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
31
2019
Collaterally Estopped, Do Not Pass Go McDermott Will & Emery
Jun
15
2013
Supreme Court to Myriad: Isolated DNA Sequences Are Not Patent-Eligible Subject Matter McDermott Will & Emery
Jul
27
2023
Serving a Perfect 10: No Protection for Embedding McDermott Will & Emery
Feb
28
2019
Trademark Owner's Fate Sealed Tight After Finding of Fraud on PTO McDermott Will & Emery
Jan
28
2016
Lowering the Bar tor Irreparable Harm: Infringing Feature Need Not Be the Exclusive Driver of Consumer Demand McDermott Will & Emery
Aug
17
2023
Noncompulsory Counterclaims Don’t Confer Appellate Jurisdiction McDermott Will & Emery
Aug
24
2023
Petitioner Reply May Include New Evidence if Responsive to Patent Owner and Based on Original Legal Contentions McDermott Will & Emery
Aug
31
2023
Cover-Up Isn’t Covered Under VARA McDermott Will & Emery
Aug
1
2013
Obvious to Try and the Prima Facie Obviousness Patent Infringement Case Novo Nordisk A/S v. Caraco Pharmaceutical Labs. Ltd. McDermott Will & Emery
Mar
29
2019
Mootness on Appeal from PTAB McDermott Will & Emery
Sep
7
2023
The End Is Not So Near: Patent Term Adjustments Count in Obviousness-Type Double Patenting Determinations McDermott Will & Emery
Aug
7
2013
Federal Trade Commission (FTC) Testifies Before Congress on Impact of Patent Hold-up on Competition and Standard-Essential Patents McDermott Will & Emery
Apr
25
2019
Is Invention “Directed To” An Abstract Idea? Look To The Specification McDermott Will & Emery
Sep
29
2023
The UPC Means Business: Latest Patentee Wins Preliminary Injunction McDermott Will & Emery
Aug
31
2013
Detailed Explanation Not the Same as a New Ground for Rejection Re: Patent and Trademark Office (PTO) Case McDermott Will & Emery
Feb
25
2016
Multiplying Claim Requirements After Trial Makes Things Impermissibly Complex McDermott Will & Emery
Feb
25
2016
You Can’t Spell “Pressurized Collection Vessel” Without “Collection”: Akzo Nobel Coatings, Inc. v. Dow Chem. Co. McDermott Will & Emery
Sep
30
2013
Preliminary Injunction Ordered Based on Appellate Claim Construction McDermott Will & Emery
Oct
5
2013
Order in the Court—and in Copyright Registrations for Unpublished Collections McDermott Will & Emery
Nov
16
2023
Resorting to Extrinsic Evidence Is Necessary When Intrinsic Evidence Is Muddied McDermott Will & Emery
Nov
1
2013
No Case or Controversy in Declaratory Judgment Against Patentee Who Sued Manufacturer’s Customers McDermott Will & Emery
Jun
27
2019
SCOTUS Strikes Down Ban On The Registration Of Offensive Trademarks McDermott Will & Emery
Jun
28
2019
“Exceptional Case” Determinations May Rest On Alleged But Non-Litigated Issues McDermott Will & Emery
Nov
26
2013
Perils of Flirting with Means-Plus-Function Limitation McDermott Will & Emery
Mar
29
2016
Timing Is Everything – Meeting the One-Year Filing Deadline for IPR McDermott Will & Emery
Mar
30
2016
Inconsistent and Confusing Specification Language Does Not Support Broad Claim Construction McDermott Will & Emery
Jul
26
2019
No Motivation To Combine Where There is no Reasonable Expectation of Success McDermott Will & Emery
Jan
4
2024
Same Applicant, Similar Claims Support Obviousness-Type Double Patenting Rejection McDermott Will & Emery
 

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