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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Mar
2
2017
Sovereign Immunity Can Shield State University Research Foundations in PTAB Proceedings McDermott Will & Emery
Jan
14
2021
How Not to Build a Case of Trade Secret Misappropriation McDermott Will & Emery
Oct
3
2014
Inter Partes Review Not Stayed, Despite Looming Patent Ownership Trial, Symantec Corp. v. RPost Commc’ns Ltd. McDermott Will & Emery
Oct
5
2014
A Warehouse Full of Unapproved Genetically-Modified Seeds; Now What?, Syngenta Seeds, Inc. v. Bunge North America, Inc. McDermott Will & Emery
Mar
30
2017
Factual Findings Required to Show “Apparent Reason to Combine” in Patent Litigation McDermott Will & Emery
Feb
18
2021
A Closed Book: No Past Infringement, No Reading Between the Lines into the Future McDermott Will & Emery
Oct
31
2014
Method Implemented on Generic Computers Is Not Patent Eligible, but Method for Processing Paper Checks Is - Salesforce.com, Inc. v. Virtualagility, Inc. and U.S. Bancorp v. Solutrain, Inc. McDermott Will & Emery
Apr
28
2017
Meiresonne v. Google: To Teach Away, Prior Art Must Criticize, Discredit or Discourage the Invention McDermott Will & Emery
Nov
2
2014
Specificity and Negotiation Are the Buzz Words for IPR Discovery McDermott Will & Emery
May
1
2017
Throwing Out One Baby, but Not Two, with the Bathwater: Technology Properties Ltd. v. Huawei Technologies Co., Ltd. McDermott Will & Emery
Mar
24
2021
Freeze Frame: EU Copyright Holders Entitled to Restrict Framing McDermott Will & Emery
Nov
26
2014
Getting It Right the First Time: United States Postal Service v. Return Mail, Inc.; Conopco, Inc. v. The Proctor & Gamble Co. McDermott Will & Emery
Nov
28
2014
PTAB Expands Discovery for Inter Partes Review McDermott Will & Emery
Apr
29
2021
School’s Out: Trademark Settlement Agreement Enforceable McDermott Will & Emery
Dec
1
2014
Confidentiality Agreements Not Enforceable in Absence of Reasonable Efforts to Preserve Confidentiality McDermott Will & Emery
May
20
2021
Targeted Advertising Still Patent Ineligible Subject Matter McDermott Will & Emery
Jun
10
2021
What You Say Can and Will be Used Against You – Prosecution History and Prior Infringement Arguments McDermott Will & Emery
Dec
31
2014
Same Prior Art May Be Considered Differently in Connection with Different Petitions McDermott Will & Emery
Jul
27
2017
Standard for Claim Indefiniteness Virtually Relaxes: One-E-Way v. Sony McDermott Will & Emery
Jan
3
2015
PTAB Issues Rare Dissent in Non-Institution Decision McDermott Will & Emery
Jun
24
2021
Supreme Court Assigns PTO Director a New Gig: Reviewing the PTAB’s Inter Partes Decisions McDermott Will & Emery
Jan
30
2015
No Declaratory Jurisdiction Without Biosimilarity Application on File with FDA McDermott Will & Emery
Aug
12
2021
Employee Agreement of What “Shall Be” is Future Promise, Not Present Assignment McDermott Will & Emery
Feb
2
2015
Patentability May Be Raised in CBM Patent Review: Covered Business Methods McDermott Will & Emery
Aug
19
2021
If Intrinsic Evidence Provides a Clear Meaning, Just Stop McDermott Will & Emery
Sep
2
2021
Lanham Act Reaches Foreign Defendants’ Extraterritorial Conduct, but Worldwide Injunction Too Broad McDermott Will & Emery
Feb
25
2015
Unauthorized Use of Patented Grape Plants Not an Invalidating Public Use Delano Farms Co. v. California Table Grape Comm’n McDermott Will & Emery
Sep
23
2021
Discretion to Authorize Hague Alternative Service on Foreign Defendant—It’s All About Time and Cost McDermott Will & Emery
 

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