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
Custom text Organization Sort descending
Oct
3
2017
Federal Circuit Schools USPTO On Broadest Reasonable Claim Construction Foley & Lardner LLP
May
31
2022
USPTO Open for Some In-Person Business Foley & Lardner LLP
Aug
11
2015
Lumigan Patents Upheld By Unexpected Results Foley & Lardner LLP
Aug
13
2015
Value Of Prophetic Examples re: Lumigan Patent Claims Foley & Lardner LLP
Jul
19
2022
The Latest Patent Developments in China: What Manufacturers Need to Know Foley & Lardner LLP
Aug
19
2015
Lessons Learned From The 1st Successful Pharmaceutical IPR Defense of Orange Book Listed Patents Foley & Lardner LLP
Feb
13
2018
When Does An RCE Stop The PTA Clock? Foley & Lardner LLP
Apr
6
2015
Pizzas And Trademark Infringement re: North Carolina Trademark Registration Act Brooks, Pierce, McLendon, Humphrey & Leonard, LLP
Oct
15
2015
It Can Be A Tough Road For Trade Secrets Plaintiffs In The North Carolina Business Court Brooks, Pierce, McLendon, Humphrey & Leonard, LLP
Aug
7
2018
Trademark Registration of Colors—Only Once in a Blue Moon Stark & Stark
Jun
6
2019
Invasion of the Copyright Trolls: What to Do If You Have Been Sued by Strike 3 Holdings or Malibu Media over Alleged BitTorrent Downloads Stark & Stark
Jun
16
2016
Delay in Bringing Suit Is No Bar to Copyright Infringement Claims Stark & Stark
Jul
7
2020
CBD May Be Legal, but Challenges Still Persist in Obtaining CBD Product Trademark Registration Stark & Stark
Jul
2
2020
Proving Abandonment: How Trademark Rights Can Be Lost Through Non-Use Stark & Stark
Sep
16
2020
Strike 3 Saga: Turning BitTorrent Downloads Into A Copyright Infringement Settlement Machine Part 1 Stark & Stark
Jan
4
2021
The Oscar-Winning Film Shape of Water Must Defend Copyright Infringement Claims From Playwright Stark & Stark
Aug
17
2018
Trademark Registration of Colors—Stay Mellow, Yellow Stark & Stark
Nov
28
2018
Hurdles to Federal Trademark Registration Part 3 – Government Insignia & Surname Stark & Stark
Aug
28
2020
Supreme Court Holds States Cannot Be Sued for Monetary Damages in Copyright Infringement Cases Stark & Stark
Jun
15
2022
Non-Disparagement Clauses in Employment Contracts Still Valid under New Jersey Law Stark & Stark
Mar
11
2019
Protecting Your Brewery, Brew Pub or Distillery’s Trade Secrets, Confidential Information and Customers From Former Employees Stark & Stark
Apr
6
2020
Shades of Green: TTAB Allows Registration of Color Mark Stark & Stark
Aug
8
2017
Voluntary Recall of Duodenoscope Issued Due to Infection Risk Stark & Stark
Jul
28
2015
GlaxoSmithKline Seeks Consolidation of Zofran Lawsuits in Federal Court Stark & Stark
Feb
2
2023
Proprietary Ink: How One Tattoo Artist Took Take-Two to the Mat Over Unauthorized Use of Replica Tattoos on Wrestlers in WWE 2K Games Stark & Stark
Jul
10
2018
Frozen Songwriters Removed from Copyright Infringement Lawsuit Stark & Stark
Oct
18
2023
Jack Daniels v. Bad Spaniels: Parody and First Amendment Protections Do Not Shield Users of Expressive Commercial Source-Identifying Marks From Trademark Infringement Liability Stark & Stark
Apr
16
2020
TTAB Determines Color Drawstrings of Trash Bags Not to be Trademarks Due to Genericness and Functionality Stark & Stark
 

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