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
21
2018
Non-Accused Products Are Not a Measure of Patent Damages McDermott Will & Emery
Dec
23
2018
Declaratory Judgment Action for Copyright Infringement Can Proceed Even If Defendant Doesn’t Own Registration McDermott Will & Emery
Jun
22
2023
It’s a Hard Rock Life: Guitar-Shaped Hotel Warrants Trademark, but Hilton Doesn’t McDermott Will & Emery
Jun
29
2013
Second Circuit Revives Trademark Suit Against Oprah Winfrey McDermott Will & Emery
Jan
30
2019
Not Interested? PTAB Declines To Find Google a Real-Party-In-Interest—Twice McDermott Will & Emery
Jan
29
2016
What Is the Printed Matter Doctrine? McDermott Will & Emery
Jan
29
2016
Disparagement Proscription of § 2(a) Is Unconstitutional McDermott Will & Emery
Feb
28
2019
Post-SAS: PTAB is Obligated to Hear Non-Instituted Grounds McDermott Will & Emery
Aug
4
2013
No Declaratory Judgment Jurisdiction Where Binding Assurances of No Litigation Eliminates Any Possible Justiciable Case or Controversy in Patent Case McDermott Will & Emery
Aug
24
2023
Disgorgement of Profits Appropriate Remedy for Breach of Contract, Trademark Infringement McDermott Will & Emery
Aug
30
2013
Royalty Payments for Hybrid Agreements Covering Inseparable Patent and Non-Patent Rights End When the Patent Expires McDermott Will & Emery
Sep
7
2023
Sins of the Fathers? Grandparent IPR Factors into Current Institution Decision McDermott Will & Emery
Feb
25
2016
Rosa Parks Name and Likeness Free for Use? McDermott Will & Emery
Apr
25
2019
A Special “Treatment” for Patent Eligibility McDermott Will & Emery
Apr
26
2019
Picture This: No Direct Infringement but no Fair Use Either McDermott Will & Emery
Oct
21
2013
To Track or Not to Track Re: Digital Advertising McDermott Will & Emery
Nov
16
2023
All the Way Up to the Second Circuit, and Back McDermott Will & Emery
Nov
26
2013
Prosecution History Estoppel Presumptively Applies to Narrowing Claim Amendments McDermott Will & Emery
Nov
28
2013
No Trademarking of Municipal Seals McDermott Will & Emery
Mar
30
2016
20-Year Zoltek Litigation Continues: Federal Circuit Reverses CFC Invalidity Ruling on Written Description, Obviousness Grounds McDermott Will & Emery
Jun
28
2019
Standing Is Unaffected By Patent Licensee’s Failure To Join McDermott Will & Emery
Jul
1
2019
Supreme Court To Consider Abrogation Of Sovereign Immunity Under Copyright Law McDermott Will & Emery
Jan
23
2014
Unanimous Supreme Court: Burden of Proof on Infringement Always on Patentee McDermott Will & Emery
Apr
28
2016
Furniture Infringement – Not for Canadian Courts to Decide McDermott Will & Emery
Aug
30
2019
No Competitor Standing for Appeal of IPR Decision Upholding Claims McDermott Will & Emery
Feb
8
2024
Bling It On: Laches Prevents Profit Disgorgement in Diamond-Studded Trademark Battle McDermott Will & Emery
Feb
13
2014
EU General Court Finds Likelihood of Confusion Between “FOREVER” and “4 EVER” Trade Marks McDermott Will & Emery
Sep
27
2019
A Decision on Appeal is Final . . . Mostly McDermott Will & Emery
 

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