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
Custom text Organization Sort ascending
Aug
20
2013
English High Court Rules Patent Issues Should be Tried Before Fair, Reasonable and Non-discriminatory (FRAND) Matters McDermott Will & Emery
Jun
28
2019
Supreme Court to Consider Time Bar to AIA Challenge McDermott Will & Emery
Sep
1
2013
No Preliminary Injunction Over Commercial Hopping McDermott Will & Emery
Feb
24
2016
Re-Registration of a Domain Name Constitutes “Registration” Under the ACPA McDermott Will & Emery
Dec
14
2023
If the Label Is Skinny Enough – No Inducement Under Hatch-Waxman McDermott Will & Emery
Feb
25
2016
Post-Grant Review Estoppel Applies on Claim-by-Claim Basis McDermott Will & Emery
Oct
1
2013
Litigation Misconduct Alone Sufficient to Support Exceptional Case McDermott Will & Emery
Jul
27
2019
Domestic Industry May Include Old Investments With Sufficient Nexus To Continuing Expenditures McDermott Will & Emery
Oct
3
2013
X-Men, Incredible Hulk, Spider Man and Captain America Illustrator – Exceptionally Gifted Artist, but Not Copyright Owner McDermott Will & Emery
Feb
1
2024
Senate Holds Hearing on Legislative Initiative to Address Patent Eligibility McDermott Will & Emery
Nov
3
2013
Put a Fork in It, Software Patent Now Fully Cooked McDermott Will & Emery
Feb
9
2024
Shaping The Digital Future: The Newly Adopted EU Data Act and Its Impact McDermott Will & Emery
Sep
27
2019
Nothing Exceptional About Litigation Costs Exceeding Potential Damages McDermott Will & Emery
Mar
29
2016
Financial Gain Not Required to Prevail in Trade Secret Theft Claim McDermott Will & Emery
Feb
22
2024
Trademark Trial & Appeal Board Gets a DuPont 101 Lesson McDermott Will & Emery
Nov
27
2013
Old Claims/New Claims – Need a Psychic to Know What’s Covered and What’s Not McDermott Will & Emery
Mar
30
2016
Nike, Inc. v. Adidas AG: Federal Circuit Remands PTAB’s Denial of Motion to Amend in IPR McDermott Will & Emery
Nov
5
2019
Federal Circuit Sides With PTO On Applicant Delay In Patent Term Adjustment McDermott Will & Emery
Jan
1
2014
A Road Test of the New PTAB (Patent Trial and Appeals Board) and a Road Map for Future IPR’s (Inter Partes Review) McDermott Will & Emery
Nov
25
2019
Hooke, Line And Sinker: Mechanical Patent Caught By § 101 Exception McDermott Will & Emery
Nov
29
2019
Supreme Court to Weigh In on Google-Oracle Copyright Dispute McDermott Will & Emery
Apr
11
2024
PTO Stands by Patent Fee Increases McDermott Will & Emery
Jan
22
2014
Collective Redress Likely to Become a Reality in Belgium McDermott Will & Emery
Dec
23
2019
Travel Trailer Pulls Patent Around Prior Art McDermott Will & Emery
Feb
2
2014
“Inherency Requires More Than Probabilities” - Motorola Mobility, LLC v. Int’l Trade Comm’n McDermott Will & Emery
Apr
28
2016
Denying Institution on “Redundant” Grounds Is Proper McDermott Will & Emery
May
2
2024
A Lesson in Laches: You Waited Too Long to Start Your Kar McDermott Will & Emery
Jan
18
2020
District Court Violated Ericsson’s Right to Trial by Jury in Setting FRAND Rate McDermott Will & Emery
 

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