Barry Irwin is the founder of Irwin IP. Barry has been litigating intellectual property and technology matters for twenty-four 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.
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. 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. 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 2016 Leavens Award presented to the one person who has provided exceptional service to Lawyers for the Creative Arts and the local arts communities.
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.