May 26, 2020

May 26, 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
11
May
New USPTO Pilot Program to Expedite Grant of Small Entity COVID-19 Patents Foley & Lardner LLP
11
May
Landmark Decision in German FRAND Case McDermott Will & Emery
11
May
The Strategic Use of Intellectual Property Within the Aerospace & Defense Industry Womble Bond Dickinson (US) LLP
11
May
COVID-19 Prioritized Examination Pilot Program Squire Patton Boggs (US) LLP
10
May
The Scope of Online Reviews in Litigation Continues to Evolve Cornerstone Research
8
May
COVID-19 Prioritized Examination Pilot Program Now Available for Small and Micro Entities Sheppard, Mullin, Richter & Hampton LLP
8
May
“Booking” a Front Seat at SCOTUS: US Supreme Court Reviews Generic Trademarks in the .com Age Squire Patton Boggs (US) LLP
8
May
USPTO: Artificial Intelligence Systems Cannot Legally Invent McDermott Will & Emery
8
May
Can AI Be Considered an Inventor? USPTO, EPO Say No Faegre Drinker
8
May
Breach of FRAND Implications on ITC Exclusion Orders In View of the Public’s Interest Sheppard, Mullin, Richter & Hampton LLP
7
May
Prying Eyes – Practical Steps for the Protection of Trade Secrets During the Pandemic Squire Patton Boggs (US) LLP
7
May
Color Combination and Design on Product Packaging Can Function as a a Trademark Federal Circuit Says Stark & Stark
7
May
Sixth Circuit Concurrence Fears Courts May Be Groovin’ to the Wrong Tune in Copyright Cases Squire Patton Boggs (US) LLP
7
May
PTAB Time Bar Application in Instituting IPR Proceedings Nonappealable McDermott Will & Emery
7
May
Article III Standing Required to Appeal Final Decisions by the PTAB McDermott Will & Emery
7
May
Federal Circuit Sinks Another Attempt to Use PTO Guidance McDermott Will & Emery
7
May
Assignor Estoppel Does Not Apply to AIA Challenges McDermott Will & Emery
7
May
Prevailing at the PTAB Can Mean Prevailing Party Attorneys’ Fees McDermott Will & Emery
7
May
Patent Term Extension Only Applies to Approved Product McDermott Will & Emery
7
May
PTAB’s Decision Providing Factors for Denying Institution Based on Close Trial Date is Precedential; PTAB De-Designates One-Year Time Bar Decision Mintz

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