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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Mar
30
2015
Use Belt and Suspenders; Backup Anticipation with Obviousness: Dell Inc. v. Elecs. & Telecomms. Research Inst. McDermott Will & Emery
Mar
30
2015
AOL Inc. and Cloudera, Inc. v. Coho Licensing LLC: Denying Petitioner’s Request for Expanded Panel IPR2014-00771 Faegre Drinker
Mar
30
2015
Patent Board Willing to Admit Questionable Evidence in Close Cases: Fujian Newland v. Hand Held Products McDermott Will & Emery
Mar
30
2015
Real Parties in Interest Really Matter: GEA Process Engineering v. Steuben Foods McDermott Will & Emery
Mar
30
2015
Dismissal of a Related Suit with Prejudice Can Negate Petitioner’s Grounds for Standing McDermott Will & Emery
Mar
29
2015
Creative Interpretation of Abandonment Cannot Save Patent: Hyundai Motor Co. v. American Vehicular Sciences LLC McDermott Will & Emery
Mar
29
2015
Third Party Subpoena Permitted in IPR: Marvell Semiconductor v. Intellectual Ventures McDermott Will & Emery
Mar
28
2015
Threshold Issues: IPR Not Derailed by Unidentified D/B/A Name or Prior ANDA Certification McDermott Will & Emery
Mar
28
2015
PhRMA's Objections to HSR Rule on Exclusive Licenses Face Skeptical Appellate Judges ArentFox Schiff LLP
Mar
27
2015
What Factors Bear Upon Enforceability of Noncompete Agreements? P.2 McBrayer, McGinnis, Leslie and Kirkland, PLLC
Mar
27
2015
Supreme Court: TTAB Decisions May Have Preclusive Effect On Infringement Claims ArentFox Schiff LLP
Mar
27
2015
Delay in Filing IDS Reduces Patent Term Adjustment McDermott Will & Emery
Mar
27
2015
Strike Two – FDA Rejects Amgen’s Certification Petition for Biosimilar Applicants Sterne, Kessler, Goldstein & Fox P.L.L.C.
Mar
27
2015
Ambiguity in Court’s Construction Creates Objective Reasonableness of Infringement and Negates Exceptional Case Determination McDermott Will & Emery
Mar
27
2015
No Collateral Estoppel in Subsequent Case Where Decision in Earlier Case Subject to Multiple Possible Theories McDermott Will & Emery
Mar
27
2015
B&B Hardware, Inc. v. Hargis Industries, Inc.: Trademark Litigation Might Get Simpler Vedder Price
Mar
27
2015
Federal Circuit Narrows Patent Exhaustion Doctrine McDermott Will & Emery
Mar
27
2015
Once Invalid, Always Invalid: The Federal Circuit Clarifies Application of Issue Preclusion McDermott Will & Emery
Mar
27
2015
PTO Litigation Center Report – March 27, 2015 Sterne, Kessler, Goldstein & Fox P.L.L.C.
Mar
27
2015
Appellate Review of Claim Construction Still De Novo if Based Solely on Intrinsic Evidence McDermott Will & Emery
Mar
27
2015
Federal Circuit Confines De Novo Claim Construction Review by Limiting Consideration to Intrinsic Evidence McDermott Will & Emery
Mar
27
2015
Dilution Claim Dismissed Based on Unreasonably Delay: Ava Ruha Corp. v. Mother’s Nutritional Center, Inc. McDermott Will & Emery
Mar
27
2015
Luck Runs Out for Lucky Brand: Marcel Fashions Group, Inc. v. Lucky Brand Dungarees, Inc. McDermott Will & Emery
Mar
27
2015
No Lanham Act Standing Without U.S. Trademark Use or Registration: Belmora LLC v. Bayer Consumer Care AG McDermott Will & Emery
Mar
27
2015
Bob Marley’s Heirs Lanham Act Win Upheld McDermott Will & Emery
Mar
26
2015
Copyright Co-Owner’s Ability to Grant an Exclusive Right to a Third Party: Corbello v. DeVito McDermott Will & Emery
Mar
26
2015
No Acquiescence Defense in Fifth Circuit Without Significant Investment in Reliance: Pennzoil-Quaker State Co. v. Miller Oil & Gas Operations McDermott Will & Emery
Mar
26
2015
Reasonable Royalty Damages in Copyright: Gaylord v. United States McDermott Will & Emery
 

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