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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Dec
23
2014
U.S. Patent and Trademark Office Clarifies “Patent Eligible Subject” Matter in its Recent Guidance in Light of Alice Sheppard, Mullin, Richter & Hampton LLP
Feb
5
2015
Supreme Court Update – Hana Financial v. Hana Bank Sheppard, Mullin, Richter & Hampton LLP
Feb
19
2015
Bargaining with Apple: Understanding the iOS Developer Program License Agreement Sheppard, Mullin, Richter & Hampton LLP
Aug
29
2009
What To Do When Your .CN Domain Name Is Already Taken Sheppard, Mullin, Richter & Hampton LLP
Feb
11
2011
The Ninth Circuit's Holding in Levi Strauss v. Abercrombie & Fitch - "Degree of Similarity" Is But One of Six TDRA Factors, Not the Threshold Test -- Marks An Important Decision Elucidating The Proper Dilution Standard Sheppard, Mullin, Richter & Hampton LLP
Mar
23
2022
Provisions on Administration of Algorithmic Recommendation Took Effect on March 1 Sheppard, Mullin, Richter & Hampton LLP
Jun
4
2022
Mythical Games Scores NFL License for Blockchain Video Game Sheppard, Mullin, Richter & Hampton LLP
Dec
26
2017
Cesari S.R.L. v. Peju Province Winery L.P.: Relying on Supreme Court Precedent, District Court Holds that Trademark Trial & Appeal Board Finding of Likelihood of Confusion has Preclusive Effect Sheppard, Mullin, Richter & Hampton LLP
Jan
19
2023
Potential Sanctions for Alleged Intellectual Property Theft on the Horizon? Sheppard, Mullin, Richter & Hampton LLP
Mar
8
2023
Takeaways from the Hermès Litigation over MetaBirkins NFTs Sheppard, Mullin, Richter & Hampton LLP
Apr
7
2023
Divided Federal Circuit Makes Controversial Ruling That Nonliteral Elements of “Cloned” Software Are Not Protectable Because It Was Based on Open Source and Other Known Material Sheppard, Mullin, Richter & Hampton LLP
Apr
13
2023
Celebrity “Faces Off” Against Deep Fake AI App Over Right of Publicity Sheppard, Mullin, Richter & Hampton LLP
Jul
25
2023
PTAB Makes Significant Changes to Director Review Process Sheppard, Mullin, Richter & Hampton LLP
Feb
8
2016
He’s got 99 Problems, But a Breach Might NOT be One Sheppard, Mullin, Richter & Hampton LLP
Apr
22
2019
Returning to the Status Quo? – Proposed Outline for Section 101 Reform Sheppard, Mullin, Richter & Hampton LLP
Mar
18
2016
Federal Circuit Reaffirms Its Longstanding Patent Exhaustion Precedents in Lexmark. v. Impression Products (Fed. Cir. Feb. 12, 2016) (en banc) Sheppard, Mullin, Richter & Hampton LLP
Nov
17
2023
USPTO Guidance on Design Patents Including a Computer-Generated Electronic Image Sheppard, Mullin, Richter & Hampton LLP
Dec
14
2023
PTAB’s Decision of a Singular-Only Construction of the Term “The Sample Stream” Reversed Sheppard, Mullin, Richter & Hampton LLP
Jan
27
2014
Are Circuit Courts of Appeal Split as to the Preclusive Impact Accorded to Prior Trademark Trial and Appeal Board Decisions? Sheppard, Mullin, Richter & Hampton LLP
Mar
20
2014
FTC (Federal Trade Commission) Targets Reporting of Licensing of Pharmaceutical Patents With Special Rules for Premerger Notification: What You Need to Know Sheppard, Mullin, Richter & Hampton LLP
Feb
23
2021
LG Chem’s Win In $1 Billion Electric Vehicle Trade Secret Dispute Upheld by International Trade Commission Sheppard, Mullin, Richter & Hampton LLP
Feb
25
2021
How to Successfully Obtain Blockchain Patents Sheppard, Mullin, Richter & Hampton LLP
May
17
2017
The Kardashians Can’t Keep up with Copyright Law Sheppard, Mullin, Richter & Hampton LLP
Jul
27
2021
Trade Secret Litigants Take Note: California District Court Provides Guidance on Obtaining a Preliminary Injunction and Expedited Discovery Sheppard, Mullin, Richter & Hampton LLP
Aug
30
2009
What Is the Jurisdictional Pre-Requisite for Copyright Litigation?: Do Denim v. Fried Denim Sheppard, Mullin, Richter & Hampton LLP
Jun
22
2010
China's Supreme People's Court Publishes White Paper on Intellectual Property Protection by Chinese Courts Sheppard, Mullin, Richter & Hampton LLP
Apr
15
2011
Patent Reform: Key Features of the Senate and House Bills Sheppard, Mullin, Richter & Hampton LLP
Jan
24
2022
USPTO’s Pilot Program for Deferring Subject Matter Eligibility Response Sheppard, Mullin, Richter & Hampton LLP
 

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