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

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Jun
28
2013
Claim Term Can Have Different Constructions Depending Upon Context In Patent Claims McDermott Will & Emery
Jan
14
2021
Revenge of the Grammar Nerds: Grammatical Canons Overturn $8.6 Million Jury Infringement Verdict McDermott Will & Emery
Jan
29
2016
What Happens on Remand of a PTAB Inter Partes Review Decision from the Federal Circuit? McDermott Will & Emery
Jan
21
2021
2020 IP Law Year in Review: Trademarks McDermott Will & Emery
Jan
29
2016
Motion to Amend in IPR Must Establish Patentability Over Prior Art from Original Prosecution McDermott Will & Emery
Aug
2
2013
First 100 Day Domestic Industry Initial Determination from International Trade Commission (ITC) Concludes No Domestic Industry McDermott Will & Emery
Feb
18
2021
Old Dawg, New Tricks: Bankruptcy Successor Is Also Inter Partes Re-Exam Successor McDermott Will & Emery
Aug
20
2013
English Court of Appeal Avoids Answering Whether or Not Proprietary Rights Exist in The Content of E-mails McDermott Will & Emery
Aug
30
2013
Patent Claims Are Indefinite Where Claimed “Molecular Weight” Subject to Different Calculations McDermott Will & Emery
Sep
2
2013
It’s the Words, Not the Ideas, that Are Copyrightable McDermott Will & Emery
Feb
24
2016
First Complaint Triggers One Year Time Bar for IPR Petition McDermott Will & Emery
Sep
11
2013
Commitment Issues: Federal Jury Awards Damages for Breach of Fair, Reasonable and Non-Discriminatory (FRAND) Obligation McDermott Will & Emery
Mar
11
2021
The Steep Price of Not Being Exceptional McDermott Will & Emery
Oct
1
2013
Election in Response to Ambiguous Restriction Requirement Does Not Relinquish Claim Scope McDermott Will & Emery
Nov
4
2013
Is a Patent Counterclaim Enough for Appeal to the Federal Circuit? It Depends McDermott Will & Emery
Mar
29
2016
NFL Players’ Right of Publicity Claims Denied McDermott Will & Emery
Nov
27
2013
The Eastern District of Texas Adopts a Model Order for Patent Cases in an Attempt to Reduce Litigation Costs McDermott Will & Emery
Mar
30
2016
Eon Corp. IP Holdings LLC v. Silver Spring Networks, Inc.: “Plain and Ordinary Meaning” Must Be Tethered to Invention Described in Specification McDermott Will & Emery
Jun
17
2021
10th Circuit Falls into Line on Exceptionality Doctrine in Lanham Act Cases McDermott Will & Emery
Feb
11
2014
Virgin v Jet Airways: English Courts Cannot Undermine EPO (European Patent Office) Patent Grant McDermott Will & Emery
Mar
2
2014
Arbitration Proceeding Do Not Trigger One-Year Statute of Limitations for Inter Partes Review McDermott Will & Emery
Jul
22
2021
Unified at Last? Germany’s Constitutional Court Removes UPC Hurdle McDermott Will & Emery
Mar
28
2014
A “Program” Is Just a Set of Instructions McDermott Will & Emery
May
27
2016
Federal Circuit Confirms Broadening of Standard for Divided Infringement McDermott Will & Emery
Sep
9
2021
Foreign Company’s Purposeful US Activities Blemishes Lack of Personal Jurisdiction Defense McDermott Will & Emery
Sep
16
2021
Sixth Circuit: It’s a Go on Plaintiff’s Claims Despite Arbitration Clause McDermott Will & Emery
Apr
30
2014
Lack of Intent Must Be Proved for All Times After Learning of a Patent McDermott Will & Emery
May
2
2014
Multivariate-Hedonic-Regression Damage Analysis Found to Be an Impermissible Rule of Thumb McDermott Will & Emery
 

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