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
Custom text Organization Sort descending
Jan
29
2020
No En Banc Review of Non-Institution Decision After Remand of Partial Institution McDermott Will & Emery
Dec
11
2012
Best Mode Defense’s Last Stand McDermott Will & Emery
Dec
28
2012
Diagnostic Claims For Assessing the Risk of Down’s Syndrome Are Not Patent Eligible McDermott Will & Emery
Feb
10
2020
Impact of Brexit on IP Rights McDermott Will & Emery
Jan
1
2013
Reissue Is Not Remedy to Terminal Disclaimer McDermott Will & Emery
Feb
20
2020
A Lot of Hot Air? Obviousness Testimony Must Come from POSITA McDermott Will & Emery
Feb
27
2020
Maximizing Your IP Protections in Digital Health McDermott Will & Emery
Feb
3
2013
AIA’s (American Invents Act's) False Marking Retroactive Provision is Constitutional McDermott Will & Emery
Feb
6
2013
Third-Party Competitor Cannot Sue U.S. Patent and Trademark Office (PTO) Over Issued Patents McDermott Will & Emery
Oct
30
2015
Starbucks Brews Successful Covered Business Method Review McDermott Will & Emery
Nov
2
2015
Apple Secures Its Permanent Injunction in Apple v. Samsung Electronics McDermott Will & Emery
Nov
2
2015
Federal Circuit: Prior Disclosure Is Not Necessarily Prior Art in Dynamic Drinkware v. National Graphics McDermott Will & Emery
Mar
2
2013
Supreme Court: State Court Has Jurisdiction over a Legal Malpractice Claim McDermott Will & Emery
Mar
9
2013
Second Circuit Affirms Willful Infringement of Fendi’s Trademark McDermott Will & Emery
Mar
11
2013
Exclusive License Not Required for Standing to Claim Misappropriation of a Trade Secret Involving Subway Car Brakes McDermott Will & Emery
Apr
15
2020
Trade Secret Claim Premised on Patent Inventorship Assertion Did Not Warrant Removal to Federal Court McDermott Will & Emery
Mar
27
2013
Supreme Court Hears Oral Argument in "Pay-for-Delay" Patent Settlement Antitrust Case McDermott Will & Emery
Nov
30
2015
Ninth Circuit Does an About-Face in Military Watch Trademark Dispute McDermott Will & Emery
Dec
1
2015
PTAB Finds Claims to Be Directed to Covered Business Method, but Denies Institution Anyway McDermott Will & Emery
Apr
23
2020
Lights Turned Out on Validity Finding McDermott Will & Emery
Apr
30
2020
Emmy Award to the Rescue – Secondary Considerations Overcome Prior Art McDermott Will & Emery
May
3
2013
No Discovery Permitted in Inter Partes Reexamination Proceedings in Patent Claim Litigation McDermott Will & Emery
May
7
2020
Patent Term Extension Only Applies to Approved Product McDermott Will & Emery
Dec
23
2015
Violation of ITC Consent Order Can Be Based on “Infringement” of Invalid Claims McDermott Will & Emery
May
19
2020
Willfulness Allegation, Failure to Appear Lead to Nondischargeable Judgment McDermott Will & Emery
Jun
1
2013
Form over Substance?—No Review of Patent Validity on Remand if Accused Infringer Failed to File a Cross-Appeal after a Judgment of Non-Infringement McDermott Will & Emery
Jun
29
2013
U.S. Patent and Trademark Office (USPTO) Proposes Rules to Conform with the Patent Law Treaty McDermott Will & Emery
Jun
24
2020
Too Early to Hang Up on Click-to-Call McDermott Will & Emery
 

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