January 21, 2020

January 21, 2020

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January 20, 2020

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Intellectual Property, Patent, Trademark and Copyright Law News

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 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.

Date Title Organization
21
Jan
Fifth Circuit Holds Failure to Mitigate is No Bar to Statutory Damages Under Copyright Act Proskauer Rose LLP
21
Jan
Update on Federal Register Notice on Artificial Intelligence (AI) Patent Issues Mintz
21
Jan
China – U.S. Phase 1 Deal: Is It Enough? Mitchell Silberberg & Knupp LLP
20
Jan
Trade Secret Law Podcast Episode 15: What Constitutes a Trade Secret, the Meaning of Misappropriation, and Uniform Trade Secret Act ‘Preemption’ Greenberg Traurig, LLP
18
Jan
Federal Circuit Confirms – Blackbird Not Fit to Litigate McDermott Will & Emery
18
Jan
Practicing Product Must Be Essentially Claimed Invention to Link Secondary Considerations to Patent Claims McDermott Will & Emery
18
Jan
Determination of ‘Exceptional’ Under § 285 Must Be Made at the ‘Case’ Level McDermott Will & Emery
18
Jan
Mandamus Denied: Need to Show Abuse of Discretion in Addition to Prejudice from Delay McDermott Will & Emery
18
Jan
Inherency Can Be Used in Obviousness Analysis to Supply Missing Limitation McDermott Will & Emery
18
Jan
District Court Violated Ericsson’s Right to Trial by Jury in Setting FRAND Rate McDermott Will & Emery
17
Jan
SEC Issues Guidance on Confidential Treatment Applications and Intellectual Property and Technology Risks Katten
17
Jan
Maine Legislature Takes Aim at Nondisclosure Agreements Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
17
Jan
A Mixed Bag on New Rules – Juggling Copyright Preclusion and Patent Infringement McDermott Will & Emery
17
Jan
CNIPA Announces Registration of Beijing 2022 Winter Olympics Mascots and Logos Schwegman, Lundberg & Woessner, P.A.
17
Jan
Recent Trademark Decision Shows Getting a Trademark Registration for Geometric Shapes Is a Tough Bet Norris McLaughlin P.A.
16
Jan
Trump Signs Economic and Trade Agreement with China Schwegman, Lundberg & Woessner, P.A.
15
Jan
China Makes Significant Commitments to Improve Intellectual Property Protection in Phase 1 Trade Deal Schwegman, Lundberg & Woessner, P.A.
15
Jan
Update on Oral Argument in Romag: Supreme Court Considers Whether Willfulness is Required to Disgorge a Defendant’s Profits under the Lanham Act Proskauer Rose LLP
15
Jan
Court Properly Refused To Dissolve Injunction Involving Trade Secret Misappropriation Proskauer Rose LLP
14
Jan
Chinese Patent Filings Drop 9% in 2019 Schwegman, Lundberg & Woessner, P.A.

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