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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Oct
30
2017
Gold Standard Instruments v. US Endodontics: Insufficient Teaching Away Throws Cold Water on Heat-Treating Patent McDermott Will & Emery
Oct
30
2017
Intellectual Ventures LLC v. Motorola Mobility LLC: Message Received: Direct Infringement of System Claim Requires Evidence of Use McDermott Will & Emery
Oct
30
2017
Failure to Propose Proper Hypothetical Claim Dooms Doctrine of Equivalents: Jang v. Boston Scientific Corp. McDermott Will & Emery
Oct
30
2017
Anticipated Acts of Infringement May Establish Venue for Hatch-Waxman McDermott Will & Emery
Oct
30
2017
Challenged Claims are Obvious Based on Patent Owners’ Prior Art: Idemitsu Kosan Co., Ltd. v. SFC Co. Ltd. McDermott Will & Emery
Oct
30
2017
Court Extinguishes Parties’ Motions to Strike in LED Patent Dispute Proskauer Rose LLP
Oct
30
2017
Airtight Victory for RV Seal Supplier in Appeal to Overturn Dismissal: Lifetime Indus., Inc. v. Trim-Lok, Inc. McDermott Will & Emery
Oct
30
2017
PTAB Should Have Given Credit to Inventor Corroborating Evidence:  NFC Tech., LLC v. Joseph Matal, McDermott Will & Emery
Oct
30
2017
PTO Litigation Report – October 30, 2017 Sterne, Kessler, Goldstein & Fox P.L.L.C.
Oct
30
2017
Broadest Reasonable Interpretation Is Not Broadest Possible Interpretation:  In re Smith Int’l, Inc. McDermott Will & Emery
Oct
30
2017
Down to the Wire: Patentee Must Rebut Inherent Functionality of Prior Art McDermott Will & Emery
Oct
30
2017
That’s How the Prima Facie Obviousness Cookie Crumbles McDermott Will & Emery
Oct
28
2017
Florida Now Follows New York to Find No Common Law Public Performance Right For Pre-1972 Sound Recordings Sheppard, Mullin, Richter & Hampton LLP
Oct
27
2017
PTO Litigation Report – October 27, 2017 Sterne, Kessler, Goldstein & Fox P.L.L.C.
Oct
26
2017
PTAB Grants Rare Request for Additional Discovery In IPR Foley & Lardner LLP
Oct
26
2017
Lawsuits Filed on the Same Day Regarding Amgen’s Avastin® Biosimilar Morgan, Lewis & Bockius LLP
Oct
26
2017
Residuals Clauses in IP Agreements and NDAs Morgan, Lewis & Bockius LLP
Oct
26
2017
PTO Litigation Report – October 26, 2017 Sterne, Kessler, Goldstein & Fox P.L.L.C.
Oct
26
2017
To CDO Or Not To CDO: Commissioners At ITC Are Split McKool Smith
Oct
26
2017
R&H’s Processes for Preparing Emulsion Polymers with Improved Opacity Not Invalid over the Prior Art that Does Not Include a “Swelling Agent” Narrowly Construed by the PTAB Hunton Andrews Kurth
Oct
26
2017
International Protection fo Trademarks in Connection with Brand Expansion K&L Gates
Oct
26
2017
The Seventh Amendment Right to a Jury Trial Does Not Apply to Requests for Attorney’s Fees Under § 285 of the Patent Act Hunton Andrews Kurth
Oct
25
2017
Deadline Approaching: Action Required by December 31 To Avoid Losing DMCA Safe Harbor Protection Sheppard, Mullin, Richter & Hampton LLP
Oct
25
2017
CAFC Upheld TTAB’s Decision to Deny Registration of a Mark Merely Descriptive of a Feature of Goods and Services Hunton Andrews Kurth
Oct
25
2017
Apple and Samsung Are Headed Back to the Court Room Mintz
Oct
25
2017
PTAB’s Adoption of Petitioner’s Arguments Regarding Modification of a Prior Art Reference Held Minimally Sufficient to Support its Obviousness Determination Hunton Andrews Kurth
Oct
25
2017
Decision on Attorney’s Fees Vacated and Remanded Because the District Court Used an Incorrect Standard and Made Multiple Errors Hunton Andrews Kurth
Oct
25
2017
Non-Profit Organization Appellee Described as Representing the Public Interest Not Excluded from Appearing in Court to Defend a PTAB Decision Hunton Andrews Kurth
 

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