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
Custom text Organization Sort descending
Dec
1
2014
Arbitrator Should Decide Whether Dispute Falls Within the Scope of the Arbitration Clause McDermott Will & Emery
Apr
1
2021
Set Phase to Subject Matter Ineligible: More Accurate Haplotype Phase Method Still Abstract McDermott Will & Emery
Jul
27
2017
When Asserting Arbitration Provisions, Think Inside the Box: Roof N Box v. Building Materials McDermott Will & Emery
Jan
3
2015
The Advocate General of the EU Clarifies Position on Enforcement of SEPs (Standard-essential Patents) McDermott Will & Emery
Apr
15
2021
If it’s Not Legit, You Can’t Admit McDermott Will & Emery
Jan
29
2015
Is the Comic Book Character Copyright Infringement Saga Finally Over? McDermott Will & Emery
May
20
2021
New Perspective on Specific Personal Jurisdiction in Patent DJ Venue McDermott Will & Emery
Jun
17
2021
Paris Court of Appeals Rejects Pharmaceutical Supplementary Protection Certificate Applications McDermott Will & Emery
Feb
26
2015
Nationwide Mutual Insurance Co. v. Gum Tree Prop. Management, LLC: Duty to Defend Only Triggered Where Subject Activities Are Specified in the Policy McDermott Will & Emery
Aug
12
2021
Injunctive Relief Available Even Where Laches Bars Trademark Infringement, Unfair Competition Damage Claims McDermott Will & Emery
Aug
19
2021
Publisher’s Co-Authorship Claim Arises Under Copyright Act, Invoking Exclusive Federal Jurisdiction McDermott Will & Emery
Mar
27
2015
No Lanham Act Standing Without U.S. Trademark Use or Registration: Belmora LLC v. Bayer Consumer Care AG McDermott Will & Emery
Mar
28
2015
Threshold Issues: IPR Not Derailed by Unidentified D/B/A Name or Prior ANDA Certification McDermott Will & Emery
Mar
31
2015
Patent Board to Parties: “Call Me” - FLIR Systems v. Leak Surveys McDermott Will & Emery
Sep
23
2021
De Minimis Defense Doesn’t Protect Minimal Use of Concededly Infringing Material McDermott Will & Emery
Oct
7
2021
Federal Circuit to WD Tex.: Denial of Transfer Motion was Clear Error, Abuse of Discretion McDermott Will & Emery
Oct
14
2021
Oh the Horror: No Work for Hire in Friday the 13th Screenplay McDermott Will & Emery
May
1
2011
PTO’s Prima Facia Case - In Re Jung McDermott Will & Emery
Nov
4
2021
Standing Challenge Brews Trouble in Trademark Dispute McDermott Will & Emery
Nov
11
2021
The Plot Plot Thickens: Trade Secret, Tortious Interference, Fiduciary Duty Claims Survive Motion to Dismiss McDermott Will & Emery
May
1
2015
The “Totality of the Specification” Can Override a District Court’s Factual Findings McDermott Will & Emery
Jun
12
2011
Common Sense Variation Is Unpatentable McDermott Will & Emery
Jun
18
2011
Adding Only Dependent Claims Is Error Correctible By Reissue McDermott Will & Emery
Jul
2
2011
Rambus Encore: Duty to Preserve Documents for Litigation Clarified McDermott Will & Emery
Dec
9
2021
Federal Circuit Reverses Judge Stark Decision, Finds Computer Network Patent Eligible McDermott Will & Emery
Jul
15
2011
Analogous Art Must Address the Entire Problem Solved by the Patent McDermott Will & Emery
Aug
16
2011
Broad Injunctive Relief and Damage Award for Misappropriation of Trade Secrets Upheld McDermott Will & Emery
Sep
1
2011
Can Genes Be Patented? McDermott Will & Emery
 

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