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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Jun
11
2015
Infringement of "Slogan" Triggers the Duty to Defend Barnes & Thornburg LLP
May
29
2012
New "Stuxnet"- type Virus Discovered. What are the Security Implications for You? Barnes & Thornburg LLP
Mar
26
2018
Pre-Enactment Conduct Does Not Bar Relief Under Federal Defend Trade Secrets Act for Continuing Acts of Misappropriation Barnes & Thornburg LLP
Sep
28
2015
Enforcing The Phantom Noncompete: Michigan Court Allows Employer To Pursue Noncompete Claim In The Absence Of A Written Document Signed By Employee Barnes & Thornburg LLP
Mar
5
2014
Food & Drug Administration (FDA) Releases Draft Guidance on Distribution of Scientific and Medical Publications on Unapproved Uses Barnes & Thornburg LLP
May
11
2016
USPTO Updates Section 101 Guidance - Again Barnes & Thornburg LLP
Apr
4
2020
Obtaining Signatures On Patent And Trademark Documents, Inventor Assignments While Sheltering In Place Barnes & Thornburg LLP
Jun
1
2015
Unprecedented Move: Vox Populi Extends Sunrise Deadline for “.sucks” Domain Registration Barnes & Thornburg LLP
Jul
8
2022
New Power Five Conference Math: When 12 Means 10 And 10 Means 16 Barnes & Thornburg LLP
Mar
2
2023
PTAB: Vidal Refocuses Guidance On Fintiv Factors And Discretionary Denials Barnes & Thornburg LLP
Nov
19
2015
Pennsylvania Supreme Court “Considers” Noncompetes: Mere Continued Employment Not Enough Barnes & Thornburg LLP
Feb
24
2014
Federal Circuit Retains Non-Deference Standard for Claim Construction Barnes & Thornburg LLP
Jan
21
2015
Supreme Court Alters the Standard of Review For Patent Claim Construction Barnes & Thornburg LLP
Jun
30
2022
China Joins WIPO’s Hague System and the Marrakesh Treaty Barnes & Thornburg LLP
Jul
30
2015
USPTO Provides Meaningful Direction on Patentable Subject Matter Eligibility Barnes & Thornburg LLP
Oct
12
2015
Think Before You Shoot on Noncompete: Why The Threatening Letter May Not Be Your First Move Barnes & Thornburg LLP
Apr
14
2016
EU Updates Community Trade Mark System, Warns of Potential Imposters Barnes & Thornburg LLP
Jun
16
2016
Four Big Questions to Help You Understand the Federal Defend Trade Secrets Act Barnes & Thornburg LLP
Jul
12
2016
Federal Circuit Provides Guidance on When Outsourcing Manufacturing Constitutes a Patent-Invalidating Sale Barnes & Thornburg LLP
May
13
2020
Federal Circuit Holds Packaging Color Combinations Can Be Inherently Distinctive Barnes & Thornburg LLP
Jun
25
2014
Supreme Court Rules 6-3 That Aereo’s Retransmission Violates Copyright Law Barnes & Thornburg LLP
Mar
23
2017
Timing is Everything: U.S. Supreme Court Holds That Patent Act Does Not Provide Laches Remedy for Limiting Damages Barnes & Thornburg LLP
Dec
18
2014
2014 Interim Guidance on Patent Subject Matter Eligibility Provide Limited Direction for Software Implemented Inventions Barnes & Thornburg LLP
Jan
26
2022
Bill Proposes Elimination Of Duty Exemption For Low-Value Imports From China And Other Countries Barnes & Thornburg LLP
Sep
26
2017
Federal Circuit Rejects Eastern District of Texas Venue Test Barnes & Thornburg LLP
May
27
2015
High Court Rules That Good Faith Belief Of Invalidity Is Not Defense To Induced Infringement Barnes & Thornburg LLP
Sep
14
2022
BLIPS - September 2022 (German) Barnes & Thornburg LLP
Feb
20
2023
Why Can’t College Coaches Embrace The Reality Of Players Being Paid Through NIL? Barnes & Thornburg LLP
 

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