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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Mar
24
2022
Federal Circuit Won’t Rescue Parachute Patent McDermott Will & Emery
May
2
2015
“A Hole” Can Refer to Multiple Holes McDermott Will & Emery
Oct
2
2017
Federal Circuit Avoids Addressing Joinder, Questions Expanded Panel Use McDermott Will & Emery
Oct
7
2017
Recovering Attorneys’ Fees Is Not a Snap McDermott Will & Emery
Jul
19
2011
For Infringement Purposes, Preamble Can Define a Limiting Environment Rather than a Claim Limitation McDermott Will & Emery
Apr
28
2022
Wild and Untamed Trademarks: Madrid Protocol Grants Right of Priority as of Constructive Use Date McDermott Will & Emery
Oct
25
2017
Trick or Troll: NPE Litigation Trends, SEPs, FRAND and the Internet of Things [Podcast] McDermott Will & Emery
May
5
2022
Golden State of Mind: Witness Convenience Isn’t Based Solely on Travel Distance McDermott Will & Emery
Aug
10
2011
Therasense Inequitable Conduct Guidelines Explained McDermott Will & Emery
Oct
31
2017
Arista Networks, Inc. v. International Trade Commission,: Limited Exclusion Order Does Not Require Specific Findings as to Components McDermott Will & Emery
Sep
5
2011
Ninth Circuit Adopts Lower Court’s Use of Its Own "Blades of Chaos" to Filter Out the Unprotectable Elements of a Plaintiff’s Copyright Infringement Claim McDermott Will & Emery
May
28
2015
Attorney’s Fees Awarded in “Nonsensical” Trade Secrets Case McDermott Will & Emery
May
29
2015
An Abstract Idea by Any Other Name - Epicor Software Corp. v. Protegrity Corp., Google Inc. v. Unwired Planet, LLC McDermott Will & Emery
Oct
7
2011
UK Supreme Court Holds that U.S. Copyright Claims Are Justiciable in English Courts McDermott Will & Emery
Dec
8
2011
Algorithm Written in Prose Provides Sufficient Structure for a Means-Plus-Function Claim Term McDermott Will & Emery
Jun
18
2015
What Was Old Is New Again for Means + Function Claim Elements re: Patent Litigation McDermott Will & Emery
Dec
22
2017
No Second Chances for Promega Damages Claim McDermott Will & Emery
Jan
3
2012
Equitable Claim to Patent Title Insufficient for Standing McDermott Will & Emery
Feb
4
2012
Chicken, Waffles and Copyrights—Ninth Circuit Upholds Infringement of Public Performance Rights by Restaurant Chain McDermott Will & Emery
Feb
15
2012
High Court of England and Wales Rules Emissions Allowances to be Treated as Property McDermott Will & Emery
Aug
25
2022
Can’t Dismiss Lanham Act Claim Based on FDCA Preemption McDermott Will & Emery
Jul
1
2015
Activities For sNDA and Citizen’s Petition Protected by “Safe Harbor” - Supplemental New Drug Application McDermott Will & Emery
Sep
1
2022
DMCA Scienter Requirement Not Satisfied without Evidence of Knowledge of Inducement or Concealment McDermott Will & Emery
Mar
12
2012
ANDA Allegation May Confer Subject-Matter Jurisdiction, But Not State a Claim upon which Relief Can Be Granted McDermott Will & Emery
Mar
30
2012
Divided Patent Infringement in Germany McDermott Will & Emery
Apr
6
2012
Is Subject-Matter Eligibility Really a Threshold Issue? McDermott Will & Emery
May
4
2012
Eastern District of Texas Unveils E-Discovery Model to Curb Abuse McDermott Will & Emery
Mar
1
2018
Getting to the Right Cite McDermott Will & Emery
 

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