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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Jan
3
2022
Healthcare Res. Mgmt. Grp., LLC v. Econatura All Healthy World, LLC – A Cautionary Tale: Meticulous or Careless Strategy Required to Prove Your Trade Secret Claim Sheppard, Mullin, Richter & Hampton LLP
Aug
24
2011
Antitrust Counterclaim in Patent Infringement Action Lacks Plausible Allegations of Competitive Injury Sheppard, Mullin, Richter & Hampton LLP
Mar
29
2022
California Labor Code Section 925: A Word of Caution for Out-of-State Employers of California Employees Sheppard, Mullin, Richter & Hampton LLP
Sep
26
2011
ANDA Automatic Stay of FDA Approval Does Not Defeat Standing in Sham Litigation Antitrust Counterclaim Sheppard, Mullin, Richter & Hampton LLP
Oct
25
2011
Safe-Harbor Provision of Hatch-Waxman Act Does Not Protect Post-Approval Research Activities Sheppard, Mullin, Richter & Hampton LLP
Jun
14
2022
The Legit Ledger Episode 1: Intellectual Property Considerations for Licensing NFTs with Yasamin Parsafar and Jim Gatto [PODCAST] Sheppard, Mullin, Richter & Hampton LLP
Apr
12
2023
Another Federal Agency Issues Request for Comments on AI Sheppard, Mullin, Richter & Hampton LLP
Mar
19
2013
Massachusetts District Court Finds No Inference of Conspiracy Arising From Members of Standard Setting Organization Pursuing Self Interest In Refusing To Approve Plaintiff's Competing Technology Sheppard, Mullin, Richter & Hampton LLP
Nov
14
2018
The Hammer Falls on the First Major Blockchain-based Art Auction Sheppard, Mullin, Richter & Hampton LLP
Jun
6
2023
Ironburg Inventions Ltd. v. Valve Corp. 21-2296 (Fed. Cir. Apr. 3, 2023) Sheppard, Mullin, Richter & Hampton LLP
Apr
3
2013
Supreme Court Hears Arguments on "Pay for Delay" Agreements Sheppard, Mullin, Richter & Hampton LLP
Jun
19
2023
The After Effects of the Music Modernization Act in the Digital Streaming Sphere Sheppard, Mullin, Richter & Hampton LLP
Jan
19
2016
Copyright Is Nothing To Joke About Sheppard, Mullin, Richter & Hampton LLP
Sep
29
2023
Design Patents Milestone Announced Sheppard, Mullin, Richter & Hampton LLP
Oct
6
2023
SNIPR Tech. Ltd. v. Rockefeller Univ., No. 22-1260 (Fed. Cir. July 14, 2023) Sheppard, Mullin, Richter & Hampton LLP
Oct
24
2023
Sisvel International S.A. v. Sierra Wireless, Inc., No. 2022-1387, 2022-1492 (Fed. Cir. Sept 1, 2023) Sheppard, Mullin, Richter & Hampton LLP
Oct
15
2013
United States Supreme Court Agrees to Hear Two Cases That Could Potentially Deter Non-Practicing Entities From Filing Frivolous Suits Sheppard, Mullin, Richter & Hampton LLP
Dec
13
2023
Federal Circuit Evaluates Impact of the Final Written Decision (FWD) in a Parallel Inter-Partes Review (IPR) on District Court’s decision of Invalidity and Infringement Sheppard, Mullin, Richter & Hampton LLP
Mar
15
2016
Federal Circuit Won’t Review USPTO’s Alice Guidelines Sheppard, Mullin, Richter & Hampton LLP
Dec
21
2023
PTAB’s Authority to Issue a Final Written Decision After a Statutory Deadline Sheppard, Mullin, Richter & Hampton LLP
Feb
14
2024
AI-Assisted Inventions: Are They Patentable? Who is the Inventor? Sheppard, Mullin, Richter & Hampton LLP
Aug
16
2016
Artist Sued for Denying He Created Art Piece - I Swear It’s Not Mine Sheppard, Mullin, Richter & Hampton LLP
Jun
29
2021
Is Lawful Possession of a Trade Secret Enough for Standing to Sue for Misappropriation? Sheppard, Mullin, Richter & Hampton LLP
Feb
6
2015
Court of Appeals for the Federal Circuit Sides With PTAB in Inter Partes Review Appeal Sheppard, Mullin, Richter & Hampton LLP
Oct
15
2021
Trade Secret Misappropriation: Denial of Motion for Attorneys’ Fees under CUTSA is Not an Appealable Order Sheppard, Mullin, Richter & Hampton LLP
Sep
15
2009
UMG v. Augusto: Allowing the Sale of Promotional CDs Under the First Sale Doctrine Could Affect Much More than the Music Industry Sheppard, Mullin, Richter & Hampton LLP
Feb
26
2010
The Southern District Of New York Sends A Clear Message To Retailers Selling Counterfeits That Failing To Exercise Due Diligence In Purchasing Products After An Injunction May Result In Trebled Damages Of Millions Of Dollars Sheppard, Mullin, Richter & Hampton LLP
Jul
1
2010
Sometimes "Compare To" Packaging Means Just What it Says Sheppard, Mullin, Richter & Hampton LLP
 

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