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
9
2016
Defend Trade Secrets Act – Coming to Federal Court Near You Sheppard, Mullin, Richter & Hampton LLP
Mar
5
2020
Intellectual Property Outlook: Cases and Trends to Follow in 2020 — PART 3 Sheppard, Mullin, Richter & Hampton LLP
May
8
2020
Breach of FRAND Implications on ITC Exclusion Orders In View of the Public’s Interest Sheppard, Mullin, Richter & Hampton LLP
Jun
22
2020
USPTO Announces a New Initiative to Provide Applicants Additional Time to Petition for Restoring a Right of Priority or Benefit Sheppard, Mullin, Richter & Hampton LLP
Jul
14
2014
International Safe Harbor Privacy Compliance: What You Need to Know Sheppard, Mullin, Richter & Hampton LLP
Aug
21
2014
Second Circuit Clarifies the Use of Legal Presumptions of Consumer Confusion and Injury in Certain Lanham Act Cases 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
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
May
18
2015
There’s No Such Thing As a Free Sample Sheppard, Mullin, Richter & Hampton LLP
Mar
3
2022
SEC Targets NFTs Sheppard, Mullin, Richter & Hampton LLP
Dec
21
2011
Court of Federal Claims Reaffirms Exceptions To The Anti-Assignment Act Sheppard, Mullin, Richter & Hampton LLP
Jun
23
2015
The Days of the Vultures (Silicon Valley – Season 2 Finale) Sheppard, Mullin, Richter & Hampton LLP
Oct
27
2022
One Bad Apple Won’t Spoil the Rest of the Bunch’s Ability to Fairly Compete in Matthews International Corp. v. Lombardi Sheppard, Mullin, Richter & Hampton LLP
Feb
8
2023
To Be, or Not to Be? Considerations for A.I.- Generated Art Sheppard, Mullin, Richter & Hampton LLP
Oct
12
2015
August 2015 Summary of Recent Precedential Trademark Trial and Appeal Board Decisions Sheppard, Mullin, Richter & Hampton LLP
Jan
3
2019
Challenges in Filing Successful IPR Petitions for Video Game Patents Sheppard, Mullin, Richter & Hampton LLP
Jul
2
2013
Foreign Trade Antitrust Improvements Act Defeats Claim Against Holder Of Patent Incorporated Into Industry Standard Sheppard, Mullin, Richter & Hampton LLP
May
1
2019
Yes, UCANN! Sheppard, Mullin, Richter & Hampton LLP
Mar
12
2016
Second Circuit Tosses Out Time-Barred Copyright Claims Against Jay Z Sheppard, Mullin, Richter & Hampton LLP
Dec
10
2023
Second Circuit Finds Art Collective Can’t Use First Amendment to Skate Out of Injunction 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
Sep
16
2019
Perils of Waiting: PTAB’s Precedential Opinion Panel Designates Two More Decisions Rejecting 315(b) Arguments Regarding Time Bars 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
Apr
29
2020
Recent Case Law May Open New Celebrity Dance Suits Against Game Publishers 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
 

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