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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Apr
1
2017
Dutch Court Rules in Standard Essential Patent Abuse of Dominance Claim McDermott Will & Emery
Oct
30
2014
The Federal Circuit Denies Interlocutory Appeal in Licensing Dispute McDermott Will & Emery
Mar
24
2021
Freeze Frame: EU Copyright Holders Entitled to Restrict Framing McDermott Will & Emery
May
30
2017
TC Heartland v. Kraft Foods: Venue in Patent Cases Limited by § 1400(b) McDermott Will & Emery
Nov
26
2014
Ineligible Subject Matter in One Court Is Still Ineligible in Another McDermott Will & Emery
Jun
1
2017
Facebook, et al. v. Skky: Patent Holders Can Evade Covered Business Methods Review by Disclaiming CBM Claims McDermott Will & Emery
Nov
28
2014
Play Nice in the Deposition Sandbox McDermott Will & Emery
Dec
1
2014
Failure to Address All Graham Factors Dooms CBM Petition McDermott Will & Emery
Apr
29
2021
School’s Out: Trademark Settlement Agreement Enforceable McDermott Will & Emery
May
20
2021
Targeted Advertising Still Patent Ineligible Subject Matter McDermott Will & Emery
Dec
30
2014
Reissue Patents Must Be Drawn to the Same Invention as the Original Patent McDermott Will & Emery
Jun
10
2021
What You Say Can and Will be Used Against You – Prosecution History and Prior Infringement Arguments McDermott Will & Emery
Jul
27
2017
Patent Owner Must Receive Notice of References Against Each Challenged Claim McDermott Will & Emery
Jan
3
2015
Prior Art Reference Does Not “Teach Away” if It Fails to Criticize, Disclaim or Discourage the Claimed Technique McDermott Will & Emery
Jun
24
2021
Supreme Court Assigns PTO Director a New Gig: Reviewing the PTAB’s Inter Partes Decisions McDermott Will & Emery
Jan
30
2015
Fleming v. Escort, Inc: Even Geniuses Commit Error—Sufficient to Support Reissue McDermott Will & Emery
Feb
2
2015
CBM Review Based on New Combinations of Prior Art: eBay Inc., v. Moneycat LTD. McDermott Will & Emery
Aug
12
2021
Employee Agreement of What “Shall Be” is Future Promise, Not Present Assignment McDermott Will & Emery
Aug
19
2021
Patents and Trade Secrets Aren’t Mutually Exclusive: The Nuanced Nature of Trade Secret Protection McDermott Will & Emery
Sep
2
2021
Footnote Doesn’t Preserve Claim Construction Argument, but Patent Owner Must Observe “nose of Wax” Principle McDermott Will & Emery
Feb
26
2015
Waste Management of Washington, Inc. v. Kattler et al: Contempt Charge Vacated Based On Valid Assertion of Attorney Client Privilege McDermott Will & Emery
Sep
30
2021
A Tale of Two Authors: Determining Ownership Rights of Novels Adapted for Theatre McDermott Will & Emery
Mar
10
2015
Good Corporate Governance in China Is About More Than Preventing Bribery McDermott Will & Emery
Oct
14
2021
Party May Not Veil EU Individual’s Information under GDPR at the TTAB McDermott Will & Emery
Nov
11
2021
What a Deal! Car Dealers Retain Control over Their Own Data McDermott Will & Emery
Mar
27
2015
Dilution Claim Dismissed Based on Unreasonably Delay: Ava Ruha Corp. v. Mother’s Nutritional Center, Inc. McDermott Will & Emery
Mar
29
2015
Creative Interpretation of Abandonment Cannot Save Patent: Hyundai Motor Co. v. American Vehicular Sciences LLC McDermott Will & Emery
Dec
2
2021
PTO Publishes Regulations to Implement Trademark Modernization Act McDermott Will & Emery
 

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