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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Sep
16
2010
ITAR License Exemption Amended To Allow Hand-Carrying Of Technical Data Outside The United States Sheppard, Mullin, Richter & Hampton LLP
Apr
11
2011
Protecting Trade Secrets In A Post-WikiLeaks World Sheppard, Mullin, Richter & Hampton LLP
Jul
27
2022
Too Many Bites at the Apple? Sheppard, Mullin, Richter & Hampton LLP
Oct
4
2022
The District of Columbia Revises Ban on Non-Competes Sheppard, Mullin, Richter & Hampton LLP
Feb
1
2023
“Not My Work”: When Artists Dispute Authorship Sheppard, Mullin, Richter & Hampton LLP
Aug
1
2023
Valve Rejects Games with AI Assets Over Copyright Concerns Sheppard, Mullin, Richter & Hampton LLP
Apr
11
2019
Caution to Game Companies: PTAB Continues to Preclude PTAB Challenges That It Views As Untimely Sheppard, Mullin, Richter & Hampton LLP
Jun
27
2013
Defense of Marriage Act (DOMA) Goes Down - Copyright Goes Up - U.S. v. Windsor, Supreme Court, No. 12-307, Decided June 26, 2013 Sheppard, Mullin, Richter & Hampton LLP
May
6
2019
Framing Your Pitch: A Lesson from the TTI v. IBG Cases Sheppard, Mullin, Richter & Hampton LLP
Aug
7
2013
Beijing Higher People's Court Clarifies Usage of Consent Letters to Overcome Trademark Rejections in the People's Republic of China (PRC) Sheppard, Mullin, Richter & Hampton LLP
Nov
21
2023
Necessity Is the Mother of Invention – But New York Law Says Employers Better Not Take the Credit Sheppard, Mullin, Richter & Hampton LLP
Dec
7
2023
Getty Image’s AI Model Training Lawsuit in UK Against Stability to Proceed Sheppard, Mullin, Richter & Hampton LLP
Dec
15
2023
Axonics v. Medtronic Sheppard, Mullin, Richter & Hampton LLP
Jan
2
2024
The Intertwining Nature of Motivation to Combine and Reasonable Expectation of Success Sheppard, Mullin, Richter & Hampton LLP
Dec
31
2013
A Short-Lived Victory for Generic Manufacturers? – Part 2 Sheppard, Mullin, Richter & Hampton LLP
May
25
2016
Federal Circuit Finds Software-Related Claims Patent Eligible in Enfish v. Microsoft Corp. Sheppard, Mullin, Richter & Hampton LLP
Jul
7
2020
Supreme Court sides with booking.com – generic.com trademarks not necessarily generic Sheppard, Mullin, Richter & Hampton LLP
Oct
14
2016
Proposed New FDA Labeling Rules Would Result in Increased Generic Drug Product Liability Claims Sheppard, Mullin, Richter & Hampton LLP
Feb
12
2021
A “Culture Of Concealment” – Scrutinizing Overbroad NDAs Sheppard, Mullin, Richter & Hampton LLP
Mar
27
2017
Who’s Got the Spirit?! Supreme Court Decides Star Athletic v. Varsity Brands; New Two-Part Test Seeks to Clear Up “Mess” But Questions Still Remain About Subjective Nature of Separability Analysis Sheppard, Mullin, Richter & Hampton LLP
Dec
16
2014
Sandoz and Celltrion Decline the Invitation to Dance: Biosimilars Challenge the Applicability of the BPCIA’s Exchange Provisions Before Bringing Suit Sheppard, Mullin, Richter & Hampton LLP
Jun
28
2021
Striking the Balance Between Detailed Description and Unnecessary Disclosure of the “Secret” in Trade Secret Litigation Pleadings Sheppard, Mullin, Richter & Hampton LLP
Mar
31
2011
Expanded Standing, or "Back to Basics"? Flash Memory Direct Purchasers Found to Have Standing to Assert Walker Process Claims 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
May
22
2018
Recent Blockchain Patents of Note : May 22, 2018 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
Jan
25
2013
Thin Copyrights - Protected But Not Infringed Sheppard, Mullin, Richter & Hampton LLP
Aug
2
2023
In re Couvaras, No. 2022-1489 (Fed. Cir. June 14, 2023) Sheppard, Mullin, Richter & Hampton LLP
 

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