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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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
Jun
29
2021
Is Lawful Possession of a Trade Secret Enough for Standing to Sue for Misappropriation? 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
Oct
15
2021
Trade Secret Misappropriation: Denial of Motion for Attorneys’ Fees under CUTSA is Not an Appealable Order 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
2
2022
Money Laundering and High-Value Art: Treasury’s Study Discusses Financial Crimes and 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
Apr
14
2022
Tokenization and the Law: Legal Issues with NFTs 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
Apr
12
2023
Another Federal Agency Issues Request for Comments on AI Sheppard, Mullin, Richter & Hampton LLP
Jun
27
2013
Defense of Marriage Act (DOMA) Goes Down - Copyright Goes Up - U.S. v. Windsor, Supreme Court, No. 12-307, Decided June 26, 2013 Sheppard, Mullin, Richter & Hampton LLP
Aug
7
2013
Beijing Higher People's Court Clarifies Usage of Consent Letters to Overcome Trademark Rejections in the People's Republic of China (PRC) Sheppard, Mullin, Richter & Hampton LLP
Aug
31
2023
Inguran, LLC, DBA STGenetics V. ABS Global, INC., Genius PLC, No. 2022-1385 (July 5, 2023) Sheppard, Mullin, Richter & Hampton LLP
Apr
5
2019
Do NOT Give NDAs the Short Shrift Sheppard, Mullin, Richter & Hampton LLP
Oct
17
2023
United Cannabis Corporation v. Pure Hemp Collective Inc. Sheppard, Mullin, Richter & Hampton LLP
Oct
24
2023
In Re: Cellect, LLC No. 2022-1293 (Fed. Cir. Aug. 28, 2023) Sheppard, Mullin, Richter & Hampton LLP
Dec
31
2013
A Short-Lived Victory for Generic Manufacturers? – Part 2 Sheppard, Mullin, Richter & Hampton LLP
Dec
18
2023
Federal Circuit Vacates Invalidity Judgement Based on Collateral Estoppel from a Case Subsequently Vacated and Rebukes Plaintiff’s About-Face on Its Stipulated Claim Construction Sheppard, Mullin, Richter & Hampton LLP
Dec
21
2023
Anticipation and Obviousness in Patent Law: An Analysis of Recent IPR Decisions Sheppard, Mullin, Richter & Hampton LLP
Feb
14
2024
Federal Circuit Rules on Inventor-as-Lexicographer Definitions and the Proper Scope of Reply and Sur-Reply Briefing Following Patent Owner Responses to IPR Institution Decisions Sheppard, Mullin, Richter & Hampton LLP
May
25
2016
Federal Circuit Finds Software-Related Claims Patent Eligible in Enfish v. Microsoft Corp. Sheppard, Mullin, Richter & Hampton LLP
Dec
6
2019
Left Empty Handed: Value Shut Down on Written Prior Art, Highlighting Importance of System Art Sheppard, Mullin, Richter & Hampton LLP
Jan
7
2020
Artificial Intelligence (AI) Patents – Will the Patent Office Change the Rules? Sheppard, Mullin, Richter & Hampton LLP
May
10
2024
How to Recover Attorneys’ Fees in a Schedule A Trademark Case in the Northern District of Illinois Sheppard, Mullin, Richter & Hampton LLP
Mar
25
2020
COVID-19 and Trade Secrets: Is Your Business Prepared to Protect its Trade Secrets While Your Employees Work From Home? Sheppard, Mullin, Richter & Hampton LLP
 

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