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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Jan
21
2021
No Appellate Jurisdiction to Review Post-Verdict Appeal of Previously Denied SJ Motion McDermott Will & Emery
Oct
2
2014
Federal Circuit Remands Trio of Attorneys’ Fee Award Cases Back to District Courts in the Octane Fitness and Highmark Cases McDermott Will & Emery
Oct
5
2014
No Motivation to Combine Where Combination Requires Complete Redesign, Shaw Industries Group, Inc. v. Automated Creel Systems, Inc. McDermott Will & Emery
Feb
10
2021
EU Parallel Trade Permit: Who Has Burden of Proof that Plant Protection Products and Biocides Are Identical? McDermott Will & Emery
Feb
18
2021
Attempts to Appeal Institution Decision Is SIPCOed McDermott Will & Emery
Oct
29
2014
Post-Therasense: Federal Circuit Divided on Inequitable Conduct McDermott Will & Emery
Mar
11
2021
Click Fraud: Predicate to False Designation of Origin McDermott Will & Emery
Nov
1
2014
Not All Vice Presidents Are Officers and Entitled to Corporate Indemnification McDermott Will & Emery
Apr
29
2017
Ford Motor Company v. Versata Development Group: Bar for CBM Review Inching Higher McDermott Will & Emery
Nov
25
2014
U.S.-Centered Negotiations for Product Made and Sold Outside United States Do Not Constitute Sale or Offer for Sale in United States McDermott Will & Emery
Nov
27
2014
Not So “Routine Discovery” in AIA (American Invents Act) Proceedings McDermott Will & Emery
Jun
1
2017
Who Wore It Best? Virtually Identical Fabric Design Supports Inference of Copying McDermott Will & Emery
Dec
1
2014
No Fair Use for Digital Excerpts McDermott Will & Emery
May
20
2021
Arthrex Argument May Be Available in Round Two McDermott Will & Emery
Jul
27
2017
Settling the Hawkwind Trademark Flap: Dave Brock v. Nik Turner McDermott Will & Emery
Jan
2
2015
Navigating Degrees of Separation: Impermissible Incorporation by Reference McDermott Will & Emery
Sep
9
2021
Foreign Company’s Purposeful US Activities Blemishes Lack of Personal Jurisdiction Defense McDermott Will & Emery
Sep
16
2021
Sixth Circuit: It’s a Go on Plaintiff’s Claims Despite Arbitration Clause McDermott Will & Emery
Feb
25
2015
Federal Circuit Affirms PTAB’s Lack of Patentability Ruling in First-Ever AIA Review: In re Cuozzo Speed Techs., LLC McDermott Will & Emery
Feb
27
2015
Valeo North America, Inc. v. Magna Electronics Inc.:Untimely Presentation of Updated Mandatory Notice Is Not a Cause for Termination McDermott Will & Emery
Oct
7
2021
No Immunity: State Right of Publicity Law is § 230 “Law Pertaining to Intellectual Property” McDermott Will & Emery
Mar
1
2015
Claims Can Be Amended in IPR – Really! Riverbed Technology, Inc. v. Silver Peak Systems, Inc. McDermott Will & Emery
Jan
20
2022
Magazine Reload: Claim Construction Error Requires Reversal and Remand McDermott Will & Emery
Feb
17
2022
Bargained-Away Rights to File for IPR May Not Be Recovered McDermott Will & Emery
Jun
1
2011
Expanded Protection Against Employee Computer Data Theft Under Computer Fraud and Abuse Act McDermott Will & Emery
May
1
2015
Federal Circuit Acknowledges § 284 Review Issue May Be Raised by Octane/Highmark Cases McDermott Will & Emery
Jun
15
2011
Domain Name Registrant Found to Lack Bad Faith in UDRP Proceeding Later Loses Against ACPA Claim McDermott Will & Emery
Jul
8
2011
Vendor’s Economic Injury Is Insufficient to Establish DJ Jurisdiction, but Implicit Claim of Contributory Infringement Is Enough: McDermott Will & Emery
 

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