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

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May
27
2016
Sixth Circuit Rules in Favor of Songwriter’s Heirs in Copyright Termination Decision in Jackson Brumley et al. v. Albert Brumley & Sons Inc. et al. Sheppard, Mullin, Richter & Hampton LLP
Feb
13
2020
Machine Learning Patentability in 2019: 5 Cases Analyzed and Lessons Learned Part 1 Sheppard, Mullin, Richter & Hampton LLP
Apr
22
2020
The Federal Circuit Reconsiders the Inherent Distinctiveness of Color Marks in In re Forney Sheppard, Mullin, Richter & Hampton LLP
May
19
2020
COVID-19 Web-Based IP Platform to Facilitate Connections Sheppard, Mullin, Richter & Hampton LLP
Nov
3
2016
Ninth Circuit Retires Fee-Award Standard, Imports Octane Fitness to Trademark Cases Sheppard, Mullin, Richter & Hampton LLP
Oct
8
2020
Alice and Incongruity in PTAB Appeals Sheppard, Mullin, Richter & Hampton LLP
Feb
23
2017
Illinois Federal Judge Awards Treble Damages and Attorneys’ Fees in Kurt Vonnegut-Fueled Opinion Sheppard, Mullin, Richter & Hampton LLP
Jan
15
2021
The China Pivot: Closing the “Back Door” to Trade Secret and IP Theft Sheppard, Mullin, Richter & Hampton LLP
May
23
2017
Supreme Court Unanimously Changes Where Patents May Be Litigated Sheppard, Mullin, Richter & Hampton LLP
Aug
31
2021
Nota Bene Episode 141: Artificial Intelligence Technologies: Past, Present, and Forward with Siraj Husain [PODCAST] Sheppard, Mullin, Richter & Hampton LLP
Nov
22
2021
Benefits and Considerations for Patent Prosecution under Patent Prosecution Highway in the U.S., Europe, China, and Singapore Sheppard, Mullin, Richter & Hampton LLP
Mar
3
2011
Brands and Video Games: Three Steps for Finding a Perfect Match Sheppard, Mullin, Richter & Hampton LLP
Dec
20
2021
Benefits and Considerations for Patent Prosecution Under Patent Prosecution Highway in Australia, Canada, South Korea, and Japan Sheppard, Mullin, Richter & Hampton LLP
Jun
12
2011
Patent Holder Takes a Shot at Nintendo over DSi Cameras Sheppard, Mullin, Richter & Hampton LLP
Nov
30
2017
An EC Communication on SEPs – Not More Not Less Sheppard, Mullin, Richter & Hampton LLP
Aug
29
2022
Insufficient Evidence: Fifth Circuit Affirms Denial of Preliminary Injunction for Trade Secret Misappropriation Sheppard, Mullin, Richter & Hampton LLP
Oct
25
2022
The Developing “Avoided Costs” Remedy in Trade Secret Litigation Sheppard, Mullin, Richter & Hampton LLP
May
18
2023
Solving Open Source Problems with AI Code Generators – Legal Issues and Solutions, Part 1 Sheppard, Mullin, Richter & Hampton LLP
Dec
16
2015
Urock Network v. Umberto Sulpasso – Claim Preclusion Rocked Cancellation Sheppard, Mullin, Richter & Hampton LLP
Jun
29
2023
Ninth Circuit Slashes Exorbitant Attorney’s Fee Award That Would “Make the Average Person Shake Her Head in Disbelief” Sheppard, Mullin, Richter & Hampton LLP
Jul
27
2023
State Privacy Law Roundup: What Retailers Need to Know Sheppard, Mullin, Richter & Hampton LLP
Aug
3
2023
Sanofi-Aventis Deutschlan GMBH v. Mylan Pharmaceuticals Inc. Sheppard, Mullin, Richter & Hampton LLP
Mar
3
2016
Federal Circuit Case Law Summary of High Point SARL v. T-Mobile USA, Inc., No. 15-1235 (Fed. Cir. Feb. 16, 2016) Sheppard, Mullin, Richter & Hampton LLP
Dec
10
2023
Cyntec Company, Ltd. v. Chilisin Electronics Corp., Chilisin America Ltd. Nos. 2022-1873, (Fed. Cir. October 16, 2023) Sheppard, Mullin, Richter & Hampton LLP
Dec
21
2023
Federal Circuit Affirms PTAB’s Ruling of Obviousness for the Colorization of Fabrics Sheppard, Mullin, Richter & Hampton LLP
Mar
30
2016
Patent Trial and Appeal Board Institutes 17 Inter Partes Reviews for TCL Communication Technology Holdings Sheppard, Mullin, Richter & Hampton LLP
Feb
21
2024
AI-Assisted Inventions: Is There a Duty to Disclose the Use of AI? Sheppard, Mullin, Richter & Hampton LLP
May
5
2016
Rah! Rah! Sis Boom Bah! Supreme Court to Decide Whether Copyright Act Protects Cheerleader Uniform Designs Sheppard, Mullin, Richter & Hampton LLP
 

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