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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Jan
30
2019
Ex Parte Communications Lead to PTAB Sanctions McDermott Will & Emery
Jul
20
2023
Reissue Boat Won’t Float: “Original Patent” Rule Sinks New Floating Grill Claims McDermott Will & Emery
Dec
24
2015
Federal Circuit Limits the Safe Harbor Provision and the Scope of § 271(g) McDermott Will & Emery
Feb
28
2019
Licensor's Non-Material Breach Doesn't Excuse Royalties Non-Payment McDermott Will & Emery
Jun
1
2013
Okay—Now What? Fractured Federal Circuit Issues Five Opinions in CLS Bank International Case McDermott Will & Emery
Jun
3
2013
No Standing by Alleged True Copyright Owner in Music Infringement Case McDermott Will & Emery
Aug
31
2023
Nothing Lost in Translation: Book’s Spanish Version Isn’t Different Creative Work McDermott Will & Emery
Mar
29
2019
Representations of Opposing Party's Corporate Subsidiary can Cause Disqualification McDermott Will & Emery
Sep
7
2023
It’s a Taking: Copyright Deposit Requirement Violates Fifth Amendment McDermott Will & Emery
Jun
28
2013
The Supreme Court to Review the Standard for Standing to Bring Lanham Act False Advertising Claims McDermott Will & Emery
Jun
30
2013
Federal Circuit Finds that Arguments Made When Traversing a Restriction Requirement Can Constitute Prosecution Disclaimer McDermott Will & Emery
Jan
29
2016
Clarifying the Obscure (Claim Indefiniteness) McDermott Will & Emery
Apr
26
2019
PTAB Clarifies when live Testimony at Oral Argument is Permitted, and Motion to Amend Practice McDermott Will & Emery
Aug
2
2013
Ambiguity as to Copyright Renewal Term Must Be Litigated McDermott Will & Emery
May
30
2019
Infringer Need Not Have "Affixed" The Mark To Goods To Be Found Liable McDermott Will & Emery
Aug
20
2013
English Court of Appeal Dismisses Formula One Confidentiality and Copyright Infringement Appeal McDermott Will & Emery
Aug
30
2013
President Disapproves International Trade Commission (ITC) Exclusion Order McDermott Will & Emery
Nov
16
2023
Status Quo Has Few Defenders at PREVAIL Act Senate Subcommittee Hearing McDermott Will & Emery
Sep
1
2013
Owner of Compilation Need Not List Individual Authors to Register Copyright McDermott Will & Emery
Feb
24
2016
No Institution Based Solely on Unsupported Expert Testimony McDermott Will & Emery
Feb
25
2016
J.P. Morgan Chase LLC V. Intellectual Ventures II LLC: CBM Jurisdiction Survives Abandonment of CBM Claims McDermott Will & Emery
Jun
28
2019
Just Because It’s Written Doesn’t Mean It’s Descriptive McDermott Will & Emery
Oct
1
2013
Ambiguous Claim Terms May Soon Be Construed Against the Drafter McDermott Will & Emery
Jul
1
2019
Nothing Fishy Here: No Private Right Of Action Precludes § 337 Unfair Competition Claim McDermott Will & Emery
Oct
3
2013
State-Chartered Entity Lacks Standing to Sue over Russian-Federation-Owned Stoli Trademarks McDermott Will & Emery
Dec
21
2023
Store This Element: Lexicography Controls Claim Term Definition Over Plain and Ordinary Meaning McDermott Will & Emery
Nov
3
2013
Put a Fork in It, Software Patent Now Fully Cooked McDermott Will & Emery
Mar
29
2016
Financial Gain Not Required to Prevail in Trade Secret Theft Claim McDermott Will & Emery
 

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