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
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
Dec
16
2015
Urock Network v. Umberto Sulpasso – Claim Preclusion Rocked Cancellation Sheppard, Mullin, Richter & Hampton LLP
Mar
12
2016
Second Circuit Tosses Out Time-Barred Copyright Claims Against Jay Z Sheppard, Mullin, Richter & Hampton LLP
May
2
2019
A Cautionary Tale: Don’t Wait Until There Is A Problem To Protect Your Trade Secrets Sheppard, Mullin, Richter & Hampton LLP
Mar
29
2016
T.T.A.B. Emphasizes the Fame of the Movie ‘Jaws’ in Its Refusal to Register a Cooking Show’s Mark Sheppard, Mullin, Richter & Hampton LLP
Nov
3
2023
White House Executive Order on AI Punts on IP Issues Sheppard, Mullin, Richter & Hampton LLP
Dec
15
2023
Federal Circuit Affirms PTAB’s Ruling of Swearing Behind a Prior Art Reference Sheppard, Mullin, Richter & Hampton LLP
Feb
13
2024
Federal Circuit Rules on Written Description Requirement and Prior Art Statements Supporting a Motivation to Combine Sheppard, Mullin, Richter & Hampton LLP
Feb
16
2024
DOJ and SEC Officials Issue Harsh Warnings Concerning the Misuse of AI Sheppard, Mullin, Richter & Hampton LLP
Oct
14
2019
Patent Attacks Against Open Source Intensify! Sheppard, Mullin, Richter & Hampton LLP
Mar
13
2024
The USPTO and USCO Delivered a Report to Congress on IP Issues with NFTs – Maintains Existing IP Regime Sheppard, Mullin, Richter & Hampton LLP
May
14
2024
Federal Circuit Concluded that Operating Manuals Subject to Confidentiality Restrictions are Prior Art Printed Publications Sheppard, Mullin, Richter & Hampton LLP
Jul
15
2016
Patent Office Adds Another After Final Option for Applicants – P3 Sheppard, Mullin, Richter & Hampton LLP
Jul
21
2016
The Federal Defend Trade Secrets Act vs. The California Uniform Trade Secrets Act Sheppard, Mullin, Richter & Hampton LLP
Mar
13
2020
The Growing Importance of International Arbitration for Intellectual Property Disputes Sheppard, Mullin, Richter & Hampton LLP
Aug
24
2016
Update on Peter Doig: Artist Sued for Denying He Created Art Piece Sheppard, Mullin, Richter & Hampton LLP
Oct
10
2014
Allegations that Defendants Provided Product for “Free” State Claims Under California’s Unfair Practices Act (UPA) and Unfair Competition Law (UCL), Notwithstanding that “Cost” of Product Was Recouped by Overcharging for Shipping Sheppard, Mullin, Richter & Hampton LLP
Nov
24
2014
Versata Software, Inc. v. Callidus Software, Inc.: Guidance on Stays Pending Post-Issuance Proceedings Sheppard, Mullin, Richter & Hampton LLP
Mar
3
2021
Patent Infringement Pleading Standards Remain Unsettled Five Years After the Abrogation of Form 18 – Part 2: Pleading Standards in Delaware Sheppard, Mullin, Richter & Hampton LLP
Mar
25
2021
Protecting IP and Limiting Liability When Licensing IP for Digital Art and NFTs Sheppard, Mullin, Richter & Hampton LLP
Sep
7
2021
Sharing Motion Picture Materials: Practical Considerations Sheppard, Mullin, Richter & Hampton LLP
Sep
16
2010
ITAR License Exemption Amended To Allow Hand-Carrying Of Technical Data Outside The United States Sheppard, Mullin, Richter & Hampton LLP
Apr
11
2011
Protecting Trade Secrets In A Post-WikiLeaks World Sheppard, Mullin, Richter & Hampton LLP
Dec
2
2021
Court Finds Company Entitled to Nominal Damages for Former Employee’s Breach of an NDA Sheppard, Mullin, Richter & Hampton LLP
 

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