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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Jul
28
2017
PTAB Can Adopt Petitioners’ Arguments Wholesale McDermott Will & Emery
Jan
4
2015
Identifying the Real Party in Interest in Intellectual Property McDermott Will & Emery
Jan
19
2015
The Explicit Definition of a Claim Term Is Not Limiting Where It Excludes a Preferred Embodiment McDermott Will & Emery
Jan
29
2015
Thirty-Year-Old Conspiracy to Misappropriate Trade Secrets Lives On McDermott Will & Emery
Jan
31
2015
TAKETEN and TAKE10! Can Coexist Without Confusion re: Trademarks McDermott Will & Emery
Feb
2
2015
PTAB Warns Patent Owner that Not Participating Will Result in Adverse Judgment McDermott Will & Emery
Jul
29
2021
PTO Updates Arthrex Guidance McDermott Will & Emery
Aug
26
2021
When it Comes to Method of Use Claims, Preamble Language Regarding Intended Use is Limiting McDermott Will & Emery
Sep
9
2021
3D Chess at the Federal Circuit: Can’t Walk Back Arguments in Prior Appeal or Prosecution History McDermott Will & Emery
Sep
16
2021
Material Information Submitted to FDA but Withheld from PTO Gives Rise to Inequitable Conduct McDermott Will & Emery
Mar
30
2015
Patent Board Willing to Admit Questionable Evidence in Close Cases: Fujian Newland v. Hand Held Products McDermott Will & Emery
May
15
2011
Specification Must Sufficiently Describe Claimed Invention to Show Possession of Claimed Subject Matter McDermott Will & Emery
Apr
30
2015
Offering of Services Alone Insufficient Basis for § 1(a) Trademark Application: David Couture v. Playdom McDermott Will & Emery
Jun
7
2011
Even Under Bayh-Dole, Employee Inventor Has First Dibs McDermott Will & Emery
May
1
2015
Deferential Review for District Court Obviousness Determination McDermott Will & Emery
Feb
17
2022
Federal Circuit Sends iPhone Patent Dispute Back for Third Damages Trial McDermott Will & Emery
Jul
19
2011
Endo Finds Pain Relief from Board’s “Erroneous Reasoning” McDermott Will & Emery
Jul
29
2011
Scarlett? Rhett? Frankly My Dear, I Don’t Give a Damn: Warner Bros. Entertainment Inc. et al. v. X One X Productions et al., McDermott Will & Emery
Mar
2
2022
SEP's and FRAND Laws Take Unexpected Turns Throughout Germany, Europe McDermott Will & Emery
Aug
20
2011
Going Down: Means-Plus-Function Elements on Claims to Elevator Invention Are Structural McDermott Will & Emery
Sep
5
2011
Federal Circuit Jurisdiction over State-Law Tort Claim McDermott Will & Emery
May
29
2015
ID on Infringement and Public Interest in Remand of InterDigital Investigation McDermott Will & Emery
May
30
2015
Need to Establish Criticality of Claimed Range to Avoid Anticipation by Broader, Overlapping Range McDermott Will & Emery
Oct
6
2011
Ninth Circuit Declares that “The King” Is Dead (in Copyright Cases) McDermott Will & Emery
Nov
12
2011
Court of Justice of the European Union Provides Further Guidance on Circumstances in which Keyword Advertising Constitutes Trademark Infringement McDermott Will & Emery
Dec
7
2011
“One,” But Not the One and Only McDermott Will & Emery
Jan
2
2012
ITC Issues General Exclusion Order Based on Respondents’ “Willful Blindness” and Potential to Evade Order McDermott Will & Emery
Oct
30
2017
Airtight Victory for RV Seal Supplier in Appeal to Overturn Dismissal: Lifetime Indus., Inc. v. Trim-Lok, Inc. McDermott Will & Emery
 

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