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
27
2023
Supreme Court Finds Warhol’s Commercial Licensing of “Orange Prince” to Vanity Fair Is Not Fair Use and Infringes Goldsmith’s Famed Rock Photo Sheppard, Mullin, Richter & Hampton LLP
Mar
31
2013
BONDing WITH NPE's - The Requirement for Security for Costs or Expenses Under Section 1030 of the California Code of Civil Procedure Sheppard, Mullin, Richter & Hampton LLP
Jun
14
2023
Healthier Choices Management Corp. v. Philip Morris USA, Inc. No. 22-1268 (Fed. Cir. Apr. 12, 2023) Sheppard, Mullin, Richter & Hampton LLP
Jun
16
2023
Supreme Court Rules “That Dog Don’t Hunt”: Bad Spaniels Toy’s Use of JACK DANIELS Marks is a Poor Parody and Dilution Act Applies Sheppard, Mullin, Richter & Hampton LLP
Jun
21
2023
Generative AI and Patent Considerations – Part Two Sheppard, Mullin, Richter & Hampton LLP
Jul
21
2023
Salazar v. AT&T Mobility LLC No. 21-2320 (Fed. Cir. Apr. 5, 2023) Sheppard, Mullin, Richter & Hampton LLP
Aug
10
2023
Sanderling Management v. Snap Inc. No. 21-2173 (Fed. Cir. Apr. 12, 2023) Alice – 35 U.S.C. § 101 Sheppard, Mullin, Richter & Hampton LLP
Nov
28
2023
Guarding the Name of the Game: The Role of Lawyers in Safeguarding Athlete Trademarks Sheppard, Mullin, Richter & Hampton LLP
Dec
10
2023
Federal Circuit’s Determination on Whether Fraudulent Conduct in Obtaining Incontestable Status Warrants the Mark’s Cancellation Sheppard, Mullin, Richter & Hampton LLP
Dec
6
2013
$2.3 Million Trial Verdict Against Newegg Sheppard, Mullin, Richter & Hampton LLP
Apr
10
2024
USPTO Issues Additional Guidance on Use of AI Tools in Connection with USPTO Matters Sheppard, Mullin, Richter & Hampton LLP
Apr
10
2014
Ninth Circuit Hearing on California Resale Royalties Sheppard, Mullin, Richter & Hampton LLP
Feb
18
2020
Machine Learning Patentability in 2019: 5 Cases Analyzed and Lessons Learned Part 2 Sheppard, Mullin, Richter & Hampton LLP
Mar
31
2020
Protecting Social Media Contact Lists as Trade Secrets Sheppard, Mullin, Richter & Hampton LLP
Jul
14
2016
En Banc: Federal Circuit Provides Guidance on Application of On-Sale Bar to Contract Manufacturers Sheppard, Mullin, Richter & Hampton LLP
Apr
16
2020
Open COVID Pledge Seeks to Make IP Available for Use in Ending COVID-19 Sheppard, Mullin, Richter & Hampton LLP
Jun
26
2014
New Updated FTC Care Labeling Rules: “Do’s and Don’ts” Sheppard, Mullin, Richter & Hampton LLP
Jul
8
2020
Admonition To Members Of The Healthcare Industry: Don’t Give Trade Secret Protection The Short Shrift! Sheppard, Mullin, Richter & Hampton LLP
Oct
27
2020
Patent Infringement Pleading Standards Remain Unsettled Five Years After the Abrogation of Form 18 – Part 1: Inconsistent Federal Circuit Guidance Sheppard, Mullin, Richter & Hampton LLP
Jan
15
2021
ITC Threat for Gaming Companies Grows with PTAB Discretionary Denials Sheppard, Mullin, Richter & Hampton LLP
Aug
31
2009
User Generated Content Promotions: Balancing The Sponsor's Rights Against Risks Sheppard, Mullin, Richter & Hampton LLP
Jun
28
2010
International Luxury Brands May Face Product Quality Enforcement In China Sheppard, Mullin, Richter & Hampton LLP
Jul
23
2010
Supreme Court Rejects Bilski Claims, Overturns "Machine-or-Transformation" Requirement for Patent Eligibility of Processes Sheppard, Mullin, Richter & Hampton LLP
Sep
3
2010
The Innovative Design Protection and Privacy Prevention Act: Will Design Protection Be In Vogue in Congress? Sheppard, Mullin, Richter & Hampton LLP
Oct
22
2010
Blog Hyperlinks to News Stories = Copyright Infringement or Not? Sheppard, Mullin, Richter & Hampton LLP
Feb
28
2022
Recent Expansion of IPR Estoppel Scope Viewed As Victory for Patent Owners Sheppard, Mullin, Richter & Hampton LLP
Oct
23
2017
PTAB Sheds Light on Video Game Patent Sheppard, Mullin, Richter & Hampton LLP
Sep
29
2022
Takeaways From the U.S. Patent and Trademark Office’s Artificial Intelligence and Emerging Technologies Partnership Series – Part One of Three Sheppard, Mullin, Richter & Hampton LLP
 

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