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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Jul
26
2012
Challenging Competitors’ Patents Before They Issue: New Rule Outlines How to Submit Evidence Against Pending Patent Applications Neal, Gerber & Eisenberg LLP
Jul
14
2016
Federal Trade Commission Continues to Scrutinize Social Media Influencer Programs Neal, Gerber & Eisenberg LLP
Jun
26
2013
U.S. Supreme Court Holds Genes Cannot Be Patented but Other Patent Strategies Can Be Pursued Neal, Gerber & Eisenberg LLP
May
16
2016
Software Patents Aren’t Inherently Abstract—Patent Appeals Court Clarifies and Enhances Software Patent Eligibility Neal, Gerber & Eisenberg LLP
Jun
12
2017
Reminder: Service Providers Must Comply with New Requirements for Copyright Safe Harbor by December 31, 2017 Neal, Gerber & Eisenberg LLP
Sep
6
2012
Federal Circuit Resurrects ‘Induced Infringement;’ Narrows ‘Joint Infringement Defense’ Neal, Gerber & Eisenberg LLP
Nov
22
2012
U.S. District Court Finds the USPTO is Improperly Calculating Patent Term Adjustment Neal, Gerber & Eisenberg LLP
Mar
22
2013
U.S. Supreme Court Makes Price Differentiation Between Markets More Difficult for Copyright Owners Neal, Gerber & Eisenberg LLP
Oct
28
2011
Long-Standing Software Patent Claim Format Under Attack Neal, Gerber & Eisenberg LLP
Oct
25
2012
Is Continued Employment Enough to Uphold Invention Assignment Agreements? Neal, Gerber & Eisenberg LLP
Mar
17
2016
IKEA Indonesia Case Highlights the Importance of Prudent Management of International Trademark Portfolios Neal, Gerber & Eisenberg LLP
May
11
2016
President Obama Signs the Federal Trade Secrets Act Into Law Neal, Gerber & Eisenberg LLP
May
23
2013
New Trademark Headaches, But Help is On the Way Re: Internet Corporation for Assigned Names and Numbers’ (ICANN) Expansion of Generic Top-Level Domains (gTLDs) Neal, Gerber & Eisenberg LLP
Aug
19
2013
Patent Court Further Muddies the Software Patent Waters Neal, Gerber & Eisenberg LLP
Sep
16
2013
Predictability Still Needed From Divided Federal Circuit on Software Patents Neal, Gerber & Eisenberg LLP
Jun
14
2016
Supreme Court Lowers the Standard for Obtaining Enhanced Damages for Patent Infringement Neal, Gerber & Eisenberg LLP
May
8
2014
The FTC Has Authority to Regulate Privacy and Data Security - Federal Trade Commission Neal, Gerber & Eisenberg LLP
Jun
4
2014
U.S. Supreme Court Makes It Easier To Avoid Method Patents Requiring Multiple Actors Neal, Gerber & Eisenberg LLP
Oct
5
2012
IP Law: The who, what, and how of indemnification provisions Neal, Gerber & Eisenberg LLP
Jul
3
2014
American Broadcasting Companies v. Aereo, Inc.: Supreme Court Departs from Volitional Act Test for Copyright Infringement Neal, Gerber & Eisenberg LLP
May
14
2015
Federal Circuit Upholds Joint Infringement Defense in On-Going Akamai Litigation Neal, Gerber & Eisenberg LLP
Oct
31
2011
Big Changes Coming to the Internet’s Domain Name System Neal, Gerber & Eisenberg LLP
Apr
27
2012
Fourth Circuit Gives Rosetta Stone Another Chance to Prove its AdWords Case Neal, Gerber & Eisenberg LLP
Oct
5
2012
IP: Phase 2 implementation of the America Invents Act provides new “patent attack” tools Neal, Gerber & Eisenberg LLP
Oct
27
2013
Protecting Your Brand in the New .XXX Top-Level Domain Neal, Gerber & Eisenberg LLP
Jul
18
2016
Sweeping Changes in EU Trademark Law and the Brexit Unknown Neal, Gerber & Eisenberg LLP
May
16
2013
Federal Circuit Fails to Clarify Software Patent Eligibility Neal, Gerber & Eisenberg LLP
Feb
16
2016
Federal Circuit Affirms Pro-Patent Owner Limits on Patent Exhaustion Neal, Gerber & Eisenberg LLP
 

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