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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Sep
12
2011
Narrowing Claim Amendment Blocks Application of the Doctrine of Equivalents, Again McDermott Will & Emery
May
29
2015
Info-Hold Cases: De Novo Review Where Claim Construction Evidence Is Neither Intrinsic Nor Extrinsic and Expert Damages Testimony Unnecessary for Damages McDermott Will & Emery
Mar
17
2022
Dude, Where’s My Venue? Texas Car Dealerships Aren’t Distributor Agents McDermott Will & Emery
Oct
12
2011
Underlying Invention and Not Category Literally Invoked by Claim Determines Subject Matter Eligibility McDermott Will & Emery
Oct
2
2017
Federal Circuit Issues Rare Reversal of PTAB IPR Decision Confirming Patent Claims McDermott Will & Emery
Dec
1
2011
Claim Construct Tension Persists at Federal Court McDermott Will & Emery
Dec
12
2011
FTC Staff Report Summarizes Recent Pay-for-Delay Settlements McDermott Will & Emery
Jan
8
2012
Amazon’s ‘One-Click’ Patent Still Alive in Canada McDermott Will & Emery
May
12
2022
Hit the Brakes: Experimental Use, Enhanced Damages Determinations Require Redo McDermott Will & Emery
Oct
30
2017
Gold Standard Instruments v. US Endodontics: Insufficient Teaching Away Throws Cold Water on Heat-Treating Patent McDermott Will & Emery
May
19
2022
Use of Negative Claim Construction is Unsound McDermott Will & Emery
Jan
31
2012
Proposals for Reform of the Data Protection Regime and Binding Corporate Rules McDermott Will & Emery
May
26
2022
There Should Be No Secret about Scope of Trade Secret Injunction McDermott Will & Emery
Jul
1
2015
Good Faith Belief in Invalidity No Defense to Active Inducement: Commil USA, LLC v. Cisco Systems, Inc. McDermott Will & Emery
Mar
1
2012
Alternative Basis for Invalidity Waived When Not Raised Before District Court McDermott Will & Emery
Jul
2
2015
Expedited Patent Appeal Pilot Program: Intellectual Property McDermott Will & Emery
Mar
16
2012
One Year Rule Bars Interference with an Issued Patent McDermott Will & Emery
Apr
1
2012
Reverse Engineering Software, Without More, Not Trade Secret Misappropriation in California McDermott Will & Emery
Dec
22
2017
Clinical Trial Hypothesis Doesn’t Constitute Reasonable Expectation of Success McDermott Will & Emery
Jul
21
2022
Threat of ITC Exclusion Order Is Too Speculative to Constitute Irreparable Harm McDermott Will & Emery
May
7
2012
Damages May Not be Used to “Punish” Willful Trademark Infringement McDermott Will & Emery
May
19
2012
Licensing Discussions Give Rise to Declaratory Judgment Action McDermott Will & Emery
May
28
2012
Patent Applicants Can Submit New Evidence to the District Court in Civil Actions Under §145 McDermott Will & Emery
Jun
8
2012
Consolidation in Multi-Defendant Patent Infringement Cases: Or How I Learned To Live with the AIA McDermott Will & Emery
Aug
25
2022
Not “Use It or Lose It”: Even if Unexercised, Director’s Authority over Institution Decisions Remains McDermott Will & Emery
Sep
8
2022
Check Your Expert Skills and Standing McDermott Will & Emery
Sep
15
2022
PTO Director Lays Out Limits on “Roadmapping” as Factor for Discretionary IPR Denials McDermott Will & Emery
Sep
22
2022
Sometimes Inactions Speak Louder Than Words McDermott Will & Emery
 

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