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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Apr
11
2014
Two Recent 340B Developments: New Hospital Registration Guidance and Proposed Rules Under Review at OMB (Office of Management and Budget) McDermott Will & Emery
Apr
2
2020
Nefarious Motives Could Mean No Declaratory Judgment for You McDermott Will & Emery
May
1
2014
Product May Acquire Non-Infringing Status, Even as to Adjudicated Method Claims, After a Prior Finding of Non-Infringement of Apparatus Claims McDermott Will & Emery
May
2
2014
PTAB (Patent Trial and Appeal Board): The Name of the Game Is the Claim McDermott Will & Emery
Jun
29
2016
Binding Contract or Completed Sale Not Necessary to Raise On-Sale Bar McDermott Will & Emery
Apr
9
2020
“Method of Preparation” Claims Found Patent-Eligible Under §101 McDermott Will & Emery
Jul
2
2016
Second Circuit Affirms Dismissal of Sham Citizen Petition Claim, Summary Judgment on False Advertising Claims McDermott Will & Emery
May
28
2014
Federal Circuit to Judge Posner: eBay Analysis Is a Must - Apple, Inc. et al. v. Motorola, Inc., et al. McDermott Will & Emery
Apr
30
2020
Patent’s Explicit Description of Claimed Advantages Defeats § 101 Challenge McDermott Will & Emery
May
30
2014
Pre-AIA (America Invents Act) Statute Did Not Give Patent Owner in an Ex Parte Reexamination the Right to Bring an Action in District Court McDermott Will & Emery
Jul
27
2016
Physical Combinability of References Not Necessarily Required for Obviousness McDermott Will & Emery
May
7
2020
Article III Standing Required to Appeal Final Decisions by the PTAB McDermott Will & Emery
Jun
3
2014
Copyright Statute of Limitation Trigged on Actual or Constructive Notice McDermott Will & Emery
May
14
2020
Focusing on Functionality, Software Claims Found Patent Eligible McDermott Will & Emery
May
27
2020
Copyright Damages Limited to Three Years Before Lawsuit Filing McDermott Will & Emery
Sep
28
2016
Double-Checking Alice Using Common-Sense Distinctions Between Ends and Means McDermott Will & Emery
Jun
24
2020
PTAB Sets Forth Procedure for Confidential Oral Hearings McDermott Will & Emery
Jun
30
2014
Supreme Court: Food, Drug, and Cosmetic Act (FDCA) Compliance Does Not Bar Lanham Act Claims - POM Wonderful LLC v. Coca-Cola Co. McDermott Will & Emery
Jul
8
2020
US Supreme Court Rules “Booking.Com” Can Be Registered As A Trademark McDermott Will & Emery
Jul
2
2014
Inferring Trade Secret "Use" Based on the Potential for Harm: Aspen Tech., Inc. v. M3 Tech., Inc. McDermott Will & Emery
Jul
10
2020
Landmark Judgment For German FRAND Law Published: Sisvel V. Haier McDermott Will & Emery
Jul
2
2014
Claim Construction: When Figures Do Not Match Their Description McDermott Will & Emery
Jul
15
2020
“All Substantial Rights” Test Informative in Obviousness-Type Double Patenting Context McDermott Will & Emery
Jul
22
2020
Third Parties Not Responsible for Defective Motion to Seal McDermott Will & Emery
Oct
27
2016
Supreme Court to Review Registrability of Disparaging Trademarks McDermott Will & Emery
Aug
5
2020
The Naked Truth About Trademark Cancellation: Only Harm, No Proprietary Interest Required McDermott Will & Emery
Nov
28
2016
Poly-America v. API Industries: Disavowal of Claim Scope in Trash Bag Patent McDermott Will & Emery
Jul
30
2014
Federal Circuit Orders Stay Pending Completion of CBM Review: VirtualAgility, Inc. v. Salesforce.com, Inc. et al. McDermott Will & Emery
 

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