December 2, 2020

Volume X, Number 337

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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
29
Oct
2020 Brings (Some) Clarity to Trademark Profit Awards Faegre Drinker
29
Oct
A Clear Need: To Allege Misappropriation, Identify Trade Secret McDermott Will & Emery
29
Oct
PTO Seeks Comments on Proposed Rulemaking for Denying Patent Reviews McDermott Will & Emery
29
Oct
U.S. Trademark Office Issues Guide on How It Will Apply the Supreme Court’s Booking.com Decision to Examination of Relevant Applications Mintz
29
Oct
Size Matters in Obviousness Analysis McDermott Will & Emery
29
Oct
Hallmark Win in Greeting Card Trademark Dispute: Court Finds Unauthorized Sale of Cards Meant for Destruction Infringing Proskauer Rose LLP
29
Oct
Cookie Trade Dress Infringement Case Crumbles in Face of Functionality Challenge McDermott Will & Emery
29
Oct
Tip #1 for Avoiding IPR Institution: Litigation Venue Selection Mintz
29
Oct
Contents of the Chinese Patent Bar Exam Schwegman, Lundberg & Woessner, P.A.
28
Oct
Putting Position Marks front and Centre: CJEU Considers Assessment of Position Marks for Services K&L Gates
27
Oct
Patent Infringement Pleading Standards Remain Unsettled Five Years After the Abrogation of Form 18 – Part 1: Inconsistent Federal Circuit Guidance Sheppard, Mullin, Richter & Hampton LLP
27
Oct
Procuring U.S. Patents without a Signed Assignment of Patent Rights Mintz
27
Oct
Avoiding IPR Institution: Your Best Defense to an IPR Challenge Mintz
26
Oct
Supreme Court to Weigh in on Constitutionality of Patent and Trial Appeal Board Appointments Proskauer Rose LLP
26
Oct
The Art of An SEP War: A Chinese IP Court’s Recent Use of Anti-Suit Injunction Invites A Battle that It Likely Won’t Win Mintz
26
Oct
Breaking stride? Elite running shoes back in the spotlight Squire Patton Boggs (US) LLP
25
Oct
China Releases Q3 2020 Patent Application Filing Data Schwegman, Lundberg & Woessner, P.A.
22
Oct
PTAB Discretion to Institute Trials: PTO Seeks Comments Whether to Propose Rules Foley & Lardner LLP
22
Oct
Only Human: Broadest Reasonable Interpretation Standard Applies to Intentionally Expired Patent McDermott Will & Emery
22
Oct
Define Frustration: Appealing from Decision in Suit Against Co-Owner’s Wholly Owned Subsidiary with Major Issues Still Undecided McDermott Will & Emery

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