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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May
28
2015
Wood Laminate Flooring Design “Not a Slavish Copy of Nature” McDermott Will & Emery
May
29
2015
Federal Circuit Vacates Panel Decision on Disparaging Trademark and Orders En Banc Hearing McDermott Will & Emery
Oct
5
2011
Third-Party Web Ads Confer Jurisdiction over Nonresident McDermott Will & Emery
Oct
18
2011
Federal Circuit Affirms ITC's Determination that Litigation Generally Cannot Be Used to Establish a Domestic Industry McDermott Will & Emery
Nov
10
2011
Unclaimed Feature Not Limiting, Even When Required to Practice Claims McDermott Will & Emery
Nov
22
2017
Generic Defendants Shed No Tears after Winning Motion to Add Incorrect Inventorship Defense McDermott Will & Emery
Nov
23
2011
Section 337 Violation May Be Based on Trade Secret Misappropriation Occurring Abroad McDermott Will & Emery
Dec
5
2011
Post-Therasense: Inequitable Conduct Really Is a Higher Standard McDermott Will & Emery
Jul
14
2022
Copyright Claim in Digital Message Format Fizzles Out McDermott Will & Emery
Jul
21
2022
Tableware Designer Gets Heavenly Results on Its Pearly Plates McDermott Will & Emery
Dec
22
2017
PTAB Explains Procedure for Handling Remand from Federal Circuit McDermott Will & Emery
Jun
30
2015
Music Streaming Rights Are Included in ASCAP’s Licenses McDermott Will & Emery
Jul
1
2015
Only Basic Functions of a Processor Avoid Need for Disclosed Algorithm - EON Corp. IP Holdings LLC v. AT&T Mobility LLC McDermott Will & Emery
Aug
18
2022
Recapture Rule Applies to Subject Matter Surrendered to Overcome § 101 Rejection McDermott Will & Emery
Mar
10
2012
A Surprise to No One; Means-Plus-Function Claim Elements Are Limited by Disclosed Embodiments McDermott Will & Emery
Jul
4
2015
International Business Machines Corp. v. Intellectual Ventures I LLC: Submission of Supplemental Evidence in an IPR May Be Submitted After the Due Date McDermott Will & Emery
Jan
26
2018
Got the Message: PTAB Doesn’t Have to Construe Claim Term McDermott Will & Emery
Mar
27
2012
Contribution Toward Method for Making a Chemical Compound Constitutes Conception of Invention Directed to Compound McDermott Will & Emery
Apr
5
2012
No Independent Analysis—No Preliminary Injunction McDermott Will & Emery
Apr
25
2012
Method for Tax-Deferred Real Estate Investments Not Patentable, Notwithstanding Computer Limitations McDermott Will & Emery
May
13
2012
No Trademark Protection for Design of Closure Cap for Medical Collection Tubes McDermott Will & Emery
Jul
30
2015
OIP Technologies, Inc. v. Amazon.com, Inc. - Price Optimization in E-Commerce Not Patent Eligible McDermott Will & Emery
Oct
13
2022
Long Live the Kingpin: No Abandonment Based on Nonuse During Drug Sanctions Period McDermott Will & Emery
Jul
31
2015
A Kinder, Gentler PTAB Allows Claim Amendments: REG Synthetic Fuels LLC v. Neste Oil Oyj McDermott Will & Emery
Feb
28
2018
Extrinsic Evidence Can Be Used to Support Inherent Anticipation McDermott Will & Emery
Oct
20
2022
PTO Requests Comments on Initiatives to Expand Board Opportunities, Registration to Practice Criteria McDermott Will & Emery
Jun
4
2012
Supreme Court: Generic Drug Manufacturers Have Counterclaim Right to Correct Improper Use Codes McDermott Will & Emery
Jul
31
2015
Poor Litigation Conduct by Prevailing Party Not Enough to Obviate Exceptional-Case Doctrine McDermott Will & Emery
 

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