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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Aug
16
2016
Artist Sued for Denying He Created Art Piece - I Swear It’s Not Mine Sheppard, Mullin, Richter & Hampton LLP
Apr
29
2020
Recent Case Law May Open New Celebrity Dance Suits Against Game Publishers Sheppard, Mullin, Richter & Hampton LLP
Feb
6
2015
Court of Appeals for the Federal Circuit Sides With PTAB in Inter Partes Review Appeal Sheppard, Mullin, Richter & Hampton LLP
Sep
15
2009
UMG v. Augusto: Allowing the Sale of Promotional CDs Under the First Sale Doctrine Could Affect Much More than the Music Industry Sheppard, Mullin, Richter & Hampton LLP
Feb
26
2010
The Southern District Of New York Sends A Clear Message To Retailers Selling Counterfeits That Failing To Exercise Due Diligence In Purchasing Products After An Injunction May Result In Trebled Damages Of Millions Of Dollars Sheppard, Mullin, Richter & Hampton LLP
Jul
1
2010
Sometimes "Compare To" Packaging Means Just What it Says Sheppard, Mullin, Richter & Hampton LLP
May
17
2015
Venture Capitalists Running Scared – HBO's Hooli Suing Pied Piper Sheppard, Mullin, Richter & Hampton LLP
Jun
1
2015
Summary of Recent Precedential Trademark Trial and Appeal Board Decisions Sheppard, Mullin, Richter & Hampton LLP
Jun
3
2015
Federal Trade Commission Continues March “to Set a Standard for the Industry” with Cephalon Settlement Sheppard, Mullin, Richter & Hampton LLP
Mar
23
2022
Provisions on Administration of Algorithmic Recommendation Took Effect on March 1 Sheppard, Mullin, Richter & Hampton LLP
Jun
4
2022
Mythical Games Scores NFL License for Blockchain Video Game Sheppard, Mullin, Richter & Hampton LLP
Dec
26
2017
Cesari S.R.L. v. Peju Province Winery L.P.: Relying on Supreme Court Precedent, District Court Holds that Trademark Trial & Appeal Board Finding of Likelihood of Confusion has Preclusive Effect Sheppard, Mullin, Richter & Hampton LLP
Sep
15
2015
Summary of Recent Precedential Trademark Trial and Appeal Board Decisions – June 2015 Sheppard, Mullin, Richter & Hampton LLP
Jan
19
2023
Potential Sanctions for Alleged Intellectual Property Theft on the Horizon? Sheppard, Mullin, Richter & Hampton LLP
Mar
8
2023
Takeaways from the Hermès Litigation over MetaBirkins NFTs Sheppard, Mullin, Richter & Hampton LLP
Apr
7
2023
Divided Federal Circuit Makes Controversial Ruling That Nonliteral Elements of “Cloned” Software Are Not Protectable Because It Was Based on Open Source and Other Known Material Sheppard, Mullin, Richter & Hampton LLP
Apr
13
2023
Celebrity “Faces Off” Against Deep Fake AI App Over Right of Publicity Sheppard, Mullin, Richter & Hampton LLP
Apr
30
2013
Appropriate Appropriation: Second Circuit Holds That Commentary on Original Work Unnecessary for Fair Use Defense, Only Transformative Quality Required Sheppard, Mullin, Richter & Hampton LLP
Jan
19
2016
Extending Patentable Life of 3D Printers: Lesson From Pharmaceutical Industry Sheppard, Mullin, Richter & Hampton LLP
Jul
25
2023
PTAB Makes Significant Changes to Director Review Process Sheppard, Mullin, Richter & Hampton LLP
Apr
22
2019
Returning to the Status Quo? – Proposed Outline for Section 101 Reform Sheppard, Mullin, Richter & Hampton LLP
Nov
17
2023
USPTO Guidance on Design Patents Including a Computer-Generated Electronic Image Sheppard, Mullin, Richter & Hampton LLP
Dec
14
2023
PTAB’s Decision of a Singular-Only Construction of the Term “The Sample Stream” Reversed Sheppard, Mullin, Richter & Hampton LLP
Apr
11
2014
French Court Supports Freedom of Authentication: A Win for Art Experts Sheppard, Mullin, Richter & Hampton LLP
Sep
23
2016
Virtual Porn – Real Patent Lawsuit Sheppard, Mullin, Richter & Hampton LLP
Nov
15
2016
Don’t Lose Your Digital Millennium Copyright Act Safe Harbor Protection! Sheppard, Mullin, Richter & Hampton LLP
Feb
15
2017
You’re So Vague: Federal Circuit Sends IPR Decision Back to PTAB for More Thorough Analysis Sheppard, Mullin, Richter & Hampton LLP
Dec
21
2020
Ninth Circuit Applies the “Continued Use” Doctrine to the Defend Trade Secrets Act Claims Sheppard, Mullin, Richter & Hampton LLP
 

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