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
1
2015
Citing PTO’s Intervenor Brief, PTAB Grants Rehearing and Clarifies Scope of Joinder McDermott Will & Emery
Apr
3
2013
Federal Circuit Will Consider De Novo Review of Claim Construction En Banc McDermott Will & Emery
Feb
27
2019
No Motivation to Combine Necessary Where Secondary Reference Only Explains Primary Reference McDermott Will & Emery
Apr
12
2013
A New Front in The Patent Wars: The Court of Justice of the European Union (CJEU) Asked for Guidance on Limits to Injunctive Relief McDermott Will & Emery
Aug
4
2023
Burst That Bubble: Specific Knowledge Necessary to Prove Contributory Trademark Infringement McDermott Will & Emery
Apr
20
2013
European Commission Proposes for Reform of European Trade Mark System McDermott Will & Emery
Aug
10
2023
Remedies as Big as Your Bamba McDermott Will & Emery
May
4
2013
Jackpot! The Federal Circuit Revives Aristocrats Indirect Patent Infringement Claims in View of Akamai McDermott Will & Emery
Mar
28
2019
Absent Clear Disavowal, Preferred Embodiment Does Not Limit Claim Construction McDermott Will & Emery
Dec
23
2015
Claim Construction—It Depends On the Meaning of “Is” McDermott Will & Emery
Sep
21
2023
In Good Hands: Compilation of Publicly Available Information Can Still Be a Trade Secret McDermott Will & Emery
Sep
28
2023
Head East: Contract Disputes Act Claims Must Be Filed in DC McDermott Will & Emery
Jun
1
2013
Second Circuit Refuses to Enjoin Aereo’s Internet Streaming of Broadcast Television: WNET, Thirteen et al. v. Aereo, Inc. McDermott Will & Emery
Apr
26
2019
Partial Institutions not Null and Void if Modified After Institution Deadline McDermott Will & Emery
May
30
2019
Skepticism does not need to be Based on Impossibility McDermott Will & Emery
Nov
2
2023
Say Goodbye: Argument Not Presented in IPR Petition Is Waived McDermott Will & Emery
Jun
29
2013
Time Warner Avoids Nexstar’s Broadcasting Retransmission Injunction McDermott Will & Emery
Nov
9
2023
Tenth Circuit Contributes Clarity to Contributory Liability in Copyright Infringement McDermott Will & Emery
Jul
1
2013
Federal Circuit Panel Affirms Finding of No Domestic Industry Based on Ongoing Litigation McDermott Will & Emery
Jan
29
2016
Suggestion of Control Not Enough for RPI Challenge; Nexus Matters for Commercial Success McDermott Will & Emery
Jul
31
2013
Patent Office Reexamination Nullifies District Court Damages Award: Fresenius USA, Inc. v. Baxter International, Inc. McDermott Will & Emery
Aug
3
2013
Next Time, Buy the CDs, Re: Illegal Music Download McDermott Will & Emery
Aug
14
2013
Obama Administration Disapproves International Trade Commission's (ITC) Exclusion Order on Apple Products McDermott Will & Emery
Aug
21
2013
Post-Priority Evidence Can be Used in Technical Contribution Arguments in Patent Validity Disputes McDermott Will & Emery
Aug
30
2013
Use of Athlete’s Likeness in Video Game Not Protected by First Amendment McDermott Will & Emery
Feb
24
2016
PTAB: On Second Thought, Your IPR Is Instituted McDermott Will & Emery
Jul
27
2019
Flow Valve Shut Off From Reissue McDermott Will & Emery
Feb
25
2016
Glass Half Full for Russian Federation Successor’s Stolichnaya Infringement Saga McDermott Will & Emery
 

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