August 8, 2020

Volume X, Number 221

August 07, 2020

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August 06, 2020

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August 05, 2020

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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
18
May
Recently Designated Precedential PTAB Decision Confirms Objective Indicia of Nonobviousness Can Rescue Patents from Invalidation at the PTAB Mintz
18
May
Informative Whirlpool Decision Reaffirms Importance of Secondary Considerations Mintz
18
May
Attorney Fees Denied by Federal Circuit Where Case Was Voluntarily Dismissed Without Prejudice Mintz
18
May
It’s Time to Get Colorful: Federal Circuit Holds That Some Color Marks Can Be Inherently Distinctive Mintz
18
May
Strategic Considerations for Obtaining a Foreign Filing License in China Mintz
18
May
Federal Circuit Finds IPRs Can Circumvent Assignor Estoppel Mintz
18
May
Supreme Court Decides Lucky Brand Dungarees, Inc. v. Marcel Fashion Group, Inc. Faegre Drinker
18
May
LEAP into Practice Before the PTAB Squire Patton Boggs (US) LLP
17
May
China Releases the “Plan for Further Implementation of the National Intellectual Property Strategy to Accelerate the Construction of an Intellectual Property Power Country by 2020” Schwegman, Lundberg & Woessner, P.A.
15
May
Defense in Trademark Action Not Precluded by Failure to Raise Same Defense in Earlier Action Mintz
15
May
Federal Circuit Upholds Application of Dedication-Disclosure Doctrine at the Pleading Stage Mintz
15
May
Coronavirus Disrupts Industry Meetings but Innovation Continues Squire Patton Boggs (US) LLP
15
May
COVID-19: Prioritized Patent Application Examination and Patents 4 Partnerships Mintz
14
May
China Launches “Iron Fist” Intellectual Property Law Enforcement Plan for 2020 Schwegman, Lundberg & Woessner, P.A.
14
May
For Your Information, Eighth Circuit Upholds Copyright Protection for Database Compilation McDermott Will & Emery
14
May
Trade Secret Misappropriators Fail to Launch in Rocket Facility McDermott Will & Emery
14
May
The “Plotting” Thickens: Claims that Solve Known Problem with Known Methods Are Obvious McDermott Will & Emery
14
May
Bad Conduct During Litigation Means Attorneys’ Fees Against the Government, Regardless of Damage Amount McDermott Will & Emery
14
May
“Non-Limiting” Prior Art Claims Support Obviousness After Standing Is Established McDermott Will & Emery
14
May
Focusing on Functionality, Software Claims Found Patent Eligible McDermott Will & Emery

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