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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Apr
16
2020
Delaware 101 Pleading Analysis Leaves Parties Guessing and Prosecutors Moving to Adapt Sheppard, Mullin, Richter & Hampton LLP
Sep
23
2016
Virtual Porn – Real Patent Lawsuit Sheppard, Mullin, Richter & Hampton LLP
May
19
2020
COVID-19 Web-Based IP Platform to Facilitate Connections Sheppard, Mullin, Richter & Hampton LLP
Nov
3
2016
Ninth Circuit Retires Fee-Award Standard, Imports Octane Fitness to Trademark Cases Sheppard, Mullin, Richter & Hampton LLP
Oct
8
2020
Alice and Incongruity in PTAB Appeals Sheppard, Mullin, Richter & Hampton LLP
Feb
5
2021
Cementing Victory by Accepting Defeat: When Can a Patentee’s Infringement Disclaimer Moot an Appeal of an IPR Decision? Sheppard, Mullin, Richter & Hampton LLP
Nov
20
2014
China Court Ruled Infringement for Ambush Marketing in Film Industry Sheppard, Mullin, Richter & Hampton LLP
Apr
27
2021
Activision Files Lawsuit Over the Rights to Use the Word Warzone in the Call Of Duty Series Sheppard, Mullin, Richter & Hampton LLP
Mar
13
2015
The Blurred Line Between Inspiration and Copying - A $7.4 Million Copyright Question Sheppard, Mullin, Richter & Hampton LLP
Sep
21
2021
NFT License Breakdown: Exploring Different Marketplaces and Associated License Issues Sheppard, Mullin, Richter & Hampton LLP
Nov
1
2009
Creating the (Virtual) American Dream: User-Generated Content and Trademarks in Virtual Worlds Sheppard, Mullin, Richter & Hampton LLP
Aug
5
2010
Ninth Circuit Finds Employment Agreement Ambiguous As To Whether An Employee's "Ideas" Were Assigned To Employer Sheppard, Mullin, Richter & Hampton LLP
Mar
27
2011
This Season, Cover Your Apps - Intellectual Property Concerns of Apps Sheppard, Mullin, Richter & Hampton LLP
Jun
18
2011
Supreme Court Rules That Knowledge Of Patent Is Required For Liability For Inducing Patent Infringement, But Willful Blindness Is Enough Sheppard, Mullin, Richter & Hampton LLP
Aug
31
2011
Recent Cases Paint Troubling Picture of Art Experts in Poland Sheppard, Mullin, Richter & Hampton LLP
Jul
16
2012
Supreme Court confirms that generic drug manufacturers can challenge brand-name use-code descriptions in patent litigation Sheppard, Mullin, Richter & Hampton LLP
Feb
28
2023
French Insider Episode 20: Growing Your Business in America: The Story of Qobuz and Its Growth in Music Streaming with Dan Mackta [PODCAST] Sheppard, Mullin, Richter & Hampton LLP
Apr
19
2023
Design Patent Protection for Computer Generated Icons and Graphical User Interfaces Sheppard, Mullin, Richter & Hampton LLP
Jun
22
2023
Congress Proposes National Commission to Create AI Guardrails Sheppard, Mullin, Richter & Hampton LLP
Jun
28
2023
How Quickly are Judge Albright Patent Cases Going to Trial? Sheppard, Mullin, Richter & Hampton LLP
May
8
2019
Converting an IPR Loss into a District Court Win Sheppard, Mullin, Richter & Hampton LLP
Sep
25
2013
Creating Intellectual Property is Hard; Losing It to Uncle Sam is Easy Sheppard, Mullin, Richter & Hampton LLP
Mar
11
2016
Recent Developments in Recordal Procedures for Trademark Licenses in China Sheppard, Mullin, Richter & Hampton LLP
Mar
21
2016
Improper Use of Commercial Signs — Proposed Revisions to Article 5 of the PRC Anti-Unfair Competition Law Sheppard, Mullin, Richter & Hampton LLP
Dec
10
2023
Axonics, Inc. v. Medtronic, Inc. Nos. 2022-1532, 2022-1533, (Fed. Cir. August 7, 2023) Sheppard, Mullin, Richter & Hampton LLP
Dec
18
2023
Federal Circuit Clarifies Standards to Establish Nexus Between Objective Evidence and Non-Obviousness, and to Establish Copying in Medtronic et al. v. Teleflex Innovations Sheppard, Mullin, Richter & Hampton LLP
Dec
21
2023
“Comparison Prior Art” Must Be Tied to the Same Article of Manufacture as That Claimed Sheppard, Mullin, Richter & Hampton LLP
Apr
19
2024
Divided 9th Circuit Says District Court Has Power to Adjudicate TM Applications Sheppard, Mullin, Richter & Hampton LLP
 

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