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

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Dec
8
2022
Words Matter: Court Sides with Translation Company in Insurance Coverage Dispute McDermott Will & Emery
Dec
15
2022
Applying Collateral Estoppel in IPRs McDermott Will & Emery
Jan
29
2015
Federal Circuit to Myriad: Neither DNA Primers nor Comparing Gene Sequences Are Patent-Eligible Subject Matter McDermott Will & Emery
Apr
25
2018
PTAB May Disregard New Evidence Presented at Oral Argument McDermott Will & Emery
Jan
5
2023
Burdens Can’t Be Avoided No Matter How They’re Dressed Up McDermott Will & Emery
Apr
27
2018
Pornography Dispute Sheds Light on DMCA Safe Harbor Defense: Ventura Content v. Motherless, Inc. and Joshua Lang McDermott Will & Emery
Feb
1
2015
Fidelity National v. CheckFree: Limitations Drawn from Specification Not Enough to Overcome McDermott Will & Emery
Feb
9
2023
It’s PRUdent to Refrain from Cybersquatting: ACPA Applies to Domain Name Re-Registration McDermott Will & Emery
Feb
16
2023
Took a DNA Test, Turns Out “100% THAT BITCH” Is 100% Registrable McDermott Will & Emery
Mar
2
2023
PTO to Begin Issuing Electronic Patent Grants McDermott Will & Emery
Mar
9
2023
Claim Duality: Multiple Dependent Claims Can Be Both Patentable and Unpatentable McDermott Will & Emery
Feb
25
2015
Federal Circuit Affirms PTAB’s Lack of Patentability Ruling in First-Ever AIA Review: In re Cuozzo Speed Techs., LLC McDermott Will & Emery
Feb
27
2015
Valeo North America, Inc. v. Magna Electronics Inc.:Untimely Presentation of Updated Mandatory Notice Is Not a Cause for Termination McDermott Will & Emery
Mar
1
2015
Claims Can Be Amended in IPR – Really! Riverbed Technology, Inc. v. Silver Peak Systems, Inc. McDermott Will & Emery
Jul
27
2018
Innocent Until Proven Knowledgeable McDermott Will & Emery
Aug
28
2018
No Bright Line for Determining Real Parties in Interest McDermott Will & Emery
Aug
30
2018
Entire Market Value Rule: Patented Feature Must Be Sole Driver for Consumer Demand McDermott Will & Emery
Sep
27
2018
Dismissal “Without Prejudice” Does Not Nullify Service of Complaint McDermott Will & Emery
Oct
1
2018
ABS Entertainment, Inc. v. CBS Corporation: No New Copyright for Digital Remasters McDermott Will & Emery
Oct
25
2018
OSI Layers Take the Cake – Plain Language Outweighs Prosecution History Disavowal McDermott Will & Emery
Jun
5
2023
US Federal Agencies Commit to Regulatory Enforcement of AI Systems McDermott Will & Emery
Nov
29
2018
Failure to Comply with Local Rules Risks Entry of Default Judgment McDermott Will & Emery
Dec
19
2018
AAG Delrahim Withdraws Statement on Remedies for Standards-Essential Patents Subject to Voluntary FRAND Commitments, Elaborates Views on SSOs McDermott Will & Emery
Jun
18
2023
Quack, Waddle and Duck: Order That Grants Injunctive Relief Is an Injunction McDermott Will & Emery
Dec
21
2018
Surname or Suds? SCHLAFLY Mark Has Acquired Distinctiveness McDermott Will & Emery
Jun
1
2011
Expanded Protection Against Employee Computer Data Theft Under Computer Fraud and Abuse Act McDermott Will & Emery
May
1
2015
Federal Circuit Acknowledges § 284 Review Issue May Be Raised by Octane/Highmark Cases McDermott Will & Emery
Jan
30
2019
Artists Denied Royalties Under CRRA Because Of Federal Pre-Emption McDermott Will & Emery
 

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