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
30
2021
Trade Secret vs. Patent – a False Dichotomy Sheppard, Mullin, Richter & Hampton LLP
Aug
28
2009
Brave New Web: Trademark Rights in the Expanding Internet Sheppard, Mullin, Richter & Hampton LLP
Dec
9
2010
Adjusting the Inequitable Conduct Doctrine: Federal Circuit Hears Oral Arguments En Banc in Therasense Sheppard, Mullin, Richter & Hampton LLP
Nov
19
2021
New York State Employers to Require Transparency in Electronic Monitoring Sheppard, Mullin, Richter & Hampton LLP
Sep
14
2017
Video Game Network Patent Found to Be Patent Eligible – Not an Abstract Idea Sheppard, Mullin, Richter & Hampton LLP
Oct
5
2022
Takeaways From the U.S. Patent and Trademark Office’s Artificial Intelligence and Emerging Technologies Partnership Series – Part Two of Three Sheppard, Mullin, Richter & Hampton LLP
Jan
17
2013
In a Rarely-Seen Joint-Effort in the Competition Arena, the DOJ and the USPTO Unite in Issuing a Policy Statement on Remedies Involving Standard Essential Patents Sheppard, Mullin, Richter & Hampton LLP
May
22
2018
Recent Blockchain Patents of Note : May 22, 2018 Sheppard, Mullin, Richter & Hampton LLP
Jan
25
2013
Thin Copyrights - Protected But Not Infringed Sheppard, Mullin, Richter & Hampton LLP
Jul
15
2013
The Architecture of Copyright Sheppard, Mullin, Richter & Hampton LLP
Aug
2
2023
In re Couvaras, No. 2022-1489 (Fed. Cir. June 14, 2023) Sheppard, Mullin, Richter & Hampton LLP
Nov
18
2013
No Avoiding BPCIA (Biologics Price Competition and Innovation Act) For Biosimilars: No Patent Declaratory Judgment Action Before Biosimilars Application Is Filed Sheppard, Mullin, Richter & Hampton LLP
Dec
15
2023
Petitioner Failed to Establish Standing in IPR Appeal Sheppard, Mullin, Richter & Hampton LLP
Jul
17
2019
Don’t Spill Your Trade Secrets: Protecting Your Competitive Advantage in the Food and Beverage Industry (Part 1 of 2) Sheppard, Mullin, Richter & Hampton LLP
Jan
18
2024
Federal Circuit Affirms Skinny Label Carve Outs Sheppard, Mullin, Richter & Hampton LLP
Aug
26
2019
“Addressing Video Game Claims Under the Phillips Standard at the PTAB” Sheppard, Mullin, Richter & Hampton LLP
Feb
8
2014
Bitcoins and Liability in the Wake of Recent Silk Road Arrests Sheppard, Mullin, Richter & Hampton LLP
May
7
2024
George Carlin Was Funny – Copying His Likeness AIn’t – Estate Settles AI-based Copyright Claims Sheppard, Mullin, Richter & Hampton LLP
Mar
24
2020
Limited Relief for Patent and Trademark Applicants Affected by COVID-19 Sheppard, Mullin, Richter & Hampton LLP
Mar
25
2020
Intellectual Property Outlook: Cases and Trends to Follow in 2020 — PART 4 Sheppard, Mullin, Richter & Hampton LLP
Apr
2
2020
USPTO Permitting Patent Applicants to Extend Certain Deadlines Due to COVID-19 Sheppard, Mullin, Richter & Hampton LLP
Jun
27
2014
USPTO Issues Preliminary Examination Instructions in Light of Alice Corp. - U.S. Patent And Trademark Office Sheppard, Mullin, Richter & Hampton LLP
Oct
10
2016
Supreme Court and the Lanham Act: Lee v Tam Sheppard, Mullin, Richter & Hampton LLP
Jan
25
2017
Suing The United States Government For Patent Infringement And Defending Against A Claim Of Obviousness Sheppard, Mullin, Richter & Hampton LLP
Sep
22
2020
Fifth Circuit Affirms Attorney’s Fee Award of $2.3 million in Misappropriation Case Against Former Employee who Failed to Comply with Court’s Objections Order Sheppard, Mullin, Richter & Hampton LLP
Feb
10
2021
Federal Circuit Agrees to Reconsider Ruling in GSK v. Teva Drug Patent Case Sheppard, Mullin, Richter & Hampton LLP
Mar
16
2021
Diminution in Value As A Measure of Damages for Trade Secret Misappropriation Sheppard, Mullin, Richter & Hampton LLP
Jan
26
2015
Teva v. Sandoz (USSC) – Standard for Appellate Review of Claim Construction Rulings Sheppard, Mullin, Richter & Hampton LLP
 

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