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

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Mar
2
2018
“Love” Is Not Enough for Trademark Confusion: Marilyn D. Mintz v. Subaru of America, Inc McDermott Will & Emery
Mar
2
2018
Ninth Circuit Dishes Out Food for Thought on Summary Judgment McDermott Will & Emery
Mar
2
2018
An Uphill Battle Protecting Fashion Designs In Nigeria and Abroad Sheppard, Mullin, Richter & Hampton LLP
Mar
2
2018
A Vibration Dampener Fails Mayo/Alice Test in D. Delaware – Is the Decision as Shaky as it Seems? Schwegman, Lundberg & Woessner, P.A.
Mar
2
2018
Discovery Misconduct Can Cost More Than Just Your Case McDermott Will & Emery
Mar
2
2018
Rejecting Trademarks and Exclusive Distribution Rights in Bankruptcy McDermott Will & Emery
Mar
2
2018
Distinguishing “Expressly Aimed” Conduct from a “Substantial Connection” McDermott Will & Emery
Mar
2
2018
Scraping Is OK, Copying Proprietary Software Is Not McDermott Will & Emery
Mar
2
2018
No “Happy Together” Ending for Common Law Public Performance Rights in Florida McDermott Will & Emery
Mar
2
2018
Self-Help CIP Doesn’t Give Rise to § 121 Safe Harbor McDermott Will & Emery
Mar
1
2018
Knurling – Design Element or Technological Advancement? McDermott Will & Emery
Mar
1
2018
Former Band Member Must Sail On Down the Line McDermott Will & Emery
Mar
1
2018
PTAB Designates § 315(b) Opinions as Informative IPR Precedent McDermott Will & Emery
Mar
1
2018
Getting to the Right Cite McDermott Will & Emery
Mar
1
2018
Defense Counsel Narrowly Avoids Sanctions for Re-Litigating Decided Issues McDermott Will & Emery
Mar
1
2018
A Matter of Form: Pay Attention to Custom Verdict Instructions McDermott Will & Emery
Mar
1
2018
Establishing Obviousness: A Fundamental Case of Evidence Over Arguments Mintz
Mar
1
2018
Disclaiming Yourself into an Adverse Judgment McDermott Will & Emery
Mar
1
2018
PTAB Analysis Must Include Result of Prior IPR in Ruling on Dependent Claims: MaxLinear, Inc. v. CF Crespe LLC McDermott Will & Emery
Mar
1
2018
Non-Defendant IPR Petitioners’ Appellate Standing on Shaky Ground McDermott Will & Emery
Mar
1
2018
Don’t Count on Employment Agreement Promise of Assignment for Standing McDermott Will & Emery
Mar
1
2018
New Possibilities for Copyrighting Consumer Products Foley & Lardner LLP
Feb
28
2018
Facts? What Facts? Seems No Factual Basis Required for § 101 Rejections McDermott Will & Emery
Feb
28
2018
Concrete Solution to Computer Problem Is Patent Eligible McDermott Will & Emery
Feb
28
2018
Extrinsic Evidence Can Be Used to Support Inherent Anticipation McDermott Will & Emery
Feb
28
2018
Re-Examination Findings Not Dispositive in District Court Proceeding McDermott Will & Emery
Feb
28
2018
Apportionment Must Reflect No More than Invention’s Incremental Value McDermott Will & Emery
Feb
28
2018
Overruling Achates: PTAB Time-Bar Decisions Are Reviewable McDermott Will & Emery
 

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