Fitch, Even, Tabin & Flannery LLP

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120 South LaSalle Street
Suite 2100
Chicago, IL 60603, United States
Phone: (312) 577.7000
Fax: (312) 577.7007
Areas Of Practice
  • Appellate Practice
  • Art, Entertainment, & Sports Law
  • Business Torts
  • Communications & Media Law
  • Intellectual Property
  • International Law & Trade
  • Litigation
  • Privacy
  • Science, Computers, & Tech
Locations
Other U.S. Locations
  • California
  • D.C.
  • Illinois
Number of Attorneys
51-99 Attorneys

You Can’t Fix What You Can’t Find: Inventorship Lessons from Fortress v. Digger

On April 2, in Fortress Iron, LP v. Digger Specialties, Inc., the Federal Circuit affirmed the district court’s holding that incorrect inventorship rendered two patents owned by Fortress Iron, LP (Fortress) invalid. The key… more
 /  Intellectual Property

Supreme Court Narrows Contributory Copyright Liability for ISPs

On March 25, the U.S. Supreme Court held that an internet service provider (ISP) may be contributorily liable for a user’s copyright infringement only if the ISP intended for its service to be used for infringement or if the… more
 /  Communications & Media Law, Intellectual Property

USPTO Director Issues Guidance Favoring Small Businesses and U.S. Ties in IPRs and PGRs

On March 11, USPTO Director John Squires issued a memorandum encouraging small businesses that have been sued for infringement and companies with significant manufacturing investments in the United States to identify themselves… more
 /  Administrative Law, Intellectual Property

ICANN Opens Path for dotBrand Top‑Level Domains in 2026 Application Round

Brand owners will soon have a rare opportunity to own their brand name as a domain extension. The Internet Corporation for Assigned Names and Numbers (ICANN) is preparing to accept applications for “dotBrand” generic top-level… more
 /  Intellectual Property, Science, Computers, & Technology

SDNY Rejects Privilege and Work Product in the Context of Consumer Generative AI Use

In a decision of first impression, the U.S. District Court for the Southern District of New York, in United States v. Heppner, No. 25‑cr‑503 (JSR), held that written exchanges with a generative artificial intelligence (AI)… more
 /  Electronic Discovery, Privacy, Science, Computers, & Technology

2026 Prospective: Some of the IP Issues to Watch

The upcoming year presents a range of consequential intellectual property issues across copyright, patent eligibility, design patent law, and pharmaceutical litigation. With multiple matters before the Supreme Court, active… more
 /  Health, Intellectual Property, Science, Computers, & Technology

2025 Year in Review

It has been a busy 2025 in Intellectual Property law. Below we highlight some of the decisions and trends that are expected to have significant implications into 2026 and beyond… more
 /  Intellectual Property, Science, Computers, & Technology

Federal Circuit Confirms USPTO Director’s Broad Discretion to Deny or De Institute IPRs

On November 6, the Federal Circuit in In re Motorola Solutions, Inc. denied Motorola’s request for mandamus and held that the USPTO Director’s decisions denying or de-instituting inter partes review (IPR) are unreviewable under… more
 /  Administrative Law, Intellectual Property

USPTO Announces Potential Rule Changes Governing PTAB Inter Partes Review Practice

On October 16, the USPTO issued a notice of proposed rulemaking, seeking rule changes that impact the availability of inter partes reviews (IPRs). The new rules specify broad categories of situations in which IPRs will not be… more
 /  Administrative Law, Intellectual Property

USPTO Director Asserts Sole Authority Over AIA Trial Institution Decisions

In a major shift, United States Patent and Trademark Office (USPTO) Director John Squires has announced that, beginning October 20, 2025, the authority to determine whether to institute trial in all inter partes review (IPR) and… more
 /  Administrative Law, Civil Procedure, Intellectual Property

Court of Appeals Distinguishes Between Sound Recording from Musical Composition Copyright Protection

On October 16, the Court of Appeals for the Seventh Circuit affirmed a district court’s grant of summary judgment in favor of the Defendant (Karim Kharbouch) after finding that the Plaintiff (Eddie Richardson) provided… more
 /  Art, Entertainment, & Sports Law, Intellectual Property

Desjardins Decision Signals More Positive Outlook for AI Innovations

On September 26, in Ex Parte Desjardins, the new Director of the USPTO, John Squires, intervened to institute an Appeals Review Panel (ARP) that vacated a § 101 rejection for claims relating to training machine learning models… more
 /  Intellectual Property, Science, Computers, & Technology

Federal Circuit Emphasizes the Need for Expert Witness Testimony to Unambiguously Map Claim Limitations to an Accused System

On September 24, in Finesse Wireless LLC v. AT&T Mobility LLC, Nokia of America Corporation (AT&T), the Federal Circuit reversed the denial of judgment as a matter of law (JMOL) and vacated the damages award of $166 million… more
 /  Civil Procedure, Intellectual Property, Science, Computers, & Technology

Federal Circuit Reviews First AIA Derivation Proceeding: The Early Bird Gets the Worm

On August 26, in Global Health Solutions LLC v. Selner, the Federal Circuit reviewed its first derivation proceeding. The patent applications at issue claimed the same or substantially the same method for preparing an… more
 /  Intellectual Property

Federal Circuit Offers Some Helpful Patent Eligibility Guidance

On August 11, in Powerblock Holdings, Inc. v iFit, Inc., the Federal Circuit offered at least two observations that can benefit patentees seeking patent protection for inventions involving software. First, the court noted that,… more
 /  Civil Procedure, Intellectual Property, Science, Computers, & Technology
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