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
Feb
16
2020
A Practical Guide to the Trademark Modernization Act of 2020 Finnegan
Sep
3
2021
A Preamble Held Limiting Based on the Patentee’s Arguments in a Prior Appeal and File History Finnegan
May
4
2014
A Primer On Claim Amendments in Post-Grant Review McDermott Will & Emery
Sep
30
2015
A Primer on Patent Damages: Carnegie Mellon University v. Marvell Technology Group, Ltd., et al. McDermott Will & Emery
Apr
12
2013
A Primer on Policing Your Trademark Mintz
Jun
30
2022
A Primer on Practice at the Trademark Trial & Appeal Board McDermott Will & Emery
Mar
15
2017
A Prior Art Reference that Merely Suggests the Claimed Subject Matter Does Not Anticipate the Claims Hunton Andrews Kurth
Jan
28
2019
A Private Sale is Still a Sale – SCOTUS Affirms the Federal Circuit for a Change Squire Patton Boggs (US) LLP
Feb
6
2018
A Problem That Can’t Seem to Get Cracked Squire Patton Boggs (US) LLP
Dec
13
2023
A Proposed Likeness Law Paves the Way for a New Federal Right of Action Squire Patton Boggs (US) LLP
May
1
2014
A Prosecution History Without Express Disclaimers Still Informs Claim Construction re: Intellectual Property McDermott Will & Emery
Nov
2
2012
A Public Icon: Marilyn Monroe Estate Loses Appeal for Publicity Rights McDermott Will & Emery
Oct
10
2012
A Range of Possible Dates for Alleged Prior Art Does Not Satisfy Standard of Clear and Convincing Evidence for Proving Invalidity McDermott Will & Emery
Apr
7
2021
A Real Party-in-Interest Determination is Final and Non-Appealable, Including Denial of Related Motion to Dismiss and Discovery Finnegan
Nov
14
2012
A Recall Notice Directed to “6 Hour” Energy Shots Could Constitute False Advertising McDermott Will & Emery
Sep
17
2012
A Red-Leather Day: Giving Single Color Trademarks in the Fashion Industry a Little Sole Bracewell LLP
Apr
8
2020
A registered copyright is the only way to guard against infringement Raymond Law Group LLC
Nov
4
2021
A Reminder of Doctrine of Equivalents in Biotechnology: Jennewein Biotechnologie GmbH v. International Trade Commission Proskauer Rose LLP
Jul
29
2021
A Reminder to Patentees Suing for Infringement: Your Allegations Must be Sufficient to Show Plausibility that the Accused Product Infringes Squire Patton Boggs (US) LLP
Nov
20
2014
A Report from the “Biosimilars and Biotech: MENA Conference” in Istanbul, Turkey: Part 1 Michael Best & Friedrich LLP
Oct
14
2015
A Review of the Patent Related Provisions of the TPP – Patentable Subject Matter and Grace Periods Michael Best & Friedrich LLP
Oct
27
2014
A Review of the Status of Biosimilars in the U.S. Michael Best & Friedrich LLP
Sep
15
2020
A Right Royal Rejection: “Royal Butler” Trade Mark Application Denied in The UK K&L Gates
Jan
1
2014
A Road Test of the New PTAB (Patent Trial and Appeals Board) and a Road Map for Future IPR’s (Inter Partes Review) McDermott Will & Emery
Jan
4
2023
A Royal Pain: Contingent Royalties Held to be Dischargeable in Mallinckrodt Bracewell LLP
Aug
21
2015
A Royalty By Any Other Name: Post-Expiration Payments After Kimble v. Marvel Foley & Lardner LLP
May
18
2020
A Rubric for Design Patent Claim Construction to a “Tee” Foley & Lardner LLP
Aug
20
2018
A Sales Agent’s Home Office May Qualify as a Regular and Established Place of Business Mintz
 

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