November 27, 2020

Volume X, Number 332

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November 25, 2020

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Intellectual Property, Patent, Trademark and Copyright Law News

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 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.

Date Title Organization
8
Oct
NAIA Grants Name, Image, Likeness Rights to Collegiate Student-Athletes Jackson Lewis P.C.
8
Oct
Product-by-Process Analysis Applies to Method of Treatment Claims McDermott Will & Emery
8
Oct
By the Book: Unauthorized Material Doesn’t Forfeit Training Guide’s Copyright Protection McDermott Will & Emery
8
Oct
One Claim Construction Error Is Enough to Trigger New Trial on Infringement McDermott Will & Emery
8
Oct
No Due Process Violation When New Panel Hears Substantive Arguments McDermott Will & Emery
8
Oct
“Can’t Hold Us” Liable: Macklemore & Ryan Lewis Win Affirmance in Copyright Suit McDermott Will & Emery
7
Oct
Federal Circuit Orders Partial Dismissal of Voip-Pal’s IPR Challenged Claims Foley & Lardner LLP
6
Oct
USPTO Warns of New Email Scam Faegre Drinker
6
Oct
Permissive Infringement: Use of Trademarks in Creative Works Offers First Amendment Protection from Lanham Act Liability Stark & Stark
6
Oct
Joinder to the Rescue: Federal Circuit holds that joinder of instituted IPRs does not result in estoppel under § 315(e) Mintz
6
Oct
Federal Circuit Finds Recombinant Polypeptide Anticipated By Native Polypeptide Foley & Lardner LLP
5
Oct
China Announces Completion of Their Third Generation Nuclear Reactor Backed by Over a Thousand Patents Schwegman, Lundberg & Woessner, P.A.
4
Oct
China’s Supreme People’s Court Releases Guiding Opinions on Trial of Civil Cases Involving Intellectual Property Rights of E-commerce Platforms Schwegman, Lundberg & Woessner, P.A.
2
Oct
Proposed Alternative PTAB Discretionary Denial Factors In View of Co-Pending Parallel Litigation Womble Bond Dickinson (US) LLP
2
Oct
Strike 3 Saga: Turning BitTorrent Downloads Into A Copyright Infringement Settlement Machine Part 3 Stark & Stark
30
Sep
Ready, Fire, Aim - Picking the Correct Vehicle for Constitutional Challenges to Administrative Agency Decisions K&L Gates
30
Sep
Deep Fakes, Inventorship and Ethics--WIPO Revised Issues Paper on Artificial Intelligence K&L Gates
29
Sep
China National Intellectual Property Administration to Close from October 1 – 8, 2020 Schwegman, Lundberg & Woessner, P.A.
29
Sep
PTAB Waits as Supreme Court Considers Arthrex Certiorari Petitions Foley & Lardner LLP
29
Sep
Actual Definitions Can Help Avoid Erroneous Constructions of Patent Claims Squire Patton Boggs (US) LLP

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