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
2
2015
Elimination of Rule 84 and Form 18 Could Increase Pleading Standards in Patent Cases McDermott Will & Emery
Aug
11
2022
Rage against the Machine: Inventors Must Be Human McDermott Will & Emery
Aug
18
2022
Publisher’s Fair Use Defense Dries Up McDermott Will & Emery
Aug
25
2022
Prior Art Citation to Inventors’ Report Not “By Another” for § 102(e) McDermott Will & Emery
Mar
31
2012
United States Trademark Trial and Appeal Board: “Just Say No to ‘CRACKBERRY’” McDermott Will & Emery
Jan
26
2018
When Patent Royalties Are Not Capital Gains McDermott Will & Emery
Apr
8
2012
Interference Time Bar Can Flex McDermott Will & Emery
Sep
8
2022
Secondary Meaning: Consumers Connect Product with Single Anonymous Source McDermott Will & Emery
Sep
15
2022
A Window into Trade Secret Damages: R&D Costs Can Quantify Unjust Enrichment McDermott Will & Emery
Apr
29
2012
Patent Applicants Can Submit New Evidence to District Court in Civil Actions McDermott Will & Emery
Sep
22
2022
CAFC Pulls Final Loose Thread in Nike-Adidas Patent Row McDermott Will & Emery
May
6
2012
U.S. Chamber of Commerce Denied Registration of “National Chamber” Mark McDermott Will & Emery
Jul
30
2015
Could Bieb Be a Copyright Infringer? McDermott Will & Emery
Oct
6
2022
Hold That Generic, Please: Supreme Court Grants Emergency Request to Stay Federal Circuit’s Mandate McDermott Will & Emery
Jul
31
2015
Skimlinks, Inc. and Skimbit, Ltd. v. Linkgine, Inc.: Successful Joinder in CBM Proceedings McDermott Will & Emery
Jun
7
2012
Rule 9(b) Applies to False Marking Claims 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
Oct
27
2022
Establishing Indefiniteness Requires More Than Identifying “Unanswered Questions” Part II McDermott Will & Emery
Jun
12
2012
When the PTO Shows Sound Basis for Believing Two Products Are the Same, It Is the Applicant’s Burden to Show They Are Not McDermott Will & Emery
Jun
18
2012
Pre-AIA Patent Infringement Filings Still Subject to Mis-Joinder Rules McDermott Will & Emery
Nov
17
2022
Message to Judge Albright: Venue Motions Are First Order of Business McDermott Will & Emery
Mar
27
2018
Escaping Summary Judgment Under § 101 McDermott Will & Emery
Nov
29
2022
Court Uncorks New Way to Serve Trademark Complaints McDermott Will & Emery
Mar
28
2018
Injecting Claim Construction into Motion to Dismiss Analysis Is Improper McDermott Will & Emery
Aug
6
2012
Domain Name Administrator Is Not a Domain Name Registry for Jurisdictional Purposes McDermott Will & Emery
Sep
3
2012
Federal Circuit to Hear En Banc Issue of Jurisdiction Over Determinations of Liability Where Damages and Willfulness Issues Not Yet Addressed McDermott Will & Emery
Aug
26
2015
Contract Manufacturing Is a Commercial Transaction for Purpose of “On-Sale” Bar The Medicines Company v. Hospira, Inc. McDermott Will & Emery
Apr
25
2018
Earlier Disclosure Conveys Possession of Invention, Is Not Invalidating Reference McDermott Will & Emery
 

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