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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Oct
3
2012
What Doesn’t Kill Me, Makes Me Stronger—Surviving Allegations of Copyright Infringement McDermott Will & Emery
Nov
10
2022
Family Matters, but Only Sometimes if Claim Construction Is Involved McDermott Will & Emery
Oct
9
2012
Trademark Protects “Color of Passion” Used on Soles of Women’s High-Fashion Designer Footwear, Except if Shoe Itself Is Red McDermott Will & Emery
Oct
16
2012
Concentration Range Claims Cannot Be Narrowly Construed to Preserve Validity McDermott Will & Emery
Nov
29
2022
Construing the Construction: Federal Circuit Chips Away at IPR Win McDermott Will & Emery
Mar
28
2018
A Picture Is Worth a Thousand Words, but Owning a Piece of the Bundle Is Priceless. McDermott Will & Emery
Dec
8
2022
No Mulligans Here: PTO Rewinds Reexamination Based on Estoppel McDermott Will & Emery
Nov
12
2012
The Eleventh Circuit Finds No Fraud on the PTO Where Declarant Had No Personal Knowledge of Use of Similar Marks McDermott Will & Emery
Dec
15
2022
PTO Announces Cancer Moonshot Expedited Examination Pilot Program McDermott Will & Emery
Nov
21
2012
Proposed Remedies in the Midst of the Patent Wars: EU and US Antitrust Watchdogs Push to Strengthen FRAND in Standard Setting McDermott Will & Emery
Nov
25
2012
Obviousness-Type Double Patenting Requires a Reason to Modify with a Reasonable Expectation of Success McDermott Will & Emery
Sep
30
2015
Claims Obvious Despite Contrary Jury Verdict McDermott Will & Emery
Apr
25
2018
Claim Term Cannot Be Uncoupled from Specification and Claim Language McDermott Will & Emery
Jan
5
2023
Litigation Funding Probe Continues to Make Waves McDermott Will & Emery
Dec
3
2012
What Did You Say? $31 Million Awarded for Infringement of Hearing Aid Patent McDermott Will & Emery
Oct
1
2015
Ray Charles Foundation Can Challenge Heirs’ Attempt to Reclaim Copyrights McDermott Will & Emery
Dec
30
2012
Preliminary Testing of Medical Devices in Animals Enables Their Use in Humans - Patent Law Issues McDermott Will & Emery
Feb
9
2023
KSR Does Not Extend to Design Patents (Yet) McDermott Will & Emery
Feb
16
2023
Ninth Circuit Extends § 230 Immunity to Domain Name Registrars McDermott Will & Emery
Feb
24
2023
Patenting a Nice Cool Glass of Nicotinamide Riboside? Claims Covering Milk Invalid under § 101 McDermott Will & Emery
Mar
2
2023
PTO Seeks Comments on Role of Artificial Intelligence in Inventorship McDermott Will & Emery
Mar
9
2023
Patent Law Principles Apply to Claim Scope: Orange Book Delisting and Listing and Regulations McDermott Will & Emery
Oct
30
2015
Standing for CBM Proceeding Only Necessary at Time of the Petition McDermott Will & Emery
Nov
2
2015
Wrong Defendant, Wrong Court: Plaintiff Wrongly Targets Government Contractors Instead of U.S. Government McDermott Will & Emery
Jul
27
2018
Federal Circuit Zeros in on Genericness and Acquired Distinctiveness McDermott Will & Emery
Nov
2
2015
If Considered Material, False Statements Made to Federal Regulatory Bodies Create Exposure to Criminal Liability McDermott Will & Emery
Mar
10
2013
Use of Candid Photo in Poster Not Copyright Infringement McDermott Will & Emery
Apr
20
2023
Overlapping Ranges in Prior Art Put Burden on Patentee to Show Criticality McDermott Will & Emery
 

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