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
Sep
30
2014
The Doctrine of Obviousness-Type Double Patenting Maintains Its Vitality McDermott Will & Emery
Mar
1
2017
Patent Owner and Counsel to Pay Double Costs for Frivolous Appeal McDermott Will & Emery
Nov
19
2020
Analogous Art Includes Reference a Skilled Artisan Would Reasonably Consult McDermott Will & Emery
Oct
4
2014
PTAB Grants Request for Rehearing Relating to Procedure for Serving Petitions, Facebook, Inc. v. Rembrandt Social Media, L.P. McDermott Will & Emery
Oct
6
2014
Unincorporated Associations Can Own and Enforce Trademark Rights, Southern California Darts Association v. Zaffina McDermott Will & Emery
Mar
31
2017
No False Advertising Where There Is No Injury or Statements Are Opinions McDermott Will & Emery
Jan
7
2021
PTAB Designates Two Precedential Opinions for Evaluating Impact of District Court Litigations on Discretionary Denial under § 314(a) McDermott Will & Emery
Jan
14
2021
Supreme Court to Consider Doctrine of Assignor Estoppel in Patent Cases McDermott Will & Emery
Jan
28
2021
2020 IP Law Year in Review: Patents McDermott Will & Emery
Oct
30
2014
Patent Infringement: “Soda-Pop” Bottle Caps Can Be Analogous Art for Flash Chromatography Cartridges McDermott Will & Emery
Feb
4
2021
There’s No Sugarcoating It: Pocky’s Cookie Design Trade Dress Is Functional McDermott Will & Emery
Oct
31
2014
Transformative Use in the Seventh Circuit McDermott Will & Emery
Apr
28
2017
Exceptional Case Rulings Establish Deference to District Court’s Manifest McDermott Will & Emery
Feb
18
2021
2G or Not 2G: Patent License Applies to Future Generation Wireless Networks McDermott Will & Emery
May
31
2017
Asetek Danmark A/S v. CMI USA FKA Cooler Master: Breadth of an Injunction McDermott Will & Emery
Jun
1
2017
Third Circuit Declines to Send Pay-for-Delay Litigation to Federal Circuit McDermott Will & Emery
Nov
28
2014
Prior Art-Related Submissions That Go to the Merits Are Supplemental “Evidence,” Not Supplemental “Information” McDermott Will & Emery
Mar
24
2021
The Road Less Traveled: IPR Denial Decisions Appealable via Mandamus McDermott Will & Emery
Apr
1
2021
Triple Trouble: Unauthorized Trademark Use among Organizations with Nearly Identical Name McDermott Will & Emery
Apr
15
2021
Zero Hero: Disclaiming Disputed Term Renders Dispute Moot McDermott Will & Emery
Apr
29
2021
If You Can’t Build it, They Won’t Come: No Obviousness Based on Fanciful Engine Design McDermott Will & Emery
Jan
1
2015
Standing Requires Articulation of Jurisdictional Facts McDermott Will & Emery
May
13
2021
Tax Court Allows Partial Deduction, Requires Partial Capitalization of Generic Drug Approval Legal Expenses McDermott Will & Emery
May
20
2021
Full Scope of Claimed Invention Must Be Enabled McDermott Will & Emery
Jan
30
2015
Intellectual Property: Firm Disqualified Because Preliminary Injunction Is “Directly Adverse” to Another Client McDermott Will & Emery
Feb
2
2015
Patentability May Be Raised in CBM Patent Review: Covered Business Methods McDermott Will & Emery
Jul
8
2021
Venue Manipulation Obviates Geographically Bounded Claims in Venue Analysis McDermott Will & Emery
Feb
25
2015
Unauthorized Use of Patented Grape Plants Not an Invalidating Public Use Delano Farms Co. v. California Table Grape Comm’n McDermott Will & Emery
 

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