January 16, 2019

Intellectual Property, Patent, Trademark and Copyright Law News

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 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.

Date Title Organization
2
Jan
Written Description in Amgen v. Sanofi: Is the Federal Circuit Possessed? Will SCOTUS Grant Certiorari? Mintz
2
Jan
Double Check Your Filings, A Cautionary Tale at the PTAB Mintz
2
Jan
Paying “Large Entity” U.S. Patent Office Fees as an Insurance Policy Squire Patton Boggs (US) LLP
31
Dec
Top Ten List of Patent News Stories in 2018 Schwegman, Lundberg & Woessner, P.A.
31
Dec
USTR Announces Annual Special 301 Review Drinker Biddle & Reath LLP
24
Dec
Attempts to Hide Settlement Leads to Sanctions and No Award of Attorneys’ Fees McDermott Will & Emery
23
Dec
Declaratory Judgment Action for Copyright Infringement Can Proceed Even If Defendant Doesn’t Own Registration McDermott Will & Emery
23
Dec
Read the Signs: No Prevailing Party when Case Dismissed Without Prejudice McDermott Will & Emery
22
Dec
TTAB Mi-STEAK-enly Evaluated Evidence in Determining No Likelihood of Confusion McDermott Will & Emery
21
Dec
Ex Parte Proceedings Without Defendant Involvement Violate German Constitutional Law McDermott Will & Emery
21
Dec
Sturgis Motorcycle Rally: A Long and Bumpy Ride McDermott Will & Emery
21
Dec
Surname or Suds? SCHLAFLY Mark Has Acquired Distinctiveness McDermott Will & Emery
21
Dec
Defendants in Vineyard Vines Trademark Dispute Hit with Liquidated Damages and Attorneys’ Fees Proskauer Rose LLP
21
Dec
No Penalty: Fantasy Football Does Not Violate Players’ Right of Publicity McDermott Will & Emery
21
Dec
Second Circuit Joins Majority in Applying Octane Fitness to Lanham Act McDermott Will & Emery
21
Dec
Final Written Decision Estops Petitioner from Challenging Claims on Different Grounds McDermott Will & Emery
21
Dec
Whose Party Is This Anyway? PTAB Panel Refuses Joinder for Follow-On Petition McDermott Will & Emery
21
Dec
$15 Million False Ad Verdict Boosts Damages In Probiotic IP Dispute Proskauer Rose LLP
21
Dec
ITC May Reassess Civil Penalty Even If Asserted Claims Are Later Invalidated McDermott Will & Emery
21
Dec
Declaratory Judgment Action Tabled for Lack of Personal Jurisdiction McDermott Will & Emery

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