Intellectual Property Law

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Intellectual property applies to many different areas of the legal world. Applying for patents for work-products, by individual employees, trademark laws, copyrights, and how companies leverage their IP asset-rights over employees, are just a few of the many areas the National Law Review covers as it pertains to IP.

Intellectual Property Litigation

Intellectual Property disputes are a complex area of law, often involving deep dives into complex concepts to understand the issues at play. In the United States, the United States Patent and Trademark Office (USPTO/PTO) is the agency involved in registering patents and trademarks.   As part of the USPTO, the Patent Trial and Appeal Board settles patent disputes, using a variety of mechanisms to settle issues related to intellectual property.    Some of the mechanisms include inter partes review, post-grant procedures, and covered business method patent reviews.  Issues related to the America Invents Act are also settled through the PTAB. The National Law Review covers changes to standards held by the USPTO in litigation and other patent issues.  The Trademark Trial and Appeal Board settles disputes related to trademarks, such as an ex parte appeal from the denial of an application for registration by an examining attorney, and an inter partes opposition, cancellation, concurrent use, or interference proceeding.  Other agencies involved in patent disputes are the International Trade Commission (ITC) or the Federal Trade Commission (FTC).  The National Law Review covers patent news as it relates to Supreme Court (SCOTUS) and federal circuit courts’ appeals, as well as general patent litigation and new patent filings.

Intellectual Property in Drug Patents

Legal analysis related to drug patents and pharmaceuticals and the interplay with intellectual property issues are also covered by the National Law Review.   Drug patents, biosimilars, generic top-level domain registration (gTLD), trade secrets, non-compete clauses, and other patent application news are updated on the site regularly. Additionally, tangential issues that impact pharmaceutical companies, such as innovator liability and related litigation, are also analyzed by the legal experts who write for the National Law Review. 

Intellectual Property in an Employment Context

The National Law Review has legal analysis on the intersection between intellectual property rights and employment, and who owns ideas, the Work Made For Hire principle as well resulting litigation. Additionally, legislation such as the Defense of Trade Secrets Act and its impact on workplaces, and ongoing litigation related to the legislation is also covered.

International Intellectual Property

Visitors to the site will oftentimes read about international news as it relates to patent applications in the US, and internationally as well. Pharmaceutical patents in Brazil, medical device patent applications from the United Kingdom, or litigation from the European Union, China, India, and other international sectors, are often covered online. Visitors will find the latest coverage, news, and insights on patent applications and litigation, when visiting the National Law Review, for up-to-date practice-area news.

National Law Review Intellectual Property/Patent Law TwitterFor hourly updates on the latest news about Intellectual Property Law, IP Litigation, Patent Legislation, and more, be sure to follow our IP Law Twitter feed, and sign up for complimentary e-news bulletins.

Recent Intellectual Property, Patent, Trademark & Copyright News

Title
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Dec
10
2023
Federal Circuit’s Determination on Whether Fraudulent Conduct in Obtaining Incontestable Status Warrants the Mark’s Cancellation Sheppard, Mullin, Richter & Hampton LLP
Apr
10
2024
USPTO Issues Additional Guidance on Use of AI Tools in Connection with USPTO Matters Sheppard, Mullin, Richter & Hampton LLP
Feb
18
2020
Machine Learning Patentability in 2019: 5 Cases Analyzed and Lessons Learned Part 2 Sheppard, Mullin, Richter & Hampton LLP
Jul
7
2016
TTAB Precedential Decision: Time Limit for Adding Claims Is Tolled by Filing of Cancellation Within Registration’s Fifth Anniversary Sheppard, Mullin, Richter & Hampton LLP
Mar
31
2020
Protecting Social Media Contact Lists as Trade Secrets Sheppard, Mullin, Richter & Hampton LLP
Jul
29
2016
Parent Company Furnishes Cancellation of Subsidiary’s Trademark Registration Sheppard, Mullin, Richter & Hampton LLP
Apr
16
2020
Open COVID Pledge Seeks to Make IP Available for Use in Ending COVID-19 Sheppard, Mullin, Richter & Hampton LLP
Jul
8
2020
Admonition To Members Of The Healthcare Industry: Don’t Give Trade Secret Protection The Short Shrift! Sheppard, Mullin, Richter & Hampton LLP
Nov
16
2016
Consumers Are Unlikely to Confuse Yelp with Local Property Management Company Using Same Tagline in Ads, Court Rules Sheppard, Mullin, Richter & Hampton LLP
Oct
29
2014
Data Rights Redux – 10 Ways to Preserve Your Intellectual Property Sheppard, Mullin, Richter & Hampton LLP
Dec
23
2014
U.S. Patent and Trademark Office Clarifies “Patent Eligible Subject” Matter in its Recent Guidance in Light of Alice Sheppard, Mullin, Richter & Hampton LLP
Feb
5
2015
Supreme Court Update – Hana Financial v. Hana Bank Sheppard, Mullin, Richter & Hampton LLP
Feb
19
2015
Bargaining with Apple: Understanding the iOS Developer Program License Agreement Sheppard, Mullin, Richter & Hampton LLP
Aug
29
2009
What To Do When Your .CN Domain Name Is Already Taken Sheppard, Mullin, Richter & Hampton LLP
Feb
11
2011
The Ninth Circuit's Holding in Levi Strauss v. Abercrombie & Fitch - "Degree of Similarity" Is But One of Six TDRA Factors, Not the Threshold Test -- Marks An Important Decision Elucidating The Proper Dilution Standard Sheppard, Mullin, Richter & Hampton LLP
Feb
28
2022
Recent Expansion of IPR Estoppel Scope Viewed As Victory for Patent Owners Sheppard, Mullin, Richter & Hampton LLP
Oct
23
2017
PTAB Sheds Light on Video Game Patent Sheppard, Mullin, Richter & Hampton LLP
Sep
29
2022
Takeaways From the U.S. Patent and Trademark Office’s Artificial Intelligence and Emerging Technologies Partnership Series – Part One of Three Sheppard, Mullin, Richter & Hampton LLP
Mar
2
2018
An Uphill Battle Protecting Fashion Designs In Nigeria and Abroad Sheppard, Mullin, Richter & Hampton LLP
Jun
21
2023
Training AI Models – Just Because It’s Your Data Doesn’t Mean You Can Use It Sheppard, Mullin, Richter & Hampton LLP
Jun
23
2023
Senators Propose New Legislation to Clarify Patent Eligibility Under 35 U.S.C. § 101 Sheppard, Mullin, Richter & Hampton LLP
Feb
8
2016
He’s got 99 Problems, But a Breach Might NOT be One Sheppard, Mullin, Richter & Hampton LLP
Mar
18
2016
Federal Circuit Reaffirms Its Longstanding Patent Exhaustion Precedents in Lexmark. v. Impression Products (Fed. Cir. Feb. 12, 2016) (en banc) Sheppard, Mullin, Richter & Hampton LLP
Dec
21
2023
Pharmaceutical Companies Have Rights if the Federal Government Seized their Patents Sheppard, Mullin, Richter & Hampton LLP
Jan
27
2014
Are Circuit Courts of Appeal Split as to the Preclusive Impact Accorded to Prior Trademark Trial and Appeal Board Decisions? Sheppard, Mullin, Richter & Hampton LLP
Feb
26
2024
Federal Circuit Rules on When the Patent Trial and Appeal Board Is Engaging in Erroneous Claim Construction Sheppard, Mullin, Richter & Hampton LLP
Nov
22
2019
Don’t Wait Until There Is A Problem To Protect Your Trade Secrets November 2019 Sheppard, Mullin, Richter & Hampton LLP
Mar
31
2024
Highlights of Revised Regulations for Implementing Patent Law of China Sheppard, Mullin, Richter & Hampton LLP
 

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