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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Feb
17
2015
Simplified International Filing of Design Patents Coming in May Neal, Gerber & Eisenberg LLP
Mar
14
2014
United States Patent & Trademark Office (USPTO) Issues Guidance on Patentability of “Nature”-Related Patent Claims Neal, Gerber & Eisenberg LLP
Jun
17
2015
Federal Circuit Weakens the Presumption against Means-Plus-Function Claim Interpretation–Structural Support Significant for Functional Claiming Neal, Gerber & Eisenberg LLP
Dec
12
2012
New Concerns Over Product Liability Risk for Trademark Licensors Neal, Gerber & Eisenberg LLP
Feb
26
2013
Landmark Changes to U.S. Patent System Almost Here Neal, Gerber & Eisenberg LLP
Jul
12
2017
Supreme Court Limits Where Patent Owners May File Infringement Actions – With Some Guidance from Applicable District Court Decisions Neal, Gerber & Eisenberg LLP
Jan
23
2015
Supreme Court Holds That Factual Findings for Patent Claim Interpretation are Reviewed for Clear Error Neal, Gerber & Eisenberg LLP
Feb
8
2012
Don’t Ignore Governmental Mechanisms for Protecting Intellectual Property Rights Neal, Gerber & Eisenberg LLP
Aug
21
2015
Federal Circuit Resolves Divided Infringement Dispute by Broadening “Direction and Control” Standard Neal, Gerber & Eisenberg LLP
Aug
21
2012
7th Circuit: Trademark Owners in Bankruptcy Cannot Revoke License Agreements Neal, Gerber & Eisenberg LLP
Jan
23
2014
New gLTD Trademark Clearinghouse: Now is the Time Neal, Gerber & Eisenberg LLP
Jun
6
2014
U.S. Supreme Court Makes It Easier to Knock Out Patents For Indefiniteness in Nautilus, Inc. v. Biosig Instruments, Inc. Neal, Gerber & Eisenberg LLP
Feb
2
2012
New Domain Name Registry Application Period Now Open Though Critics Urge Delay Neal, Gerber & Eisenberg LLP
Jul
14
2016
Federal Trade Commission Continues to Scrutinize Social Media Influencer Programs Neal, Gerber & Eisenberg LLP
Apr
14
2015
Supreme Court Decision Gives Preclusive Effect to TTAB Rulings Neal, Gerber & Eisenberg LLP
May
27
2015
Supreme Court Removes Good Faith Belief of Patent Invalidity as Defense to Induced Patent Infringement Neal, Gerber & Eisenberg LLP
Aug
3
2015
Planning for Potential Significant Tax Breaks Neal, Gerber & Eisenberg LLP
Jul
26
2012
Challenging Competitors’ Patents Before They Issue: New Rule Outlines How to Submit Evidence Against Pending Patent Applications Neal, Gerber & Eisenberg LLP
May
16
2016
Software Patents Aren’t Inherently Abstract—Patent Appeals Court Clarifies and Enhances Software Patent Eligibility Neal, Gerber & Eisenberg LLP
Jun
12
2017
Reminder: Service Providers Must Comply with New Requirements for Copyright Safe Harbor by December 31, 2017 Neal, Gerber & Eisenberg LLP
Jun
26
2013
U.S. Supreme Court Holds Genes Cannot Be Patented but Other Patent Strategies Can Be Pursued Neal, Gerber & Eisenberg LLP
Feb
5
2018
How patents play a role in drug pricing Neal, Gerber & Eisenberg LLP
Sep
6
2012
Federal Circuit Resurrects ‘Induced Infringement;’ Narrows ‘Joint Infringement Defense’ Neal, Gerber & Eisenberg LLP
Nov
22
2012
U.S. District Court Finds the USPTO is Improperly Calculating Patent Term Adjustment Neal, Gerber & Eisenberg LLP
Mar
22
2013
U.S. Supreme Court Makes Price Differentiation Between Markets More Difficult for Copyright Owners Neal, Gerber & Eisenberg LLP
Nov
7
2011
Tenth Circuit Continues the Ambiguity of “Advertising Injury” Intellectual Property Insurance Services Corporation
Feb
13
2012
Better Anti-Piracy Bill Introduced in Wake of SOPA, PIPA Ifrah Law
May
24
2012
Why POM Wonderful Can Celebrate FTC Judge’s Ruling in Advertising Case Ifrah Law
 

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