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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Dec
8
2022
No Mulligans Here: PTO Rewinds Reexamination Based on Estoppel McDermott Will & Emery
Dec
15
2022
PTO Announces Cancer Moonshot Expedited Examination Pilot Program McDermott Will & Emery
Feb
2
2013
Federal Circuit Clarifies ITC Domestic Industry Requirement for Non-Practicing Entities McDermott Will & Emery
Feb
5
2013
Intentional Infringement of Copyright with Knowledge of Copyright Owner’s Forum Supports Claim of Personal Jurisdiction McDermott Will & Emery
Apr
25
2018
Claim Term Cannot Be Uncoupled from Specification and Claim Language McDermott Will & Emery
Jan
5
2023
Litigation Funding Probe Continues to Make Waves McDermott Will & Emery
Feb
10
2013
Positioning a Finger Flap Between Cans in a Carton Is Non-Obvious McDermott Will & Emery
Nov
2
2015
No Review of PTAB Determination to Not Institute an IPR, Again McDermott Will & Emery
Mar
3
2013
The Federal Circuit Is Not the Place for Side Bets (Re: Patent Infringement Litigation) McDermott Will & Emery
Feb
9
2023
KSR Does Not Extend to Design Patents (Yet) McDermott Will & Emery
Mar
7
2013
Mattel v. MGA Entertainment—The BRATZ Saga Continues McDermott Will & Emery
Feb
16
2023
Ninth Circuit Extends § 230 Immunity to Domain Name Registrars McDermott Will & Emery
Mar
11
2013
Adverse Inference Based on Destruction of Computer Evidence McDermott Will & Emery
Feb
24
2023
Patenting a Nice Cool Glass of Nicotinamide Riboside? Claims Covering Milk Invalid under § 101 McDermott Will & Emery
Mar
2
2023
PTO Seeks Comments on Role of Artificial Intelligence in Inventorship McDermott Will & Emery
Mar
9
2023
Patent Law Principles Apply to Claim Scope: Orange Book Delisting and Listing and Regulations McDermott Will & Emery
Mar
30
2013
Supreme Court Finds That “First Sale” Copyright Doctrine Applies to Works McDermott Will & Emery
Nov
30
2015
Hanover Ins. Co. v. Urban Outfitters, Inc.: No Fresh Wrong, No Duty to Defend McDermott Will & Emery
Apr
1
2013
Proof of Copying by Circumstantial Evidence Requires More than “Mere Possibility” in Copyright Infringement Case McDermott Will & Emery
Apr
6
2013
Don’t Photograph the Machines! Re: Trade Secrets Misappropriation Litigation McDermott Will & Emery
Jul
27
2018
Federal Circuit Zeros in on Genericness and Acquired Distinctiveness McDermott Will & Emery
May
2
2013
No “Safe Harbor” for BitTorrent Website Operator McDermott Will & Emery
Apr
20
2023
Overlapping Ranges in Prior Art Put Burden on Patentee to Show Criticality McDermott Will & Emery
Dec
23
2015
Patent Owner Should Have Left “Good Enough” Alone McDermott Will & Emery
Sep
27
2018
In the Doghouse: Prosecution History Estoppel, Design Claim Scope Are Different Inquiries McDermott Will & Emery
May
31
2013
Arbitration Clause Can Result in Amending an Agreement to Realize Its “Essence”: Timegate Studios, Inc. v. Southpeak Interactive, LLC et al. McDermott Will & Emery
Jun
2
2013
Re: Forum - Second Circuit Is Not the Place to Judge Claims of Fraud, Negligence, Breach of Contract, Unjust Enrichment and Conversion Against the Holy See McDermott Will & Emery
Oct
25
2018
Prediction: “Plain and Ordinary Meaning” Is Not Particularly Plain or Ordinary McDermott Will & Emery
 

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