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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Oct
4
2014
Holy Non-Infringement, Batman!, Fortres Grand Corporation v. Warner Bros. Entertainment Inc. McDermott Will & Emery
Mar
29
2017
Export of Single Component of Patented Combination Does Not Impose Liability Under § 271(f)(1) McDermott Will & Emery
Dec
17
2020
PTAB Designates Three Opinions as Precedential in 2020 McDermott Will & Emery
Jan
14
2021
Patent Owner's Disavowal of Appeal from District Court’s Noninfringement Judgment Moots IPR Appeal McDermott Will & Emery
Jan
21
2021
CJEU Referral on Preliminary Injunctions by the Munich I District Court McDermott Will & Emery
Oct
30
2014
Diaper Maker’s Patent Claims Soiled by Delay McDermott Will & Emery
Nov
1
2014
Timeliness – The Devil Is in the Details (a.k.a. Rules) McDermott Will & Emery
Apr
29
2017
PTAB to Petitioners: Get a Move On McDermott Will & Emery
Feb
4
2021
US-China Agreement Supports International Injunction Against Alleged Chinese Counterfeiter Under State Law McDermott Will & Emery
Nov
3
2014
PTAB Clarifies Permissible Use of Documents and Evidence McDermott Will & Emery
May
30
2017
Rule 36 Affirmance Can Create Issue Preclusion for Claim Construction McDermott Will & Emery
Nov
25
2014
Post-Alice Federal Circuit Finds Internet Advertising Method Not Patent Eligible McDermott Will & Emery
May
31
2017
Sometimes It’s Better to Forgo Appeal: Wasica Finance GmbH v. Continental Automotive Systems Inc., et al. McDermott Will & Emery
Mar
11
2021
First-to-File Rule Requires That Action Could Have Been Brought in Transferee Forum McDermott Will & Emery
Jun
1
2017
Time to Zoom In on Application of DMCA Safe Harbor Defense McDermott Will & Emery
Nov
29
2014
Joint Motions to Terminate Pre-Institution IPRs Should Explain Why Termination Is Appropriate McDermott Will & Emery
Dec
1
2014
Seventh Circuit Cites Petrella to Save Copyright Suit from Dismissal McDermott Will & Emery
Dec
15
2014
FTC Commissioner Brill Urges Congress to Act on Patent Trolls McDermott Will & Emery
Dec
30
2014
Back to the Future—Supreme Court to Review Rule On Post-Expiration Patent Royalties McDermott Will & Emery
Jul
26
2017
Ninth Circuit Purges Anti-SLAPP Motion for Contract Claims McDermott Will & Emery
Jan
2
2015
Serial Objections to Evidence Are Not Required if Supplemental Evidence Is Filed and Served McDermott Will & Emery
Jan
4
2015
Pro Se Not Welcome at PTAB McDermott Will & Emery
May
20
2021
Prosecution History Prevents Patent Owner from “Intercepting” Win on Appeal McDermott Will & Emery
Jan
29
2015
Supreme Court: Claim Construction Is Subject to Hybrid Review McDermott Will & Emery
Jun
17
2021
Ninth Circuit Withdraws Opinion That Signaled Shift in Arbitration Landscape for Non-Signatories McDermott Will & Emery
Jan
30
2015
Statements Regarding Live Scientific Debate Still Subject to False Advertising Claim McDermott Will & Emery
Feb
1
2015
Pom Wonderful Likely to Succeed in Infringement Claim Against “pŏm”-Branded Beverage: Pom Wonderful LLC v. Hubbard McDermott Will & Emery
Feb
2
2015
Prior Declaratory Judgment Action Fatal to Petitioner in GTNX, Inc. v. INTTRA, Inc. McDermott Will & Emery
 

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