November 23, 2020

Volume X, Number 328

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November 23, 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
9
Nov
Brexit and .EU Domain Names– A Warning for UK Registrants  K&L Gates
6
Nov
Federal Circuit Limits Venue for Hatch-Waxman Cases Polsinelli PC
6
Nov
Chinese Patent Bar Exam Postponed in Western China Due to COVID-19 Outbreak Schwegman, Lundberg & Woessner, P.A.
6
Nov
Don't Mess with Ferrari: The Prancing Horse Legal Drama K&L Gates
6
Nov
UK Advertising Regulator Makes First Ever Ruling on Disclosures Required for Commercial Marketing via a TikTok Video K&L Gates
5
Nov
Punching Bag or Counterpuncher Part II: Recouping Your Fees Under the Lanham Act Epstein Becker & Green, P.C.
5
Nov
Tip #3 for Avoiding IPR Institution: Use Disclaimers Strategically Mintz
5
Nov
Air France Restrained From Using Song that Infringes "Love in the Air" K&L Gates
4
Nov
China’s State Administration for Market Regulation Releases Updated Regulations on Prohibiting Abuse of Intellectual Property Rights to Exclude and Restrict Competition Schwegman, Lundberg & Woessner, P.A.
4
Nov
Too Good to Be True? Federal Circuit Demands Evidence of Reliance on Favorable Ruling, Stipulation McDermott Will & Emery
4
Nov
Sticky Situation? Circumstantial Evidence Can Support Intent to Confuse in Trade Dress Claims McDermott Will & Emery
4
Nov
No Stay, But Please Fix McDermott Will & Emery
4
Nov
First-to-File Rule Must Be Followed Unless Compelling Circumstances Justify Exception McDermott Will & Emery
4
Nov
Trademark Cancellation Is Appropriate Sanction for Misconduct McDermott Will & Emery
4
Nov
China’s Operation Blue Sky Patent Attorney Rectification Campaign Bears Fruit Schwegman, Lundberg & Woessner, P.A.
3
Nov
Illinois Supreme Court Allows Remote Jury Selection Polsinelli PC
3
Nov
The Sandbox Dilemma: Massachusetts Votes Womble Bond Dickinson (US) LLP
3
Nov
Messi Scores Goal in Trade Mark Dispute: Registering Celebrity Names as Trade Marks Squire Patton Boggs (US) LLP
2
Nov
Skinny Label Doesn’t Prevent Infringement Liability Foley & Lardner LLP
2
Nov
Freedom of Expression: Use of Humvees in Call of Duty Franchise Games Not Infringement Stark & Stark

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