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

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Oct
10
2012
Gunning for the Supreme Court: A "Substantial" Case "Arising" from Texas That Means More Than You Think! Bracewell LLP
Oct
10
2012
Stream of Commerce Contacts Insufficient to Maintain Personal Jurisdiction McDermott Will & Emery
Oct
9
2012
Patentability of Obvious Variants of Derived Knowledge Under the AIA Schwegman, Lundberg & Woessner, P.A.
Oct
9
2012
The Federal Circuit Continues to Make Inequitable Conduct More Difficult to Prove Sills Cummis & Gross P.C.
Oct
9
2012
Trademark Protects “Color of Passion” Used on Soles of Women’s High-Fashion Designer Footwear, Except if Shoe Itself Is Red McDermott Will & Emery
Oct
9
2012
Broadening Reissue Cannot Be Used to Remove Claimed Features Relied Upon in Prosecution Arguments McDermott Will & Emery
Oct
8
2012
Supreme Court to Review Monsanto v. Bowman Schwegman, Lundberg & Woessner, P.A.
Oct
8
2012
Total Investments in Entire Licensing Program Cannot Establish Domestic Industry Absent Evidence Establishing Portion of Investments that Have a Nexus to Asserted Patents McDermott Will & Emery
Oct
8
2012
Retail Did You Know? Court of Appeals Expands Inducement for Patent Infringeme​nt Morgan, Lewis & Bockius LLP
Oct
8
2012
Implicit Jury Findings Are Binding McDermott Will & Emery
Oct
8
2012
IP: A boon for patent trolls Neal, Gerber & Eisenberg LLP
Oct
7
2012
USPTO Releases Final Rules for Declarations and Derivation Procedures and Proposed Fee Schedule McDermott Will & Emery
Oct
7
2012
Copyright Protection for Architect’s Expression McDermott Will & Emery
Oct
5
2012
IP: Phase 2 implementation of the America Invents Act provides new “patent attack” tools Neal, Gerber & Eisenberg LLP
Oct
5
2012
IP Law: The who, what, and how of indemnification provisions Neal, Gerber & Eisenberg LLP
Oct
5
2012
Court Must Consider Patent Owner’s Remedies in Terms of Future Infringements McDermott Will & Emery
Oct
5
2012
A Casebook Example of Evidentiary Rulings that Cause “Wasteful Litigation” McDermott Will & Emery
Oct
4
2012
Service Mark Cancelled Because Services Listed in the Registration Were Not “Good in Trade” McDermott Will & Emery
Oct
3
2012
Plants Found in the Wild Are Not Patentable McDermott Will & Emery
Oct
3
2012
FERC Forms New Office to Focus on Cybersecurity Morgan, Lewis & Bockius LLP
Oct
3
2012
What Doesn’t Kill Me, Makes Me Stronger—Surviving Allegations of Copyright Infringement McDermott Will & Emery
Oct
3
2012
Web-Linking Is Not Necessarily Copying McDermott Will & Emery
Oct
3
2012
Update: S. 3523 Passes U.S. Senate Judiciary Committee Mintz
Oct
3
2012
Prometheus Redux: Patentability of Isolated DNA Sequences Are Patentable Subject Matter McDermott Will & Emery
Oct
2
2012
Gossip Mag’s “Fair Use” Claim in Publishing a Celebrity’s Wedding Photos Rejected McDermott Will & Emery
Oct
2
2012
Holy Infringement!—Noncommercial Infringement Is Not Fair Use McDermott Will & Emery
Oct
2
2012
§ 301(a) of Copyright Act Creates Complete Preemption McDermott Will & Emery
Oct
1
2012
Trademarks And Bankruptcy: Seventh Circuit Provides Lifeline For Trademark Licensees Confronting Licensor Bankruptcy Sills Cummis & Gross P.C.
 

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