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

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Apr
9
2018
Another Federal Decision Broadens Trademark Protection Davis|Kuelthau, s.c.
Apr
21
2020
The Court of Appeals for the Federal Circuit Clarifies that Trademark Protection Is Available for “Graduated” and “Undefined” Color Schemes Davis|Kuelthau, s.c.
Aug
18
2022
Sharing Isn’t Always Caring! Beware of Posting Copyrighted Material on Social Media Davis|Kuelthau, s.c.
Jan
20
2022
Three Type of U.S. Patents and When to Use Them Davis|Kuelthau, s.c.
Sep
30
2017
Supreme Court Decides That the First Amendment Trumps the Denial of Protection for “Disparaging” Trademarks Davis|Kuelthau, s.c.
Feb
1
2018
Raising an Ensnarement Defense Defeats the Doctrine of Equivalents Davis|Kuelthau, s.c.
Sep
11
2019
Claim Construction Disputes Must Be Decided Before Applying Alice Brinks Gilson & Lione
Mar
21
2018
PTAB Denies Request for Institution of Post-Grant Review in "Live Nation Entertainment" Case Brinks Gilson & Lione
Apr
25
2018
Supreme Court Signals Full Steam Ahead for Challenging Patents in AIA Proceedings in Back-to-Back Oil States and SAS Institute Decisions Brinks Gilson & Lione
Nov
14
2018
Is an Indemnifying Supplier an IPR Petitioner? Brinks Gilson & Lione
May
31
2019
Congress Rethinking Patent Eligibility Brinks Gilson & Lione
Mar
21
2018
Subject Matter Eligibility for Graphical User Interfaces: Core Wireless Licensing S.A.R.L.. v. LG Electronics, Inc Brinks Gilson & Lione
Mar
22
2018
Janssen Biotech Unable To Rewrite History and Save Remicade Patent Brinks Gilson & Lione
Jul
23
2018
TROL Act Seeks to Protect Businesses from Abusive Patent Demand Letters Brinks Gilson & Lione
Mar
5
2019
Supreme Court Holds That Copyright Owners Must Wait for Registration Before Filing Suit Brinks Gilson & Lione
Mar
22
2018
Time to Appeal: Challenging PTAB Time-Bar Determinations at the Federal Circuit Brinks Gilson & Lione
Sep
25
2018
Bringing Real Parties of Interest to Light: Applications in Internet Time, LLC v. RPX Corp. Brinks Gilson & Lione
Oct
24
2018
Improper Venue Causes a Hatch-Waxman Case To Leave the District of Delaware Brinks Gilson & Lione
Mar
22
2018
Cornerstone To An International Intellectual Property Protection Center Brinks Gilson & Lione
Jun
5
2018
Trademark Enforcement Implications of Europe’s New General Data Protection Regulation (GDPR) Brinks Gilson & Lione
Sep
28
2018
The USPTO Director Revises PTAB Standard Operating Procedures Brinks Gilson & Lione
Oct
16
2018
Federal Circuit Concurring Opinion Recommends En Banc Review of Prior Ineligible Subject Matter Decision Brinks Gilson & Lione
Nov
16
2018
Cutting the Dead Wood: The USPTO’s Post-Registration Trademark Use Audit Program Brinks Gilson & Lione
May
22
2019
Mission Products v. Tempnology: SCOTUS Holds that Rejection of Trademark License in Bankruptcy Does Not Terminate the Right to Use the Mark Brinks Gilson & Lione
Aug
5
2019
USPTO Now Requires U.S. Licensed Attorneys in all Trademark Matters Brinks Gilson & Lione
Mar
22
2018
Subject Matter Eligibility and Questions of Fact Brinks Gilson & Lione
Jan
10
2019
Iancu v. Brunetti: Supreme Court Grants Cert to “Scandalous Marks” Case Brinks Gilson & Lione
Nov
1
2019
Federal Circuit Uses Judicial Power To Sever Unconstitutional Provision Of Patent Statute To Keep USPTO Inter Partes Review Procedure Intact Brinks Gilson & Lione
 

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