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
31
2015
Upcoming Implementation of the Italian Patent Box Regime McDermott Will & Emery
Jul
21
2022
Clearly, the Disclosure Was an Error McDermott Will & Emery
Jun
6
2012
FDA Labels and Method Claims Must Be in Sync, or ANDA Infringement Is Sunk McDermott Will & Emery
Aug
1
2015
In Seeking Patent Review, Timing Matters: GTNX v. INTTRA McDermott Will & Emery
Dec
22
2017
Newsletter Sent to US Customers Insufficient to Establish Personal Jurisdiction McDermott Will & Emery
Jul
28
2022
Breach of Confidentiality Claim Survives Motion to Dismiss under Anti-SLAPP Law McDermott Will & Emery
Jun
12
2012
Fashion Fakes: No Counterfeit Burberrys® Allowed Here McDermott Will & Emery
Aug
4
2015
Ninth Circuit is the First Appeals Court to Rule on RAND-SEP Licensing McDermott Will & Emery
Aug
4
2022
Claim Construction Error Fuels Remand McDermott Will & Emery
Jun
16
2012
Fact Issues Preclude Summary Judgment in Fabric Design Infringement Suit McDermott Will & Emery
Aug
11
2022
In the Weeds? Humira “Patent Thicket” Isn’t an Antitrust Violation McDermott Will & Emery
Aug
18
2022
Veil Piercing Under Lanham Act Requires Specific Showing of Liability McDermott Will & Emery
Jul
11
2012
Ambiguous Incorporation-by-Reference Language Breaks Continuity Link McDermott Will & Emery
Jan
26
2018
No Rehearing on Inequitable Conduct McDermott Will & Emery
Aug
5
2012
A Substantial Non-Infringing Use Does Not Preclude a Finding of Inducement McDermott Will & Emery
Aug
16
2012
Judicial Estoppel Bars Flip-Flop Within the Same Case as to Ownership of Patents McDermott Will & Emery
Sep
15
2022
If You Come for the Prince, You Best Not Miss McDermott Will & Emery
Sep
3
2012
USPTO Releases Proposed Rules for Implementation of AIA McDermott Will & Emery
Sep
22
2022
No Second Bite at the Apple: Dismissal under Duplicative-Litigation Doctrine McDermott Will & Emery
Aug
27
2015
Juice Generation, Inc. v. GS Enters., LLC - When Peace and Love Are Not Enough: Consider It All McDermott Will & Emery
Sep
13
2012
Trade Secret Misappropriations Accusations Are Not Proof of a Habit McDermott Will & Emery
Aug
28
2015
Rule 11 Sanctions Are Rare and Reserved for the Most Egregious of Violations McDermott Will & Emery
Oct
6
2022
And the Band Played On: Reviewing Rule 54(b) Partial Summary Judgment Based on Who Did What to Whom and When McDermott Will & Emery
Oct
1
2012
Patent Wars: EU’s Top Regulator Takes Front Line Position McDermott Will & Emery
Mar
1
2018
Don’t Count on Employment Agreement Promise of Assignment for Standing McDermott Will & Emery
Oct
7
2012
Copyright Protection for Architect’s Expression McDermott Will & Emery
Mar
2
2018
Discovery Misconduct Can Cost More Than Just Your Case McDermott Will & Emery
Oct
12
2012
Same Claim Terms Used In Related Patents Have the Same Meaning McDermott Will & Emery
 

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