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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Aug
12
2011
Is the Claimed Stent Described in the Specification? McDermott Will & Emery
May
28
2015
Pre-Arbitration Injunction May Only Preserve Status Quo re: Breach of a Trademark License Agreement McDermott Will & Emery
Sep
12
2011
Patent License Is Presumed to Cover Continuation Applications McDermott Will & Emery
Oct
13
2011
Federal Circuit Wraps Up 10-Year Patent Infringement Suit for Tobacco Curing Patents McDermott Will & Emery
Nov
6
2011
Intervening Rights Can Apply to an Original Claim Based on Arguments Made During Reexamination McDermott Will & Emery
Feb
10
2022
This .SUCKS: Trademark Applications for Identical Characters Is a No-Go McDermott Will & Emery
Nov
16
2011
USPTO Revises Rules Governing Inter Partes Reexamination Requests McDermott Will & Emery
Feb
15
2022
2022 IP Outlook Report: The Developments Shaping Trademark Law [VIDEO] McDermott Will & Emery
Dec
2
2011
Post-eBay Demise of the Presumption of Irreparable Harm for Awarding Injunctive Relief McDermott Will & Emery
Aug
30
2017
Home Is Where Copyright Non-Infringement Is: Design Basics v. Lexington Homes McDermott Will & Emery
Jan
22
2012
Appeal Against Exclusion From Patentability of Software to Protect Minors Online Allowed McDermott Will & Emery
Feb
8
2012
Restoration of Copyright in Foreign Works Passes Constitution Muster McDermott Will & Emery
Mar
17
2022
Judge Albright Issues Another Round of Updated Patent Rules for WDTX McDermott Will & Emery
Jul
1
2015
What Was Old Is New Again for Means + Function Claim Elements - Williamson v. Citrix Online McDermott Will & Emery
Sep
29
2017
Panduit Prevents Apportioning the Profit Pie McDermott Will & Emery
Oct
2
2017
THE LATEST: Integra Forced to Divest Neurosurgical Tools to Gain FTC Clearance McDermott Will & Emery
Mar
18
2012
Patentee’s Expert’s Testimony Regarding 40-Year-Old Reference Does Not Overcome the Reference Disclosure McDermott Will & Emery
Oct
5
2017
Assignor Estoppel Is Not a Defense in IPR McDermott Will & Emery
Mar
31
2022
Half-Baked Case: No Misappropriation or False Advertising Given Over-Broad Allegations McDermott Will & Emery
Apr
14
2022
No Breach of Contract Where Company Disclosed Its Own Non-Public Information McDermott Will & Emery
Oct
30
2017
Down to the Wire: Patentee Must Rebut Inherent Functionality of Prior Art McDermott Will & Emery
Oct
31
2017
DRK Photo v. McGraw-Hill Global Education Holdings, LLC: Standing to Sue for Copyright Infringement: No Bright Line Rule for Stock Photo Agencies McDermott Will & Emery
Jul
31
2015
SDI Technologies, Inc., v. Bose Corp.: In an IPR, Issue Preclusion Does Not Attach Until Appeal Rights Are Exhausted McDermott Will & Emery
Jun
9
2012
Inherency Revisited McDermott Will & Emery
Jun
23
2022
Claim Construction and Jurisdictional Discovery Are More Than Skin Deep McDermott Will & Emery
Jun
30
2022
Clarification or Raising the Bar? PTO Director Issues New Guidance for Discretionary PTAB Denials McDermott Will & Emery
Jul
9
2012
Twombly and Iqbal Redux; Form 18 Is the Pleading Standard for Direct Infringement McDermott Will & Emery
Aug
11
2012
Prior Art's Disclosure of a Preferred Embodiment Does Not “Teach Away” from Inferior Alternatives McDermott Will & Emery
 

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