March 20, 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
5
Mar
Supreme Court Clarifies That, Yes, You Have to Register Your Copyright, and No, You Cannot Recover Your Expert Witness Fees in Copyright Cases Squire Patton Boggs (US) LLP
4
Mar
Supreme Court Clarifies Copyright Law: “Application” v. “Registration” Finally Resolved Womble Bond Dickinson (US) LLP
4
Mar
Supreme Court Clarifies Cost Awards in Copyright Suits Brinks Gilson & Lione
4
Mar
The Tall Tale of the Domestic Industry Mintz
4
Mar
Federal Circuit’s Decision in University of Florida Research Foundation v. General Electric Raises Questions with Subject Matter Eligibility Guidance Foley & Lardner LLP
4
Mar
USPTO Patent Eligibility Training on 2019 Revised Subject Matter Guidance Foley & Lardner LLP
3
Mar
US: Helpful Guidance from Judge Bryson Regarding Stays Pending IPR K&L Gates
3
Mar
The EU’s New Copyright Directive – an update Squire Patton Boggs (US) LLP
1
Mar
Northern District of California Holds That Patent Suit Against Only Foreign Entities Is Permissible Even Where Inclusion of Domestic Entities Would Alter Venue Analysis Mintz
28
Feb
Although Dismissal Sanction was Abuse, Complaint Fails on Nominative Fair Use McDermott Will & Emery
28
Feb
Fifth Circuit Schools Plaintiff on Likelihood of Confusion McDermott Will & Emery
28
Feb
TTAB Must Consider all Relevant DuPont Factors McDermott Will & Emery
28
Feb
Trademark Owner's Fate Sealed Tight After Finding of Fraud on PTO McDermott Will & Emery
28
Feb
Post-SAS: PTAB is Obligated to Hear Non-Instituted Grounds McDermott Will & Emery
28
Feb
Not So Fast! Order Limiting Damages Does Not Create Appealable Final Judgment McDermott Will & Emery
28
Feb
Licensor's Non-Material Breach Doesn't Excuse Royalties Non-Payment McDermott Will & Emery
28
Feb
ANDA Applicant has Standing to Appeal IPR Decision, Even with Only Paragraph III Certification McDermott Will & Emery
28
Feb
The Wild, Wild WesternGeco: Reasonable Royalties and Lost Profits McDermott Will & Emery
28
Feb
Federal Circuit Signals Deference to Inventors in Determining Readiness for Patenting, Experimental Use McDermott Will & Emery
28
Feb
“Equal To" Means "Not Exceed" When Determining Patent Term Adjustment McDermott Will & Emery

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