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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Nov
17
2022
Message to Judge Albright: Venue Motions Are First Order of Business McDermott Will & Emery
Sep
9
2012
No-Challenge Clauses Do Not Bar Later Challenges to Patent Validity McDermott Will & Emery
Aug
27
2015
What Does It Take to Trademark Your Name? 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
Sep
14
2012
Let the Jury Decide Trade Secret Misappropriation Claim McDermott Will & Emery
Mar
28
2018
Injecting Claim Construction into Motion to Dismiss Analysis Is Improper McDermott Will & Emery
Oct
2
2012
§ 301(a) of Copyright Act Creates Complete Preemption McDermott Will & Emery
Apr
25
2018
Earlier Disclosure Conveys Possession of Invention, Is Not Invalidating Reference McDermott Will & Emery
Apr
26
2018
Seventh Circuit Hands the Ball to State Supreme Court McDermott Will & Emery
Jan
19
2023
Swing and a Miss: Failed Interferences Don’t Affect Later Ones McDermott Will & Emery
Nov
24
2012
Federal Circuit Affirms Finding of Obviousness in DNA Patent Application McDermott Will & Emery
Sep
29
2015
Royalty Allocations for Royalty Pools Must Be Well Reasoned and Based on a Record McDermott Will & Emery
Sep
30
2015
Standing Requires the Transfer of All Substantial Rights, Regardless of Whether a Patent Is Expired McDermott Will & Emery
Feb
23
2023
Message Received: US Courts Are Appropriate, More Convenient Venue to Adjudicate US IP Disputes McDermott Will & Emery
Oct
1
2015
Licensing Agent Has Standing to Bring Copyright Infringement Suit re: Stock Photography McDermott Will & Emery
Jan
1
2013
Lack of Striking Similarity Ends The Big C Copyright Infringement Action in the Ninth Circuit McDermott Will & Emery
Mar
16
2023
The Fondues and Don’ts of Certification Marks McDermott Will & Emery
Jan
12
2013
Section 102(g) Is Still Available as a Defense for Pre-AIA Patents McDermott Will & Emery
Jul
27
2018
Plaintiffs Walk Out in Shame After Attorneys’ Fees Award Affirmed McDermott Will & Emery
Oct
19
2015
CBP Expands Information Sharing Procedures to Help Detect Counterfeit Merchandise McDermott Will & Emery
Jan
28
2013
New EU Counterfeit Goods Regulation McDermott Will & Emery
Apr
6
2023
Press Pause: De Novo Review Not Always Required for Obviousness McDermott Will & Emery
Feb
3
2013
Sanctioned Parties in Exceptional Cases Continue to Get Fresh Second Look from Federal Circuit McDermott Will & Emery
Apr
13
2023
PTO to Host Listening Session on Role of AI in Innovation McDermott Will & Emery
Oct
30
2015
PTAB to Purchasers: “Caveat Emptor” McDermott Will & Emery
Aug
29
2018
Copyright in Data Compilations Is Thin: Experian Information Solutions, Inc. v. Nationwide Marketing Services Incorporated McDermott Will & Emery
Nov
2
2015
“Raging Bull” and the Patent Act: Laches Still Available in Patent Cases - SCA Hygiene Products v. First Quality Baby Products McDermott Will & Emery
 

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