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
18
2018
How Much Is That Issue Fee Payment In The Window? Foley & Lardner LLP
Feb
27
2018
Pleading a Claim for Misappropriation of Trade Secrets in California: A Problem of Particularity Foley & Lardner LLP
Sep
3
2015
Federal Circuit Court Finds Dow Claims Clearly Indefinite Foley & Lardner LLP
Mar
15
2018
USPTO Withdraws Newly Characterized Antigen Test For Written Description Of Antibodies Foley & Lardner LLP
Apr
23
2018
USPTO Issues Patent Eligibility Examination Guidance Under Berkheimer Foley & Lardner LLP
Oct
1
2015
Divided Infringement Between Doctor And Patient Foley & Lardner LLP
Oct
29
2015
Several Hedge Fund-linked IPR Petitions Instituted: PTAB Finds No Abuse of Process Foley & Lardner LLP
Jul
16
2018
Non-Compete: Who is the Bad Actor? Foley & Lardner LLP
Aug
3
2018
Constitutionality of PTAB Judge Appointments Challenged In Polaris IPR Appeal Foley & Lardner LLP
Nov
12
2015
USPTO Proposes New IDS Framework Foley & Lardner LLP
Apr
6
2015
Pizzas And Trademark Infringement re: North Carolina Trademark Registration Act Brooks, Pierce, McLendon, Humphrey & Leonard, LLP
Oct
15
2015
It Can Be A Tough Road For Trade Secrets Plaintiffs In The North Carolina Business Court Brooks, Pierce, McLendon, Humphrey & Leonard, LLP
Dec
16
2020
Providers of Web Hosting Services Liable for Contributory Infringement of Louis Vuitton’s Trademarks and Copyrights Stark & Stark
Nov
21
2018
Hurdles to Federal Trademark Registration Part 2 – Merely Descriptive & Geographically Descriptive Stark & Stark
Jan
30
2024
Misappropriation of a Trade Secret in New Jersey Stark & Stark
Jun
3
2020
Supreme Court Strikes Down Pay-Per-Law Copyright: Copyright Protection Not Available for Annotations to State Law If Commissioned by Officers With Legislative Authority Stark & Stark
Dec
5
2018
Shades of Gray: Color Marks Can Never Be Inherently Distinctive Stark & Stark
May
15
2019
The Digital Millennium Copyright Act: Scope, Reach, and Safe Harbors Stark & Stark
Jun
29
2020
What You and Your Business Need to Know About Copyright Law and Infringement Stark & Stark
Jan
24
2023
The Fight for Red: Fashion Statement or Protected Trademark? Stark & Stark
Nov
13
2018
You Shall Not Pass: Hurdles to Federal Trademark Registration Stark & Stark
Jan
18
2019
Using Top-Level Domains to Overcome the Generic Trademark Bar Stark & Stark
Jul
15
2020
Booking Is Generic But Booking.Com Is A Registerable Trademark Stark & Stark
Jul
21
2020
Drake Wins Big With Fair Use Stark & Stark
Jun
6
2019
Invasion of the Copyright Trolls: What to Do If You Have Been Sued by Strike 3 Holdings or Malibu Media over Alleged BitTorrent Downloads Stark & Stark
Jul
7
2020
CBD May Be Legal, but Challenges Still Persist in Obtaining CBD Product Trademark Registration Stark & Stark
Aug
7
2018
Trademark Registration of Colors—Only Once in a Blue Moon Stark & Stark
Jul
2
2020
Proving Abandonment: How Trademark Rights Can Be Lost Through Non-Use Stark & Stark
 

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