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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Oct
17
2023
United Cannabis Corporation v. Pure Hemp Collective Inc. Sheppard, Mullin, Richter & Hampton LLP
Oct
24
2023
In Re: Cellect, LLC No. 2022-1293 (Fed. Cir. Aug. 28, 2023) Sheppard, Mullin, Richter & Hampton LLP
Dec
18
2023
Federal Circuit Vacates Invalidity Judgement Based on Collateral Estoppel from a Case Subsequently Vacated and Rebukes Plaintiff’s About-Face on Its Stipulated Claim Construction Sheppard, Mullin, Richter & Hampton LLP
Dec
21
2023
Anticipation and Obviousness in Patent Law: An Analysis of Recent IPR Decisions Sheppard, Mullin, Richter & Hampton LLP
Dec
31
2013
A Short-Lived Victory for Generic Manufacturers? – Part 2 Sheppard, Mullin, Richter & Hampton LLP
Feb
14
2024
Federal Circuit Rules on Inventor-as-Lexicographer Definitions and the Proper Scope of Reply and Sur-Reply Briefing Following Patent Owner Responses to IPR Institution Decisions Sheppard, Mullin, Richter & Hampton LLP
Dec
6
2019
Left Empty Handed: Value Shut Down on Written Prior Art, Highlighting Importance of System Art 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
Jan
7
2020
Artificial Intelligence (AI) Patents – Will the Patent Office Change the Rules? Sheppard, Mullin, Richter & Hampton LLP
May
10
2024
How to Recover Attorneys’ Fees in a Schedule A Trademark Case in the Northern District of Illinois Sheppard, Mullin, Richter & Hampton LLP
Mar
25
2020
COVID-19 and Trade Secrets: Is Your Business Prepared to Protect its Trade Secrets While Your Employees Work From Home? Sheppard, Mullin, Richter & Hampton LLP
Apr
9
2020
4 Steps to More Effectively Use NDAs to Protect Confidential Information Sheppard, Mullin, Richter & Hampton LLP
Apr
16
2020
Delaware 101 Pleading Analysis Leaves Parties Guessing and Prosecutors Moving to Adapt 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
Aug
14
2020
Ixchel v. Biogen: California B2B Noncompetes Do Not Per Se Violate B&P Section 16600, and Are Instead Subject to Rule of Reason 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
Jan
5
2021
California Court Strikes Down Overbroad Confidentiality Agreement as a de facto Non-Compete Sheppard, Mullin, Richter & Hampton LLP
Mar
3
2021
Blockchain Patentability Through The Lens Of A Recent PTAB Decision 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
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
25
2017
Deadline Approaching: Action Required by December 31 To Avoid Losing DMCA Safe Harbor Protection Sheppard, Mullin, Richter & Hampton LLP
Mar
27
2018
UPDATE: The Federal Defend Trade Secrets Act vs. The California Uniform Trade Secrets Act 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
Feb
28
2023
French Insider Episode 20: Growing Your Business in America: The Story of Qobuz and Its Growth in Music Streaming with Dan Mackta [PODCAST] Sheppard, Mullin, Richter & Hampton LLP
Jan
25
2013
Thin Copyrights - Protected But Not Infringed Sheppard, Mullin, Richter & Hampton LLP
Apr
19
2023
Design Patent Protection for Computer Generated Icons and Graphical User Interfaces Sheppard, Mullin, Richter & Hampton LLP
Jun
22
2023
Congress Proposes National Commission to Create AI Guardrails Sheppard, Mullin, Richter & Hampton LLP
Jun
28
2023
How Quickly are Judge Albright Patent Cases Going to Trial? Sheppard, Mullin, Richter & Hampton LLP
 

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