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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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
Apr
10
2014
Intent To Use – It’s Not The Thought That Counts Sheppard, Mullin, Richter & Hampton LLP
Mar
4
2020
Machine Learning Patentability in 2019: 5 Cases Analyzed and Lessons Learned Part 3 Sheppard, Mullin, Richter & Hampton LLP
May
5
2020
3M Takes Action to Protect Its Brand from Price Gouging And Trademark Infringement Sheppard, Mullin, Richter & Hampton LLP
Aug
12
2014
Sham Hatch-Waxman Infringement Suits And FDA Citizen Petitions; A Potential For New Liability For Innovators? Sheppard, Mullin, Richter & Hampton LLP
Jul
16
2020
Federal Circuit Confirms Addition of Two Inventors of Groundbreaking Immunotherapies for Cancer Sheppard, Mullin, Richter & Hampton LLP
Jan
3
2017
New York Court of Appeals Says No Common Law Public Performance Right For Pre-1972 Sound Recordings Sheppard, Mullin, Richter & Hampton LLP
Sep
14
2020
Trade Secret Protection & the COVID-19 Cure: Observations on Federal Policy-Making & Potential Impact on Biomedical Advances Sheppard, Mullin, Richter & Hampton LLP
May
15
2017
Important Open Source Ruling Confirms Enforceability of Dual-Licensing and Breach of GPL for Failing to Distribute Source Code Sheppard, Mullin, Richter & Hampton LLP
Nov
21
2014
“How Dare You Charge That for a Spare Part!” – The Untold Story of the X27 Interface Assembly Sheppard, Mullin, Richter & Hampton LLP
Sep
7
2009
Cairns Patent Once Again Provokes the Promotions Industry to Re-Evaluate Online Promotional Games Sheppard, Mullin, Richter & Hampton LLP
Dec
29
2010
Patent Exhaustion Doctrine in China Sheppard, Mullin, Richter & Hampton LLP
Apr
26
2011
Frankenstein's Monster: Data Rights Changes Adopted In The National Defense Authorization Act For Fiscal Year 2011 Sheppard, Mullin, Richter & Hampton LLP
Jun
6
2015
Board Games (Silicon Valley, Episode 16) Board Seats and Board Composition Sheppard, Mullin, Richter & Hampton LLP
Mar
9
2022
Forum Selection Clause Can Preclude PTO Validity Challenges Sheppard, Mullin, Richter & Hampton LLP
Aug
28
2015
What’s in a Name? That Which We Call a Biological Product… Sheppard, Mullin, Richter & Hampton LLP
Jan
12
2023
Protecting Semiconductor Chip Design under the Semiconductor Chip Protection Act of 1984 (SCPA) – Part I (Registration and Inspection) Sheppard, Mullin, Richter & Hampton LLP
Jun
21
2013
Four Wheel Fashion Re: Lifestyle Branding & Trademark Law Sheppard, Mullin, Richter & Hampton LLP
Feb
5
2019
Failure to Launch: Not Identifying the Proper Parties Can Prematurely End an Video Game IPR Challenge Sheppard, Mullin, Richter & Hampton LLP
Mar
19
2019
Blockchain Games and Collectibles – Patents and Other Legal Issues Sheppard, Mullin, Richter & Hampton LLP
Dec
10
2023
Federal Circuit Vacates PTAB’s Decision Based on an Overly Narrow Claim Construction Sheppard, Mullin, Richter & Hampton LLP
Jan
22
2024
The Importance of Reasonable Particularity in a Doctrine of Equivalents Argument Sheppard, Mullin, Richter & Hampton LLP
Feb
26
2024
Federal Circuit Concluded that Operating Manuals Subject to Confidentiality Restrictions are Prior Art Printed Publication Sheppard, Mullin, Richter & Hampton LLP
Jun
20
2016
Federal Circuit Affirms Refusal to Register “Churrascos” Based on Genericness, Despite Prior Federal Registration of the Mark Sheppard, Mullin, Richter & Hampton LLP
Apr
7
2020
AIPLA’s Updated Model Patent Jury Instructions Address “Clear and Convincing” Standard of Proof & Streamline Case Citations Sheppard, Mullin, Richter & Hampton LLP
May
5
2020
Fortnite Streamer Ewok Pens Sponsorship Deal with HyperX Sheppard, Mullin, Richter & Hampton LLP
 

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