Intellectual Property Law

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.

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Recent Intellectual Property, Patent, Trademark & Copyright News

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Jun 3 2012	Five Traps for the Unwary Licensee	Sills Cummis & Gross P.C.
Oct 9 2012	The Federal Circuit Continues to Make Inequitable Conduct More Difficult to Prove	Sills Cummis & Gross P.C.
Nov 13 2012	The Court of Appeals for the Federal Circuit Does Not Dive into the Turbulent Waters of the Supreme Court’s Stream of Commerce Debate	Sills Cummis & Gross P.C.
Mar 13 2013	Updates on Three Important Issues: Family and Medical Leave Act Developments, Arbitration Agreements and Trade Secret Protection	Sills Cummis & Gross P.C.
Aug 28 2012	The Federal Circuit Will Decide if a Damages Trial or Decision on Willfulness Is Required Before a Judgment of Patent Infringement Can Be Appealed	Sills Cummis & Gross P.C.
Oct 24 2011	U.S. Patent Reform in 2011: President Signs the America Invents Act	Much Shelist, P.C.
Sep 21 2011	Q&A for Employers: Understanding the Impact of Illinois' New Civil Union Act	Much Shelist, P.C.
May 31 2009	United States Patent and Trademark Office Publishes New Rules on Patent Applications	Much Shelist, P.C.
Aug 6 2010	What Lies Ahead? Business and Legal Issues in the Coming Decade	Much Shelist, P.C.
Nov 22 2009	Non-Competition Agreements: Despite the Myths, Often a Powerful Method of Protecting Your Business	Much Shelist, P.C.
Nov 10 2011	Social Media Perils: A Primer for Businesses	Much Shelist, P.C.
Mar 18 2020	U.S. Patent and Trademark Office Releases Notice on Effects of Coronavirus	Much Shelist, P.C.
Jun 18 2010	Don't Gamble with Internet Sweepstakes	Much Shelist, P.C.
Aug 26 2010	Patent Precautions: Avoiding Errors in Inventorship	Much Shelist, P.C.
Aug 9 2011	Well-Drafted Patent Claims Foreclose Competition	Much Shelist, P.C.
May 27 2009	Credit Card Companies Are Not Liable for Contributory Copyright Infringement	Clark & Trevithick
May 27 2009	The Financial Consequences of Using Unlicensed Software	Clark & Trevithick
Jun 30 2009	Ninth Circuit Rules on Copyright Act -- Attorney's Fees	Clark & Trevithick
Jul 7 2009	Summary of Digital Legislation Affecting Colorado	Fairfield and Woods P.C.
Jul 24 2009	Is Your Intellectual Property (IP) ‘Insured’? 10 Tips to Protecting Your IP Investment	Fairfield and Woods P.C.
Dec 10 2023	Federal Circuit Vacates PTAB’s Decision Based on an Overly Narrow Claim Construction	Sheppard, Mullin, Richter & Hampton LLP
Jan 22 2024	The Importance of Reasonable Particularity in a Doctrine of Equivalents Argument	Sheppard, Mullin, Richter & Hampton LLP
Feb 26 2024	Federal Circuit Concluded that Operating Manuals Subject to Confidentiality Restrictions are Prior Art Printed Publication	Sheppard, Mullin, Richter & Hampton LLP
Apr 7 2020	AIPLA’s Updated Model Patent Jury Instructions Address “Clear and Convincing” Standard of Proof & Streamline Case Citations	Sheppard, Mullin, Richter & Hampton LLP
Jul 7 2014	Laches, Statutes of Limitations and Raging Bull: The Supreme Court Re-Emphasizes The Pitfalls of Delay In Copyright Cases	Sheppard, Mullin, Richter & Hampton LLP
May 5 2020	Fortnite Streamer Ewok Pens Sponsorship Deal with HyperX	Sheppard, Mullin, Richter & Hampton LLP
Nov 24 2016	Proposed “Patent Agent Privilege” Promises Protection For Patent Practitioners And Clients	Sheppard, Mullin, Richter & Hampton LLP
Jun 9 2020	The PTAB’s Ground-Breaking Decision in Apple v. Fintiv Promises to Make IPR Institutions More Challenging	Sheppard, Mullin, Richter & Hampton LLP

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