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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Apr
9
2019
Fashion & Food Industry Update: More Companies Adopting Blockchain Solutions K&L Gates
Jun
11
2019
BEGA Claims that Peanut Butter Throne in $60M War with Kraft Heinz K&L Gates
Oct
30
2019
Music to our ears: some clarity on joint authorship of copyright K&L Gates
Dec
18
2019
Does AI generated work give rise to a copyright claim? K&L Gates
Mar
18
2020
US Court of Appeals Affirms Copyright Sublicenses Can Be Implied by Conduct: Photographic Illustrators Corp. v. Orgill, Inc. K&L Gates
Nov
8
2016
Trademark Law Update: SCOTUS to Decide Whether Ban on Registering “Disparaging Marks” Is Unconstitutional K&L Gates
Sep
15
2020
A Right Royal Rejection: “Royal Butler” Trade Mark Application Denied in The UK K&L Gates
Nov
18
2020
Australia Aligns With the U.S. And EU by Adopting ‘Exhaustion of Rights’ Doctrine K&L Gates
Jan
19
2021
Manufacturers Must Not be Blind to Their Rights Against Counterfeiters K&L Gates
Apr
11
2017
Master in Delaware Chancery Recommends Enjoining Business From using Trade Name, Mark Similar to Those Already Used by Another Business K&L Gates
Apr
20
2017
“Waive” That Issue Goodbye: The Importance of Preserving Arguments and Developing a Full Record K&L Gates
May
19
2021
Copyright Infringement? The Court is “Not Gonna Take it” K&L Gates
Jul
7
2017
New Zealand joins the Global Patent Prosecution Highway K&L Gates
Jul
26
2021
Australia’s Greatest Liability: Parodic Fair Use or Copyright Infringement? K&L Gates
Aug
22
2017
U.S. Court Finds Adidas' Stan Smith Shoe Trade Dress Protectable K&L Gates
Aug
11
2021
How To Enforce Intellectual Property Rights in China K&L Gates
Aug
23
2021
Board of Directors of the Dubai International Financial Centre (DIFC) Authority Issues IP Legislation Update K&L Gates
Dec
15
2021
The Dust Settles Further in Relation to Patents for Computer Implemented Inventions in Australia K&L Gates
Feb
3
2022
Federal Circuit Rules AAPA in Challenged Patent Does Not Qualify as Prior Art Under 35 U.S.C § 311(B) But Signals AAPA Can Play Role in §103 Analysis K&L Gates
Sep
22
2017
Chancery Court Dismisses Breach of Contract and Fiduciary Claims Brought Under an Unenforceable Contract K&L Gates
Dec
1
2017
The Louboutin Red Sole - Opinions of the Advocate General (Case C-163/16 - Recap) K&L Gates
Aug
31
2022
Swatch v Samsung: App Store Operators Are Not Intermediaries and Can Be Liable for Trade Mark Infringement K&L Gates
Oct
7
2022
Franchisor (Jim's Group – Dog Wash Division) To Pay Au$24,420 In Penalties K&L Gates
Sep
5
2023
Federal Circuit Vacates and Remands PTAB Decision for Vaguely and Ambiguously Weighing Secondary Considerations K&L Gates
Sep
12
2023
UK Trade Mark and Design Reform Consultation K&L Gates
Jun
18
2019
Sensis V Senses – Federal Court Makes Findings of Deceptive Similarity K&L Gates
Dec
4
2023
A Thorny Issue Resolved as “Flowers for All” Trademark Deemed Distinctive K&L Gates
Oct
21
2019
Sky V Skykick AG – Is This The End Of A Claim For “Computer Software?” K&L Gates
 

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