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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Jan
29
2020
No Statutory Damages Even When Post-Registration Acts Violate a Different Exclusive Right from Pre-Registration Acts McDermott Will & Emery
May
28
2014
Gilead Warns: Examine Patent Portfolios for Double Patenting Pitfalls McDermott Will & Emery
Jul
26
2016
Burning Man Bus Not a Protected Work of Visual Art Under Visual Artists Rights Act McDermott Will & Emery
Jul
27
2016
Indirect Patent Infringement Can Be Based on Willful Blindness and Circumstantial Evidence McDermott Will & Emery
Jun
3
2014
Banana Lady Performance Not Copyrightable: Conrad v. AM Community Credit Union McDermott Will & Emery
Apr
2
2020
Administrative Patent Judges – You’re Fired (At Will and Without Cause) McDermott Will & Emery
Aug
30
2016
Federal Circuit Will Review PTAB Rules for Claim Amendments in AIA Reviews McDermott Will & Emery
Sep
28
2016
PTAB Must Provide Explanation in Support of Conclusory Findings McDermott Will & Emery
Sep
29
2016
Trader Woes: Lanham Act Applies Extraterritorially to Canadian Resale of US Grocery Chain’s Products McDermott Will & Emery
Jun
27
2014
Federal Circuit Applies Octane Fitness/Highmark Exceptional Case Standard: Innovative Biometric Technology LLC v. Toshiba America Information Systems, Inc. McDermott Will & Emery
Jun
30
2014
"STOP THE ISLAMISATION OF AMERICA" Is Disparaging: In re Pamela Geller and Robert B. Spencer McDermott Will & Emery
Apr
30
2020
Can’t Have Layered Architecture Cake and Eat It Too: No Importing Limitations from Specification in § 101 Analysis McDermott Will & Emery
Jul
2
2014
Disclosure of a Single Embodiment Can Provide Sufficient Written Description McDermott Will & Emery
May
7
2020
Federal Circuit Sinks Another Attempt to Use PTO Guidance McDermott Will & Emery
Oct
27
2016
Iqbal/Twombly Pleading Standard Governs Joint Patent Infringement Claims McDermott Will & Emery
Oct
27
2016
Use of Judicial Notice in Likelihood of Confusion Analysis Held Improper McDermott Will & Emery
May
19
2020
What’s the Deal with Comedians?: Too Late for Copyright Claim against Seinfeld McDermott Will & Emery
Jun
5
2020
USPTO Proposes New Rules for Post-Grant Proceedings McDermott Will & Emery
Nov
28
2016
Reconsideration of Institution Decisions Is Also “Final and Nonappealable” McDermott Will & Emery
Jul
30
2014
Obviousness Only Requires Reasonable Expectation of Success of One Compound Encompassed by Broad Genus Claims McDermott Will & Emery
Jun
24
2020
PTO Extends Time to Petition for Restoration of Right of Priority or Benefit McDermott Will & Emery
Dec
9
2016
For Design Patent Damages 'Article of Manufacture’ Not Necessarily Entire End Product McDermott Will & Emery
Jul
1
2020
Amazon Seller Hit with Sanctions in Lanham Act Appeal McDermott Will & Emery
Aug
7
2014
Sixth Circuit Affirms the Importance of Identifying Protected Elements of Copyrighted Software McDermott Will & Emery
Jul
15
2020
Federal Circuit Extends Arthrex to Ex Parte Re-Examination Proceedings McDermott Will & Emery
Jul
30
2020
Without Personal Jurisdiction or Causal Relationship, Wheels Come Off Misappropriation Claim McDermott Will & Emery
Jan
31
2017
It’s in the Bag: True Parody Cannot Dilute Famous Mark McDermott Will & Emery
Sep
16
2020
Jersey Boys Don’t Cry: No Copyright Protection for Facts “Based on a True Story” McDermott Will & Emery
 

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