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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May
25
2023
First Circuit: Claim Preclusion Shouldn’t Apply to Bar Claims Under VARA McDermott Will & Emery
Apr
1
2013
Termination of Employee Refusing to Perform Copyright Infringement Was Illegal McDermott Will & Emery
Dec
1
2015
Disclaimed Claims May Be Considered When Determining Eligibility for CBM Review McDermott Will & Emery
Nov
14
2018
FTC Secures Partial Victory Requiring SEP Holder to License to All Comers in Antitrust Case McDermott Will & Emery
Nov
29
2018
SEP Rights Holder Must License All Comers McDermott Will & Emery
May
1
2013
Fourth Circuit Rejects Post-Trial Preclusion Ruling in Paper Towel “Stuffing” Saga McDermott Will & Emery
May
5
2013
Patentee’s Infringement Damages Limited to U.S. Sales and Must Not Be Speculative McDermott Will & Emery
Dec
21
2018
Federal Circuit Law Governs Waiver or Forfeiture of Patent Venue Rights McDermott Will & Emery
Dec
23
2015
Foreign Patent Proceedings Do Not Trigger § 315(b) Time Bar McDermott Will & Emery
Dec
22
2018
TTAB Mi-STEAK-enly Evaluated Evidence in Determining No Likelihood of Confusion McDermott Will & Emery
Dec
24
2015
Propriety of Certificate of Correction Requires Assessment of Teachings of Specification as Whole McDermott Will & Emery
Jan
28
2019
Secret Sales Still Qualify as Prior Art McDermott Will & Emery
Jun
2
2013
No Double Take in Sunglasses Spat Re: Infringement of Multiple U.S. Patents McDermott Will & Emery
Jan
30
2019
Ex Parte Communications Lead to PTAB Sanctions McDermott Will & Emery
Jul
20
2023
Reissue Boat Won’t Float: “Original Patent” Rule Sinks New Floating Grill Claims McDermott Will & Emery
Feb
28
2019
Licensor's Non-Material Breach Doesn't Excuse Royalties Non-Payment McDermott Will & Emery
Jun
29
2013
Use Can Be Inferred from Reliance on Trade Secrets in Developing One’s Own Technology McDermott Will & Emery
Aug
31
2023
Nothing Lost in Translation: Book’s Spanish Version Isn’t Different Creative Work McDermott Will & Emery
Mar
29
2019
Representations of Opposing Party's Corporate Subsidiary can Cause Disqualification McDermott Will & Emery
Sep
7
2023
It’s a Taking: Copyright Deposit Requirement Violates Fifth Amendment McDermott Will & Emery
Aug
1
2013
Patent Claim Limitations Must be Substantially Similar for a Previous Disclaimer to Apply: Regents of the Univ. of Minn. v. AGA Med. Corp. McDermott Will & Emery
Aug
5
2013
Claim Not Enabled Where There Is Need for Excessive Experimentation McDermott Will & Emery
Apr
26
2019
PTAB Clarifies when live Testimony at Oral Argument is Permitted, and Motion to Amend Practice McDermott Will & Emery
Aug
31
2013
A Negative Patent Claim Limitation Must Be Supported by the Specification McDermott Will & Emery
Feb
25
2016
Federal Circuit Precedents on Domestic and International Patent Exhaustion Principles Remain Unchanged McDermott Will & Emery
May
30
2019
Infringer Need Not Have "Affixed" The Mark To Goods To Be Found Liable McDermott Will & Emery
Oct
2
2013
Supplier’s Offer to Make Commercial Embodiment for Patentee Before Critical Date Results in On-Sale Bar: Hamilton Beach Brands, Inc. v. Sunbeam Products, Inc. McDermott Will & Emery
Oct
4
2013
Federal Trade Commission (FTC) Initiates Inquiry Into Patent Assertion Entities McDermott Will & Emery
 

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