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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Nov
3
2015
Wertheim, Dynamic Drinkware And The America Invents Act Foley & Lardner LLP
Nov
17
2015
“Better, Faster, Stronger” - Identifying and Protecting your Competitive Differentiators Foley & Lardner LLP
Oct
2
2018
Blocking Patent Discounts Objective Indicia Of Non-Obviousness Foley & Lardner LLP
Dec
10
2018
Federal Circuit Protects Novartis Gilenya Patent From Obviousness-Type Double Patenting Foley & Lardner LLP
Jan
22
2019
A Fresh Look At The Lead Compound Analysis Foley & Lardner LLP
Jul
14
2023
A Mid-Year Analysis of AI Foley & Lardner LLP
Aug
24
2023
Building Distinction in Architectural Trade Dress Foley & Lardner LLP
Mar
26
2019
Federal Circuit Upholds Method Of Treatment Claims Under Vanda And Distinguishes Mayo Foley & Lardner LLP
Feb
18
2016
Federal Circuit Sanctions PTO’s Authority To Institute IPR On A Claim-By-Claim Basis in Synopsis v. Mentor Graphics Foley & Lardner LLP
May
7
2019
Will The Biologic Patent Transparency Act Shrink The Biosimilar Patent Dance Floor? Foley & Lardner LLP
Apr
26
2016
Will Celsis Appeal Put End To 101 Rejections Of Laboratory Method Claims? Foley & Lardner LLP
Feb
19
2024
Which Significant USPTO Fee Increases Might We See in 2025? Foley & Lardner LLP
Feb
3
2020
PTAB Strict on Motivation Evidence for Obviousness Foley & Lardner LLP
Jun
27
2016
Will Supreme Court Clarify Sequenom's Patent-Eligibility? Foley & Lardner LLP
Jun
30
2020
Federal Circuit Focuses On Active Ingredient, Not Active Moiety, For Scope Of Patent Term Extension Foley & Lardner LLP
Aug
11
2020
Federal Circuit Finds Significant Contributions For Co-Inventorship Foley & Lardner LLP
May
2
2017
How Will The Supreme Court Choreograph The Biosimilar Patent Dance? Foley & Lardner LLP
May
11
2017
Is Real IPR Institution Rate Higher When Petitioner Errors & Pre-Institution Settlements Are Considered? Foley & Lardner LLP
May
22
2017
Federal Circuit’s Primer on Equivalence Infringement of Chemical Process Patents Foley & Lardner LLP
May
31
2017
Supreme Court Holds First Authorized Domestic or International Sale Exhausts U.S. Patent Rights Foley & Lardner LLP
Jun
29
2021
Amendment to China Patent Law Offer PTA, PTE and Patent Linkage Foley & Lardner LLP
Mar
26
2015
Patent Term Adjustment In The Post-RCE Period -- Request for Continued Examination Foley & Lardner LLP
Mar
31
2015
No Collateral Challenge Of Patent Application Revival Foley & Lardner LLP
Apr
23
2015
Amicus Briefs On Biosimilar Patent Litigation Foley & Lardner LLP
Mar
2
2022
SCOTUS Rules That Faulty Copyright Registrations Based on Mistakes of Law Do Not Invalidate Registrations or Prevent Enforcement Actions Foley & Lardner LLP
Sep
26
2017
USPTO Finds SureGene Personalized Medicine Treatment Unpatentable Under Mayo Foley & Lardner LLP
Jun
9
2015
Federal Circuit Finds Nunc Pro Tunc Agreement Does Not Confer Standing Foley & Lardner LLP
May
7
2022
IPR Jeopardy: Estoppel Pitfalls for Multiple Concurrently Filed Petitions Foley & Lardner LLP
 

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