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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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
Oct
25
2017
Deadline Approaching: Action Required by December 31 To Avoid Losing DMCA Safe Harbor Protection Sheppard, Mullin, Richter & Hampton LLP
Mar
27
2018
UPDATE: The Federal Defend Trade Secrets Act vs. The California Uniform Trade Secrets Act Sheppard, Mullin, Richter & Hampton LLP
Feb
11
2023
Early 2023 Update: Where Are Plaintiffs Filing Patent Cases Now? Sheppard, Mullin, Richter & Hampton LLP
Mar
15
2023
Copyright Office Guidance on AI Sheppard, Mullin, Richter & Hampton LLP
Apr
13
2023
Copyright Office Artificial Intelligence Initiative and Resource Guide 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
Feb
8
2016
He’s got 99 Problems, But a Breach Might NOT be One 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
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
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
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
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
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
Apr
9
2020
4 Steps to More Effectively Use NDAs to Protect Confidential Information Sheppard, Mullin, Richter & Hampton LLP
Apr
16
2020
Delaware 101 Pleading Analysis Leaves Parties Guessing and Prosecutors Moving to Adapt Sheppard, Mullin, Richter & Hampton LLP
May
19
2020
COVID-19 Web-Based IP Platform to Facilitate Connections Sheppard, Mullin, Richter & Hampton LLP
Jul
7
2014
Laches, Statutes of Limitations and Raging Bull: The Supreme Court Re-Emphasizes The Pitfalls of Delay In Copyright Cases Sheppard, Mullin, Richter & Hampton LLP
Oct
8
2020
Alice and Incongruity in PTAB Appeals Sheppard, Mullin, Richter & Hampton LLP
Nov
24
2016
Proposed “Patent Agent Privilege” Promises Protection For Patent Practitioners And Clients Sheppard, Mullin, Richter & Hampton LLP
 

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