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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May
5
2014
First Circuit Stays on the Fence Regarding Application Versus Registration Approach McDermott Will & Emery
Apr
15
2020
Trade Secret Claim Premised on Patent Inventorship Assertion Did Not Warrant Removal to Federal Court 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
Jul
27
2016
Indacon v. Facebook: Claim Terms with No Specialized Meaning in Art Always Linked to Specification McDermott Will & Emery
Jun
2
2014
Federal Court Vacates 340B Rule Regarding Orphan Drugs McDermott Will & Emery
May
7
2020
Patent Term Extension Only Applies to Approved Product McDermott Will & Emery
Jun
4
2014
Federal Trade Commission's (FTC) Reporting Rule for Pharmaceutical Patent Transfers Upheld McDermott Will & Emery
May
19
2020
Willfulness Allegation, Failure to Appear Lead to Nondischargeable Judgment McDermott Will & Emery
Aug
29
2016
Patent Infringement Claim Exempts Related Counterclaims from Mandatory Arbitration McDermott Will & Emery
Aug
30
2016
Ninth Circuit to District Court on Trademarks: Pucker Up for a Remand McDermott Will & Emery
Jun
24
2020
Too Early to Hang Up on Click-to-Call McDermott Will & Emery
Sep
29
2016
Unwrapping the Meaning of Markush Group Claim Construction Language McDermott Will & Emery
Sep
30
2016
PTO Must Apply Phillips Standard when Construing Expired Patents McDermott Will & Emery
Jun
30
2014
Printed Publication Need Not Be Easily Located to Be Prior Art McDermott Will & Emery
Jul
15
2020
Stick to Your Guns: PTAB Should Rarely Issue New Grounds of Unpatentability McDermott Will & Emery
Oct
27
2016
Inherent Disclosure Supplies Adequate Written Description for Priority Claim McDermott Will & Emery
Oct
30
2016
Federal Copyright Law Does Not Preempt Trade Secret Claim McDermott Will & Emery
Aug
13
2020
Explain Yourself: “Untethered” Obviousness Determination Reversed McDermott Will & Emery
Aug
27
2020
Bugs in Space? Star Trek Plotline Does Not Infringe Tardigrade Video Game McDermott Will & Emery
Nov
29
2016
Trademark Infringement: Amazon.com Does Not Have to Put Out the Fire McDermott Will & Emery
Sep
3
2020
Not Your Grandfather’s Internet Royalties? DMCA Favorable Rates Might Apply to Internet Offerings McDermott Will & Emery
Jul
31
2014
Pre-suit Claim Construction Analysis Must Satisfy Rule 11 McDermott Will & Emery
Oct
8
2020
By the Book: Unauthorized Material Doesn’t Forfeit Training Guide’s Copyright Protection McDermott Will & Emery
Dec
29
2016
No Place Like Home: Supreme Court to Review Whether § 1400(b) Alone Governs Venue in Patent Infringement Actions McDermott Will & Emery
Nov
4
2020
Sticky Situation? Circumstantial Evidence Can Support Intent to Confuse in Trade Dress Claims McDermott Will & Emery
Sep
1
2014
Copying Is Not the Ultimate Test for Copyright Infringement McDermott Will & Emery
Jan
31
2017
FTC and DOJ Issue Revised Guidelines for Licensing of Intellectual Property McDermott Will & Emery
 

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