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
28
2016
Case of First Impression: Federal Circuit Endorses Patent-Agent Privilege McDermott Will & Emery
Apr
29
2016
Paying Royalties for Technology that Competitors Can Use for Free – AG Wathelet’s Genentech Opinion McDermott Will & Emery
Nov
7
2019
Owners Of Enjoined Company Personally Liable For Monkeying Around With Injunction McDermott Will & Emery
Nov
27
2019
No Brainer: Summary Judgment Based On Non-asserted Grounds Procedurally Improper McDermott Will & Emery
Dec
23
2019
Supreme Court: PTO Not Entitled To Attorney’s Fees In District Court Appeals McDermott Will & Emery
May
27
2016
Financial Hook for CBM Review Can Be Shallow but Must Be Rooted in Claims McDermott Will & Emery
Jan
22
2020
IPR Institution Requires Reasonable Likelihood that Reference Is Printed Publication McDermott Will & Emery
Apr
2
2014
Non-Direct Competitors May Sue Under the Lanham Act, Doctrine of Prudential Standing Eliminated McDermott Will & Emery
Feb
13
2020
PTAB May Not Cancel Indefinite Claims in IPR, No Matter What McDermott Will & Emery
May
1
2014
Implied License Limited to Continuation Applications, Not to Provisionals Re: Licensed Pharmaceutical Patents McDermott Will & Emery
May
5
2014
Zero Damages Does Not Preclude Equitable Relief McDermott Will & Emery
Jul
1
2016
PTAB Still Divided Over What Patents Qualify for CBM Review McDermott Will & Emery
Apr
2
2020
No Disclaimer, No Problem – Terms Limited by Consistent Statements McDermott Will & Emery
May
29
2014
A Combination of References Need Only Provide a “Reasonable Expectation of Success” McDermott Will & Emery
Apr
9
2020
No Trade Dress Protection for Functional Shape and Color Scheme McDermott Will & Emery
Jul
27
2016
Technology License Agreements: Arm’s Length Royalty Rates Save Medtronic from $1.36 Billion IRS Tax Deficiency McDermott Will & Emery
Jun
1
2014
It Is “Quite Clear” that USPTO’s Decision Not To Institute an IPR Is “Final and Nonappealable” McDermott Will & Emery
Apr
27
2020
Supreme Court: Profit Disgorgement Available Remedy For Trademark Infringement, Willful Or Not McDermott Will & Emery
Aug
25
2016
Cybersecurity: Augmented Reality McDermott Will & Emery
Aug
29
2016
BASCOM Global Internet v. ATT Mobility: Specific, Discrete Implementation of Abstract Idea Is Patent Eligible McDermott Will & Emery
Apr
30
2020
Defendant Not “Prevailing Party” for Purposes of Attorneys’ Fees After Voluntary Dismissal Without Prejudice McDermott Will & Emery
Aug
30
2016
PTAB Grants Patent Owner Motion to Request Certificate of Correction McDermott Will & Emery
May
7
2020
PTAB Time Bar Application in Instituting IPR Proceedings Nonappealable McDermott Will & Emery
May
14
2020
“Non-Limiting” Prior Art Claims Support Obviousness After Standing Is Established McDermott Will & Emery
Sep
28
2016
Patent Infringement: Once Again, Written Description Does Not Limit Claim Scope McDermott Will & Emery
Jun
28
2014
Objective Baselessness and Subjective Bad Faith for Exceptional Case Determination Are Still Applicable Even After Octane Fitness Bianco v. Globus Medical, Inc. McDermott Will & Emery
Jul
8
2020
“Seams” Like Activity Giving Rise to Infringement Risk Supports Appellate Jurisdiction McDermott Will & Emery
Jul
15
2020
Patent Owners Beware: Serial Filings, Rent-Seeking May Be Grounds for Adverse Fee Award McDermott Will & Emery
 

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