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
19
2019
Blockchain Games and Collectibles – Patents and Other Legal Issues Sheppard, Mullin, Richter & Hampton LLP
Jun
21
2013
Four Wheel Fashion Re: Lifestyle Branding & Trademark Law Sheppard, Mullin, Richter & Hampton LLP
Dec
10
2023
Federal Circuit Vacates PTAB’s Decision Based on an Overly Narrow Claim Construction Sheppard, Mullin, Richter & Hampton LLP
Jan
22
2024
The Importance of Reasonable Particularity in a Doctrine of Equivalents Argument Sheppard, Mullin, Richter & Hampton LLP
Feb
26
2024
Federal Circuit Concluded that Operating Manuals Subject to Confidentiality Restrictions are Prior Art Printed Publication Sheppard, Mullin, Richter & Hampton LLP
Jun
20
2016
Federal Circuit Affirms Refusal to Register “Churrascos” Based on Genericness, Despite Prior Federal Registration of the Mark Sheppard, Mullin, Richter & Hampton LLP
Apr
7
2020
AIPLA’s Updated Model Patent Jury Instructions Address “Clear and Convincing” Standard of Proof & Streamline Case Citations Sheppard, Mullin, Richter & Hampton LLP
May
5
2020
Fortnite Streamer Ewok Pens Sponsorship Deal with HyperX Sheppard, Mullin, Richter & Hampton LLP
Jun
9
2020
The PTAB’s Ground-Breaking Decision in Apple v. Fintiv Promises to Make IPR Institutions More Challenging Sheppard, Mullin, Richter & Hampton LLP
Jun
22
2020
USPTO Announces a New Initiative to Expedite Examination of COVID-19 Related Patent Applications Sheppard, Mullin, Richter & Hampton LLP
Oct
14
2020
Supreme Court Deciding Constitutionality of PTAB Judge Appointments Sheppard, Mullin, Richter & Hampton LLP
Feb
2
2021
Trademark Modernization Act Strengthens Rights of Trademark Owners Sheppard, Mullin, Richter & Hampton LLP
Mar
29
2021
Distinguish “Smart Contract” From Abstract Idea To Pass Blockchain Patentability Scrutiny Sheppard, Mullin, Richter & Hampton LLP
Nov
8
2014
FTC Proposes Consent Order to Settle Charges Alleging Misrepresentations by Patent Assertion Entity Sheppard, Mullin, Richter & Hampton LLP
Apr
28
2021
Employee Confidentiality Provisions: Overbreadth Can Lead to Under-Protection Sheppard, Mullin, Richter & Hampton LLP
Sep
8
2009
Does Edwards v. Arthur Anderson Bar The Use of Employee Confidentiality Agreements? Sheppard, Mullin, Richter & Hampton LLP
Feb
26
2010
It's Not Over For MGA's Bratz Doll Line Yet Sheppard, Mullin, Richter & Hampton LLP
Mar
30
2015
B&B Hardware v. Hargis – U.S. Supreme Court Declares TTAB Findings Can Have Preclusive Effect on Subsequent Federal Court Decisions Sheppard, Mullin, Richter & Hampton LLP
Jan
2
2011
China Revamps Its Outdated Copyright Pledges System Sheppard, Mullin, Richter & Hampton LLP
Feb
25
2011
Indirect Purchaser Plavix Class Actions Tossed for Lack of Antitrust Standing Sheppard, Mullin, Richter & Hampton LLP
Feb
28
2022
Federal Circuit Deems Algorithm Potentially Valid Trade Secret Notwithstanding Prior Publication 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
May
4
2022
Dairy, LLC v. Milk Moovement, Inc.: Identifying Software Trade Secrets With Particularity to State a Claim for Trade Secret Misappropriation 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
May
23
2023
SCOTUS: “The More a Party Claims for Itself the More it Must Enable” Sheppard, Mullin, Richter & Hampton LLP
Oct
4
2023
Generative AI and Copyright – Some Recent Denials and Unanswered Questions Sheppard, Mullin, Richter & Hampton LLP
Jun
3
2019
The U.S. Trademark Office Opens The Door to Registering Certain Cannabis Trademarks Sheppard, Mullin, Richter & Hampton LLP
 

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