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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Jan
3
2015
Stays of Litigation Warranted Even When the CBM Review Does Not Address All Asserted Claims or All Invalidity Defenses McDermott Will & Emery
Jan
3
2015
BioDelivery Sciences International, Inc. v. RB Pharmaceuticals Limited: IPR2014-00998 Denying Institution and Dismissing Motion for Joinder IPR2014-00998 Faegre Drinker
Jan
3
2015
A First Look at New York City’s Next Generation of Entrepreneurs Greenberg Traurig, LLP
Jan
3
2015
Patent Owner Must Distinguish Universe of All Known Prior Art to Substitute a New Claim McDermott Will & Emery
Jan
2
2015
Deposition of Declarants Is Limited after Routine Discovery McDermott Will & Emery
Jan
2
2015
Navigating Degrees of Separation: Impermissible Incorporation by Reference McDermott Will & Emery
Jan
2
2015
Serial Objections to Evidence Are Not Required if Supplemental Evidence Is Filed and Served McDermott Will & Emery
Jan
2
2015
CDCA Court Swims Against the Tide of Software Patent Ineligibility in Caltech v Hughes Mintz
Jan
2
2015
Nothin’ from Nothin’ Leaves Nothin’: Axiom Worldwide Inc. v. Excite Medical Corp. et al. McDermott Will & Emery
Jan
2
2015
Book Review: Post-Grant Proceedings Before the Patent Trial and Appeal Board Schwegman, Lundberg & Woessner, P.A.
Jan
2
2015
Highlights of the USPTO Patent Public Advisory Committee 2014 Annual Report Mintz
Jan
2
2015
First Amendment Protects Use of Third-Party’s Trademark in Video Game McDermott Will & Emery
Jan
1
2015
FLIR Systems, Inc. v. Leak Surveys, Inc.: Order Regarding Institution of Inter Partes Review IPR2015-00065 Faegre Drinker
Jan
1
2015
Standing Requires Articulation of Jurisdictional Facts McDermott Will & Emery
Dec
31
2014
Same Prior Art May Be Considered Differently in Connection with Different Petitions McDermott Will & Emery
Dec
31
2014
Chicago Mercantile Exchange, Inc. v. 5th Market, Inc.: Final Written Decision CBM2013-00027 Faegre Drinker
Dec
31
2014
Cost of Combination Doesn’t Obviate Obviousness in Intellectual Property McDermott Will & Emery
Dec
31
2014
Cisco Systems, Inc. v. Constellation Technologies L.L.C.: Denying Institution of Inter Partes Review IPR2014-00871 Faegre Drinker
Dec
31
2014
Get Your Prior Art Ducks in a Row Before Filing Your Inter Partes Review Petition McDermott Will & Emery
Dec
31
2014
Supreme Court to Consider Scope of “Good Faith” Belief and the Intent Requirement of § 271(b) McDermott Will & Emery
Dec
31
2014
Supreme Court of Arizona Weighs in on the Preemption Provision of the State’s Trade Secrets Act McDermott Will & Emery
Dec
30
2014
Billy Goat Industries, Inc. v. Schiller Grounds Care, Inc.: Denying Request for Rehearing IPR2014-00742 Faegre Drinker
Dec
30
2014
Back to the Future—Supreme Court to Review Rule On Post-Expiration Patent Royalties McDermott Will & Emery
Dec
30
2014
Carl Zeiss SMT GmbH v. Nikon Corp.: Person of Skill in Art Depends on Claim Scope McDermott Will & Emery
Dec
30
2014
Requests for Additional Discovery Governed by Garmin Factors re: Patent Litigation McDermott Will & Emery
Dec
30
2014
USPTO Releases Interim Examination Guidelines for Determining Patent Eligibility Under 35 U.S.C. § 101 McDermott Will & Emery
Dec
30
2014
Reissue Patents Must Be Drawn to the Same Invention as the Original Patent McDermott Will & Emery
Dec
30
2014
Collateral Estoppel in Claim Construction McDermott Will & Emery
 

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