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
Aug
11
2022
Rage against the Machine: Inventors Must Be Human McDermott Will & Emery
Oct
2
2017
Reliance on Inherency in Obviousness Analysis: Not Cool McDermott Will & Emery
Jul
11
2023
Rules on Suspension of CNIPA Trademark Proceedings K&L Gates
Mar
11
2016
Runway Safe LLC v. Engineered Arresting Systems: Denying Institution Where Obviousness Rationale Was Already Addressed in Prior Art IPR2015-01921 Faegre Drinker
Jun
22
2020
Second Circuit Declines to Decide if Human Skin Can Be a Tangible Medium of Expression under Copyright Law and Affirms Dismissal of Makeup Artist’s Lawsuit Mintz
Mar
22
2017
Sections 101 and 112: Eligibility, Patentability, or Somewhere in Between? Womble Bond Dickinson (US) LLP
Jan
13
2012
Securing Ownership of Your Company’s Digital Property Barnes & Thornburg LLP
Mar
2
2022
SEP's and FRAND Laws Take Unexpected Turns Throughout Germany, Europe McDermott Will & Emery
Apr
28
2017
Settlement Agreement May Be Used as Evidence of Damages: Prism Techs. LLC v. Sprint Spectrum L.P McDermott Will & Emery
Nov
2
2021
Should Copyright Exceptions Apply to AI Mined Data? And Other Questions Raised Under the UKIPO Consultation on Artificial Intelligence and Copyright and Patents K&L Gates
May
31
2017
Sometimes It’s Better to Forgo Appeal: Wasica Finance GmbH v. Continental Automotive Systems Inc., et al. McDermott Will & Emery
Jul
29
2019
Specific Factual Allegations of Inventive Concept Defeat Motion to Dismiss McDermott Will & Emery
Jan
22
2015
Supreme Court Alters Appellate Standard of Review for Claim Construction in Patent Cases Hunton Andrews Kurth
Jun
3
2014
Supreme Court Issues Landmark Rulings in Two Patent Cases, Further Admonishes Federal Circuit and Lowers the Bar for Patent Challenges Womble Bond Dickinson (US) LLP
Aug
12
2013
Supreme Court Rules That Reverse-Payment Patent Litigation Settlements are Subject to Judicial Review Under the Antitrust Rule of Reason Greenberg Traurig, LLP
Mar
21
2013
The Copyright Act’s “First Sale” Doctrine Applies to Works Lawfully Made Abroad and Imported to the United States McDermott Will & Emery
Mar
3
2019
The EU’s New Copyright Directive – an update Squire Patton Boggs (US) LLP
Apr
17
2011
The Federal Circuit Rejects the 25 Percent Rule as Fundamentally Flawed and Reviews the Entire Market Value Rule for Calculation of Patent Infringement Damage Morgan, Lewis & Bockius LLP
Jun
3
2019
The International Trade Commission Has Broad Jurisdictional Authority, Including Indirect Sellers Mintz
Jul
6
2023
The National AI Commission Act — AI: The Washington Report Mintz
Feb
26
2010
The Southern District Of New York Sends A Clear Message To Retailers Selling Counterfeits That Failing To Exercise Due Diligence In Purchasing Products After An Injunction May Result In Trebled Damages Of Millions Of Dollars Sheppard, Mullin, Richter & Hampton LLP
Oct
31
2016
The WIPO And Fighting Global Design Knock-offs Womble Bond Dickinson (US) LLP
Jun
20
2014
Through the Rabbit-Hole: Alice Corporation Pty. Ltd. v. CLS Bank International: Supreme Court Holds “Merely Requiring Generic Computer Implementation” Cannot Transform an “Abstract Idea into a Patent-Eligible Invention” Hunton Andrews Kurth
Feb
12
2019
Time-Barred IPR Petitioners Have Separate Standing to Appeal PTAB Decisions Mintz
Mar
26
2016
TTAB Relents: Board Agrees to Vacate Likelihood of Confusion Finding at District Court’s Direction Proskauer Rose LLP
Jan
29
2013
Vedder Price Helps Clarify the Rules on Induced Infringement Vedder Price
Jan
3
2015
Winning The Battle But Losing The War? - New Considerations For File Wrapper Estoppel Hunton Andrews Kurth
Nov
5
2018
§102(b) Printed Publication: Unrestricted Distribution at a Trade Show Mintz
 

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