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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Jul
26
2023
Blue Gentian, LLC v. Tristar Prods., Inc. No. 2021-2316, 2021-2317, pending cite (Fed. Cir. June 9, 2023) Sheppard, Mullin, Richter & Hampton LLP
Aug
1
2023
Parus Holdings, Inc. v. Google LLC, No. 2022-1269, 2022-1270 (Fed. Cir. Jun. 12, 2023) Sheppard, Mullin, Richter & Hampton LLP
May
2
2019
A Cautionary Tale: Don’t Wait Until There Is A Problem To Protect Your Trade Secrets Sheppard, Mullin, Richter & Hampton LLP
Nov
3
2023
White House Executive Order on AI Punts on IP Issues Sheppard, Mullin, Richter & Hampton LLP
Dec
15
2023
Federal Circuit Affirms PTAB’s Ruling of Swearing Behind a Prior Art Reference Sheppard, Mullin, Richter & Hampton LLP
Dec
6
2013
$2.3 Million Trial Verdict Against Newegg Sheppard, Mullin, Richter & Hampton LLP
Feb
13
2024
Federal Circuit Rules on Written Description Requirement and Prior Art Statements Supporting a Motivation to Combine Sheppard, Mullin, Richter & Hampton LLP
Feb
16
2024
DOJ and SEC Officials Issue Harsh Warnings Concerning the Misuse of AI Sheppard, Mullin, Richter & Hampton LLP
Oct
14
2019
Patent Attacks Against Open Source Intensify! Sheppard, Mullin, Richter & Hampton LLP
Mar
13
2024
The USPTO and USCO Delivered a Report to Congress on IP Issues with NFTs – Maintains Existing IP Regime Sheppard, Mullin, Richter & Hampton LLP
Apr
10
2014
Ninth Circuit Hearing on California Resale Royalties Sheppard, Mullin, Richter & Hampton LLP
Mar
13
2020
The Growing Importance of International Arbitration for Intellectual Property Disputes Sheppard, Mullin, Richter & Hampton LLP
Jul
14
2016
En Banc: Federal Circuit Provides Guidance on Application of On-Sale Bar to Contract Manufacturers Sheppard, Mullin, Richter & Hampton LLP
Jun
26
2014
New Updated FTC Care Labeling Rules: “Do’s and Don’ts” Sheppard, Mullin, Richter & Hampton LLP
Jul
7
2020
Supreme Court sides with booking.com – generic.com trademarks not necessarily generic Sheppard, Mullin, Richter & Hampton LLP
Aug
12
2014
Sham Hatch-Waxman Infringement Suits And FDA Citizen Petitions; A Potential For New Liability For Innovators? Sheppard, Mullin, Richter & Hampton LLP
Jan
3
2017
New York Court of Appeals Says No Common Law Public Performance Right For Pre-1972 Sound Recordings Sheppard, Mullin, Richter & Hampton LLP
Feb
12
2021
A “Culture Of Concealment” – Scrutinizing Overbroad NDAs Sheppard, Mullin, Richter & Hampton LLP
May
15
2017
Important Open Source Ruling Confirms Enforceability of Dual-Licensing and Breach of GPL for Failing to Distribute Source Code Sheppard, Mullin, Richter & Hampton LLP
Nov
21
2014
“How Dare You Charge That for a Spare Part!” – The Untold Story of the X27 Interface Assembly Sheppard, Mullin, Richter & Hampton LLP
Jun
28
2021
Striking the Balance Between Detailed Description and Unnecessary Disclosure of the “Secret” in Trade Secret Litigation Pleadings Sheppard, Mullin, Richter & Hampton LLP
Aug
31
2009
User Generated Content Promotions: Balancing The Sponsor's Rights Against Risks Sheppard, Mullin, Richter & Hampton LLP
Jun
28
2010
International Luxury Brands May Face Product Quality Enforcement In China Sheppard, Mullin, Richter & Hampton LLP
Jul
23
2010
Supreme Court Rejects Bilski Claims, Overturns "Machine-or-Transformation" Requirement for Patent Eligibility of Processes Sheppard, Mullin, Richter & Hampton LLP
Sep
3
2010
The Innovative Design Protection and Privacy Prevention Act: Will Design Protection Be In Vogue in Congress? Sheppard, Mullin, Richter & Hampton LLP
Oct
22
2010
Blog Hyperlinks to News Stories = Copyright Infringement or Not? Sheppard, Mullin, Richter & Hampton LLP
Jul
27
2022
Too Many Bites at the Apple? Sheppard, Mullin, Richter & Hampton LLP
Oct
4
2022
The District of Columbia Revises Ban on Non-Competes Sheppard, Mullin, Richter & Hampton LLP
 

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