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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Mar
28
2018
Counting the Days: PTA Calculated from Date National Stage Commences McDermott Will & Emery
Oct
1
2012
Lack of Enablement Snares Patent’s Open-Ended Claim Scope McDermott Will & Emery
Apr
25
2018
Mic Drop: PTAB Not Bound by Prior Federal Circuit Decisions McDermott Will & Emery
Nov
4
2012
No Compulsory License for Internet Streaming McDermott Will & Emery
Jan
26
2023
Bursting the Bubble on Prosecution Delays McDermott Will & Emery
Feb
2
2023
Strings Attached: No Amendment for Trademark Application in Inter Partes Opposition Proceeding McDermott Will & Emery
Sep
30
2015
Federal Circuit: PTAB’s Claim Construction Standard Is BRI, but Sometimes with an Obligation McDermott Will & Emery
May
23
2018
Where Are We? Viewpoints on Women in IP And IP Headlines for April 2018 [PODCAST] McDermott Will & Emery
Oct
1
2015
PTAB Continues to Evolve Its Covered Business Method Patent Jurisprudence McDermott Will & Emery
Dec
21
2012
Protect Your Valuable Brands McDermott Will & Emery
Mar
2
2023
The Alice Eligibility Two-Step Dance Continues McDermott Will & Emery
Dec
31
2012
Rare Finding of Non-Obviousness Based Solely on Secondary Considerations McDermott Will & Emery
Jul
26
2018
Mind Your Own Place of Business McDermott Will & Emery
Mar
23
2023
Not Today, HAL: Copyright Still Requires Human Input McDermott Will & Emery
Feb
5
2013
Obviousness Ruling Reversed for Failure to Analyze Why References Should Be Combined McDermott Will & Emery
Oct
30
2015
Unflattering Photo—A Blogger’s Paradise? McDermott Will & Emery
Aug
28
2018
Walk Carefully at This Intersection: Willful Infringement ≠ Enhanced Damages McDermott Will & Emery
Nov
2
2015
On Remand, Panel Affirms ITC Finding of Section 337 Violation McDermott Will & Emery
Sep
28
2018
When Patent Royalties Go to Tax Havens McDermott Will & Emery
May
4
2023
PTO Proposes Patent Fee Increases McDermott Will & Emery
Oct
25
2018
RPI, I Presume? Petitioner Has Evidentiary Burden that RPIs Are Correct McDermott Will & Emery
May
26
2023
PTO Proposes Trademark Fee Increases McDermott Will & Emery
Mar
31
2013
Absent Explicit Language, Subsequent Patent Settlement Agreement Did Not Obviate Earlier Patent Settlement Agreement McDermott Will & Emery
Nov
30
2015
Patent Owner’s Disclaimers Results in IPR Institution Denial; Not an Adverse Judgment McDermott Will & Emery
Jun
1
2023
Neither Narrow Proposed Claim Construction nor Work Product Claim Justify Withholding Material Factual Information McDermott Will & Emery
Dec
2
2015
A Substantially Pure Isomer Is Obvious When the Completely Pure Isomer Is Known In The Art: Spectrum Pharms., Inc. v. Sandoz Inc. McDermott Will & Emery
Nov
29
2018
Supreme Court to Address Whether Government Can Petition for AIA Post-Grant Review McDermott Will & Emery
Apr
18
2013
China’s Merger Control Rules Changing: Ministry of Commerce (MOFCOM) Publishes New Draft Regulations on Remedies and Simple Cases McDermott Will & Emery
 

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