Intellectual Property Law

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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.

National Law Review Intellectual Property/Patent Law TwitterFor hourly updates on the latest news about Intellectual Property Law, IP Litigation, Patent Legislation, and more, be sure to follow our IP Law Twitter feed, and sign up for complimentary e-news bulletins.

Recent Intellectual Property, Patent, Trademark & Copyright News

Title
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Jan
22
2024
Identifying Protocols by Name May Disclose Sufficient Structure for Computer-Implemented Means-Plus-Function Limitations Sheppard, Mullin, Richter & Hampton LLP
Aug
29
2019
Italian Film Composer “Scores” for Authors Sheppard, Mullin, Richter & Hampton LLP
Apr
23
2014
Microsoft-Nokia: China’s MOFCOM (Ministry of Commerce) Quietly Slips Into the Debate about Injunctive Relief for FRAND (Fair, Reasonable and Nondiscriminatory)-Encumbered SEPs (Standard Essential Patents) Sheppard, Mullin, Richter & Hampton LLP
Mar
19
2024
Mind Your Audience: Disclosure of Confidential Information to AI Programs Can Give Rise to Trade Secret Misappropriation Claims Sheppard, Mullin, Richter & Hampton LLP
Apr
3
2024
FTC’s Campaign Against Improper Orange Book Listings Continues with Amicus Brief in Teva’s Challenge of Amneal Asthma Inhaler ANDA Sheppard, Mullin, Richter & Hampton LLP
Aug
12
2016
Compilation of Public Data Can be Trade Secret Sheppard, Mullin, Richter & Hampton LLP
Mar
5
2020
Intellectual Property Outlook: Cases and Trends to Follow in 2020 — PART 3 Sheppard, Mullin, Richter & Hampton LLP
Jul
16
2014
Conan Doyle’s Quixotic Attempt to Protect Sherlock Holmes Sheppard, Mullin, Richter & Hampton LLP
May
8
2020
Breach of FRAND Implications on ITC Exclusion Orders In View of the Public’s Interest Sheppard, Mullin, Richter & Hampton LLP
Jun
22
2020
USPTO Announces a New Initiative to Provide Applicants Additional Time to Petition for Restoring a Right of Priority or Benefit Sheppard, Mullin, Richter & Hampton LLP
Jun
5
2017
Eleventh Circuit Joins Split Court Decisions on Registration Precondition for Copyright Suits Sheppard, Mullin, Richter & Hampton LLP
May
23
2021
Hello Again, Worlds: A Failed Gaming IPR Leads to § 101 Success Sheppard, Mullin, Richter & Hampton LLP
Aug
28
2009
Second Circuit Resolves Split Between the Circuits Regarding Sale of Keywords to Trigger Sponsored Links and "Use in Commerce" Under the Lanham Act Sheppard, Mullin, Richter & Hampton LLP
Jul
11
2010
Mexico Passes New Law on Data Protection Sheppard, Mullin, Richter & Hampton LLP
Aug
11
2021
Reminder to Professional Services Firms – Do Not Take Your Trade Secrets for Granted Sheppard, Mullin, Richter & Hampton LLP
Feb
2
2011
FDA Announces Its Plan For Changes to the 510(k) "Approval" Pathway Sheppard, Mullin, Richter & Hampton LLP
Aug
8
2011
Federal Circuit Holds that "Isolated DNA Molecules" Are Patentable Subject Matter and Method Claims Merely "Comparing" or "Analyzing" Are Not Sheppard, Mullin, Richter & Hampton LLP
Feb
28
2022
Federal Circuit Deems Algorithm Potentially Valid Trade Secret Notwithstanding Prior Publication Sheppard, Mullin, Richter & Hampton LLP
Oct
27
2022
One Bad Apple Won’t Spoil the Rest of the Bunch’s Ability to Fairly Compete in Matthews International Corp. v. Lombardi Sheppard, Mullin, Richter & Hampton LLP
Feb
8
2023
To Be, or Not to Be? Considerations for A.I.- Generated Art Sheppard, Mullin, Richter & Hampton LLP
Jun
20
2013
Hashtagging Away Your Rights: Privacy and Publicity Rights in Social Media Sheppard, Mullin, Richter & Hampton LLP
Jan
25
2016
Warren Distribution v. Royal Purple – What’s in a Name? Sheppard, Mullin, Richter & Hampton LLP
Jan
3
2019
Challenges in Filing Successful IPR Petitions for Video Game Patents Sheppard, Mullin, Richter & Hampton LLP
May
1
2019
Yes, UCANN! Sheppard, Mullin, Richter & Hampton LLP
Dec
10
2023
Second Circuit Finds Art Collective Can’t Use First Amendment to Skate Out of Injunction Sheppard, Mullin, Richter & Hampton LLP
Sep
16
2019
Perils of Waiting: PTAB’s Precedential Opinion Panel Designates Two More Decisions Rejecting 315(b) Arguments Regarding Time Bars Sheppard, Mullin, Richter & Hampton LLP
Jul
7
2016
TTAB Precedential Decision: Time Limit for Adding Claims Is Tolled by Filing of Cancellation Within Registration’s Fifth Anniversary Sheppard, Mullin, Richter & Hampton LLP
Jul
29
2016
Parent Company Furnishes Cancellation of Subsidiary’s Trademark Registration Sheppard, Mullin, Richter & Hampton LLP
 

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