libel counterclaims; and

  • an offensive breach of fiduciary duty action, obtaining over $16 million of settlements.

 

Barry has also supported numerous other litigations (as second-chair or supporting roles) that resulted in jury verdicts, summary judgments, and injunctions being entered in favor of his clients.  

Barry is also counsel and advisor on Patent Office review proceedings and strengthening of intellectual property portfolios to protect key products, including broadening existing intellectual property portfolios and securing rights to third party intellectual property. 

In 2018, Barry was named one of the Top 100 Lawyers in Illinois, one of only seven intellectual property lawyers. In 2016, Chicago-based Lawyers for the Creative Arts, a not-for-profit organization that provides free and low-cost legal services to members of the various Illinois arts communities, named Barry the winner of its distinguished service to the arts award. In 2015, Barry received the rare distinction of being named a Fellow of the Litigation Counsel of America (LCA).  The LCA is an invitation-only honorary trial lawyer society composed of less than one-half of one percent of American lawyers.  LCA Fellows are selected based on their legal excellence and accomplishments in litigation and superior ethical reputations. Each year, for over a decade, Barry has been named a Leading Lawyer, and a Super Lawyer. Barry also received Martindale Hubbell’s highest ratings (AV and AV+) in his first years of eligibility and each year thereafter.

Barry has been a supervising attorney for numerous pro bono matters involving a broad range of issues and hundreds of attorney hours annually, including matters involving: the confinement conditions at a juvenile detention facility; employment discrimination; a trial of an aggravated assault charge resulting in acquittal; serving as guardian ad litem; and dozens of entertainment law matters.  

For approximately fifteen years, three times a year, Barry taught trial advocacy to Kirkland & Ellis associates participating in Kirkland's multi-day, immersive mock trial programs. 

 
Practice Areas
Lawyer Practice Area Pie Chart

Intellectual Property Litigation (70%)

Intellectual Property (30%): Copyrights, Patents, Trademarks, Intellectual Property Law

Focus Areas

Copyrights, Patents, Trademarks, Intellectual Property Law

Selections

Selected to Super Lawyers for 16 yearsbottom-image

Super Lawyers: 2005 - 2020

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About Barry Irwin

Admitted: 1992, Illinois

Professional Webpage: https://www.irwinip.com/barry-f-irwin

Honors/Awards:

  • AV+ Rated, Martindale Hubbell
  • Top 100 Lawyers in Illinois, Super Lawyers
  • Fellow, Litigation Counsel of America (LCA), 2015
  • Winner of Leavens Award, Chicago-based Lawyers for the Creative Arts, 2016
  • Super Lawyer (2004 - Present)
  • "Leading Lawyer" in Intellectual Property, Leading Lawyers Network, 2004-Present

Bar/Professional Activity:

  • District of Nevada, 2005
  • Northern District of California, 2011
  • Central District of California, 2015
  • Northern District of Ohio, 1994
  • Sixth Circuit, 1994
  • District of New Jersey, 2000
  • Indiana
  • Northern District of Indiana, 2005
  • Northern District of Pennsylvania, 2010
  • Western District of Tennessee, 2015
  • Northern District of Illinois 1992, Trial Bar, 1999
  • Federal Circuit, 1998
  • District of Delaware, 1998
  • U.S. Patent and Trademark Office
  • Northern District of Georgia, 2004
  • Southern District of New York, 2007
  • Southern District of California, 2013
  • Richard Linn American Inn of Court, Member
  • Western District of Michigan, 2016
  • Central District of Illinois, 1998
  • Seventh Circuit, 1994
  • District of Minnesota, 2001
  • Illinois

Pro bono/Community Service:

  • Chicago Legal Clinic, Volunteer Attorney
  • Diversity Law Institute, Member
  • Lawyers for the Creative Arts, Volunteer Attorney
  • Intellectual Property Institute, Member
  • Lawyers for the Creative Arts, Vice President
  • Trial Law Institute, Member
  • Notre Dame Club of Chicago, Attorney Networking Committee, Core Committee, Member

Scholarly Lectures/Writings:

  • DePaul Law School, Speaker, Implications of Festo (2001)
  • John Marshall Law School, Speaker, Contemporary Problems in Computer Law (passim)
  • Practicing Law Institute, Chair and Speaker, Understanding Basic Copyright Law (1999-2004)
  • Society of Automotive Engineers, Intellectual Property Law for Engineers (passim)
  • Practicing Law Institute, Speaker, Key Issues in Patent Infringement Litigation (2008)
  • Kirkland & Ellis Annual Retreat, Speaker, Alternative Dispute Resolution: Mediation, Arbitration and Summary Jury Trials (2008)
  • Kirkland & Ellis Advertising and Trademark Seminar, Speaker, New Developments and Recent Trends(2008), In the Court's Court (2003)
  • Nevada Bar Association, Speaker, Green Claims in Advertising (2008)
  • Illinois Math and Science Academy, Speaker, Protecting Your Ideas (2009)
  • American Bar Association, National Appellate Advocacy Competition, Judge (2011-present)
  • Houston Intellectual Property Law Institute, Speaker, Top Ten Developments in IP Licensing (2011)
  • IPO, Paper, Impact of the Misjoinder Provision of the America Invents Act (2011)
  • Notre Dame Intellectual Property Law Society, Emerging Issues in IP Law (2012)
  • IPLAC, Copyrighting Trademarks: Misuse or Fair Use: Omega S.A. v. Costco Wholesale Corporation, CV 04-5443 (2012)
  • Kirkland & Ellis Technology Seminar, Speaker, Northern District of Illinois - USPTO Post Grant Review Proceedings (2013, 2012); The Newest Local Patent Rules (2010), Protecting Yourself from Willfulness (2008), Copyright v. Technology? (2002), Digital Millennium Copyright Act (2000), Recent Developments in IP Law (1999)
  • Kirkland & Ellis, Kirkland Institute of Trial Advocacy, Instructor Judge (1999-2013, three times/year)
  • Linn Inn, Vice Chair/Presenter, Section 203 Termination Proceedings Under the Copyright Act (2013); Speaker, Civility and the Practice of Law (2011); Presenter, Designing Around Patents (2011); Vice Chair/Presenter, Ethical Issues Arising from Client Pitches (2010)
  • DuPage Community College, Copyright Law for Photographers (2014)
  • St. Joseph College, Will Copyright Survive in the Digital Age (2014)
  • LCA 2014 Bootcamp, Music Law 101 (2014)
  • Notre Dame Law School, Adjunct Professor, Patent Litigation (Spring semester), Advanced Copyright Law (Fall semester)(2012-present)

Representative Clients:

  • F.P. Rosback
  • Kapsch
  • LKQ
  • Aruze Gaming, Inc.
  • Nobel Biocare
  • Activision TV
  • Ranir
  • Swagway
  • Par-Kan Corp.
  • CVS
  • Wowza Media Systems
  • International Game Technology
  • Balance GFX
  • National Steel Car
  • Alcon Laboratories
  • Peripheral Devices Corp.
  • Smiths Medical
  • WorldGate Communications
  • Covidien
  • Fellowes
  • Massarelli Lawn Ornaments
  • Motorola, Inc.
  • AMF Bowling
  • Office Depot
  • Action Gaming
  • Shuffle Master, Inc.
  • Trading Technologies
  • Mark IV

Educational Background:

  • University of Notre Dame, B.S., Major: Aerospace Engineering, 1988

Industry Groups

  • Copyright Litigation
  • False Advertising Litigation
  • Non-compete Litigation
  • Patent Litigation
  • Trade Secret Litigation
  • Trademark Litigation
  • Unfair Competition Litigation
Find Me Online
Website - www.irwinip.com
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Office Location for Barry F. Irwin

222 South Riverside Plaza
Suite 2350
Chicago, IL 60606

Phone: 312-667-6081

Barry F. Irwin:

Last Updated: 9/16/2019

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