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 descending
Oct
10
2016
Supreme Court and the Lanham Act: Lee v Tam Sheppard, Mullin, Richter & Hampton LLP
Jul
1
2020
USPTO Announces New Pilot Program to Expedite Appeals Process Sheppard, Mullin, Richter & Hampton LLP
Jan
25
2017
Suing The United States Government For Patent Infringement And Defending Against A Claim Of Obviousness Sheppard, Mullin, Richter & Hampton LLP
Mar
15
2021
“Winning” Prosecution Arguments Can Invalidate Your Patent As Indefinite Sheppard, Mullin, Richter & Hampton LLP
Jun
5
2017
Eleventh Circuit Joins Split Court Decisions on Registration Precondition for Copyright Suits Sheppard, Mullin, Richter & Hampton LLP
Aug
28
2009
Second Circuit Resolves Split Between the Circuits Regarding Sale of Keywords to Trigger Sponsored Links and "Use in Commerce" Under the Lanham Act Sheppard, Mullin, Richter & Hampton LLP
Jul
11
2010
Mexico Passes New Law on Data Protection Sheppard, Mullin, Richter & Hampton LLP
Feb
2
2011
FDA Announces Its Plan For Changes to the 510(k) "Approval" Pathway Sheppard, Mullin, Richter & Hampton LLP
Aug
8
2011
Federal Circuit Holds that "Isolated DNA Molecules" Are Patentable Subject Matter and Method Claims Merely "Comparing" or "Analyzing" Are Not Sheppard, Mullin, Richter & Hampton LLP
Mar
28
2022
Ninth Circuit Upholds Application of California Labor Code To Contractual Forum-Selection and Choice-of-Law Clause To Keep Dispute Over Non-Compete Clause in California Sheppard, Mullin, Richter & Hampton LLP
Oct
28
2017
Florida Now Follows New York to Find No Common Law Public Performance Right For Pre-1972 Sound Recordings Sheppard, Mullin, Richter & Hampton LLP
Jun
14
2022
A High Mountain to Climb: Filing DTSA Claims Without any Evidence is Not Enough to Meet “Bad Faith” Standard for Awarding Attorneys’ Fees to Opponent Sheppard, Mullin, Richter & Hampton LLP
Mar
30
2023
Will eBook Ruling Impact Fair Use Analysis for Generative AI? Sheppard, Mullin, Richter & Hampton LLP
Apr
27
2023
Solving Open Source Problems with AI Code Generators – Legal Issues and Solutions Sheppard, Mullin, Richter & Hampton LLP
Aug
8
2013
Dang v. San Francisco Forty Niners - Consumers Can Challenge Reebok's Exclusive NFL Apparel Deal Based Just on a Market of Garments Bearing NFL Team Logos Sheppard, Mullin, Richter & Hampton LLP
Dec
14
2023
Federal Circuit Weighs in on Relevance of Primary Reference’s Intended Purpose to a POSITA’s Motivation to Combine Sheppard, Mullin, Richter & Hampton LLP
Dec
2
2013
Kraft v. Cracker Barrel: A Summary of Judge Posner’s Opinion and an Alternative Reverse Confusion Theory of Liability Sheppard, Mullin, Richter & Hampton LLP
Aug
22
2019
Celebrity Entertainer Sues Over Video Game Avatar Sheppard, Mullin, Richter & Hampton LLP
Sep
19
2019
Driver’s License: Copyright Infringement in the World of Street Art Sheppard, Mullin, Richter & Hampton LLP
Feb
13
2024
Federal Circuit Rebukes Attempt to Incorporate Arguments by Reference to a Related IPR Petition Sheppard, Mullin, Richter & Hampton LLP
Apr
23
2014
Microsoft-Nokia: China’s MOFCOM (Ministry of Commerce) Quietly Slips Into the Debate about Injunctive Relief for FRAND (Fair, Reasonable and Nondiscriminatory)-Encumbered SEPs (Standard Essential Patents) Sheppard, Mullin, Richter & Hampton LLP
Mar
28
2020
Congress Gives Patent and Trademark Office Temporary Authorization to Move Deadlines in Light of COVID-19 Pandemic Sheppard, Mullin, Richter & Hampton LLP
Apr
24
2020
U.S. Supreme Court Rules that Profits Available Even from Non-Willful Trademark Infringers Sheppard, Mullin, Richter & Hampton LLP
Aug
12
2016
Compilation of Public Data Can be Trade Secret Sheppard, Mullin, Richter & Hampton LLP
May
6
2020
A Cautionary Trade Secrets Tale: Failure To Preserve Potentially Relevant Evidence Sheppard, Mullin, Richter & Hampton LLP
May
8
2020
COVID-19 Prioritized Examination Pilot Program Now Available for Small and Micro Entities Sheppard, Mullin, Richter & Hampton LLP
Jul
16
2014
Conan Doyle’s Quixotic Attempt to Protect Sherlock Holmes Sheppard, Mullin, Richter & Hampton LLP
Aug
4
2020
Self-Driving Cars and Auto-Deletes: An Epic E-Discovery Mismatch Sheppard, Mullin, Richter & Hampton LLP
 

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