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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Sep
16
2020
Logic to Modify: Even Deceptive Intent Does Not Bar Inventorship Correction McDermott Will & Emery
Jul
30
2014
The Federal Circuit Reverse a Finding of Anticipation of the PTAB in Inter Partes Review McDermott Will & Emery
Nov
29
2016
Not All Repeat Infringer Policies Are Sufficient for Safe Harbor Protection McDermott Will & Emery
Aug
1
2014
Identifying Class of Algorithms Insufficient To Satisfy Means-Plus-Function Structure Requirement: Triton Tech of Texas, LLC v. Nintendo of America, Inc. McDermott Will & Emery
Aug
3
2014
Cert Alert: Is the Trademark Trial and Appeal Bound (TTAB) Decision on Likelihood of Confusion Preclusive? McDermott Will & Emery
Nov
11
2020
Venue in Hatch-Waxman Cases Limited to District Where ANDA Is Submitted McDermott Will & Emery
Aug
5
2014
The Aereo Crashed: Cheap Internet TV Thwarted: American Broadcasting Cos., Inc. v. Aereo, Inc. McDermott Will & Emery
Dec
29
2016
REG Synthetic Fuels, LLC v. Neste Oil OYJ: Conception and Reduction to Practice, and the Limits of the Hearsay Doctrine McDermott Will & Emery
Dec
10
2020
Two Turntables, No Microphone: Using Technical Diagram Is Not Copyright Infringement McDermott Will & Emery
Dec
17
2020
US Courts Can Compel Parties to Transfer Ownership of Foreign Patents McDermott Will & Emery
Jan
17
2017
Finally Implemented! The Italian Council of Ministers Approves a Legislative Decree Implementing the EU Antitrust Damages Directive McDermott Will & Emery
Aug
28
2014
Federal Circuit Rejects Writ of Mandamus Concerning Waiver of Argument McDermott Will & Emery
Aug
30
2014
Opinion Underlying Judgment as a Matter of Law (JMOL) May Still Provide Basis for a New Trial, Even if JMOL Is Defective McDermott Will & Emery
Jan
14
2021
Revenge of the Grammar Nerds: Grammatical Canons Overturn $8.6 Million Jury Infringement Verdict McDermott Will & Emery
Sep
2
2014
Two-Party Market: Presumption of Confusion and Injury McDermott Will & Emery
Jan
31
2017
Trademarks: No Family!Family! of Marks for Little Caesars McDermott Will & Emery
Jan
21
2021
2020 IP Law Year in Review: Trademarks McDermott Will & Emery
Feb
1
2017
PTAB Sanctions Successful IPR Petitioner, Awards Fees to Patent Owner McDermott Will & Emery
Feb
18
2021
Old Dawg, New Tricks: Bankruptcy Successor Is Also Inter Partes Re-Exam Successor McDermott Will & Emery
Mar
1
2017
Remand to District Court to Attempt to Identify “Article of Manufacture” for Design Patent Damages McDermott Will & Emery
Oct
1
2014
The Squeaky Wheel Gets the Grease--You Won’t Get Fees if You Don’t Complain: Early Stragent, LLC v. Intel Corp. McDermott Will & Emery
Mar
11
2021
The Steep Price of Not Being Exceptional McDermott Will & Emery
Mar
31
2017
University Trademark Licensing Denial Goes up in Smoke McDermott Will & Emery
Oct
29
2014
Doctrine of Equivalents Requires Full Analysis re: Patent Infringement McDermott Will & Emery
Apr
28
2017
No Equitable Defense of Laches in Patent Law McDermott Will & Emery
Nov
2
2014
A Hypothetical-License Damages Theory Must Be Rooted in Non-Hypothetical Evidence McDermott Will & Emery
May
1
2017
Beware of Relying on “Plain and Ordinary” Meaning McDermott Will & Emery
Nov
26
2014
Federal Circuit: District Courts Should Not Nit-PIC (Patents) McDermott Will & Emery
 

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