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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Aug
14
2020
Ixchel v. Biogen: California B2B Noncompetes Do Not Per Se Violate B&P Section 16600, and Are Instead Subject to Rule of Reason Sheppard, Mullin, Richter & Hampton LLP
Jan
5
2021
California Court Strikes Down Overbroad Confidentiality Agreement as a de facto Non-Compete 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
Mar
3
2021
Blockchain Patentability Through The Lens Of A Recent PTAB Decision 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
Oct
25
2017
Deadline Approaching: Action Required by December 31 To Avoid Losing DMCA Safe Harbor Protection Sheppard, Mullin, Richter & Hampton LLP
Mar
27
2018
UPDATE: The Federal Defend Trade Secrets Act vs. The California Uniform Trade Secrets Act Sheppard, Mullin, Richter & Hampton LLP
Feb
11
2023
Early 2023 Update: Where Are Plaintiffs Filing Patent Cases Now? Sheppard, Mullin, Richter & Hampton LLP
Mar
15
2023
Copyright Office Guidance on AI Sheppard, Mullin, Richter & Hampton LLP
Apr
13
2023
Copyright Office Artificial Intelligence Initiative and Resource Guide Sheppard, Mullin, Richter & Hampton LLP
Apr
11
2013
Things to Know About the Latest Final Interim Rules to Patent Term Adjustment under the America Invents Act (AIA) Sheppard, Mullin, Richter & Hampton LLP
Aug
31
2023
Inguran, LLC, DBA STGenetics V. ABS Global, INC., Genius PLC, No. 2022-1385 (July 5, 2023) Sheppard, Mullin, Richter & Hampton LLP
Apr
5
2019
Do NOT Give NDAs the Short Shrift Sheppard, Mullin, Richter & Hampton LLP
Oct
11
2013
Apple is Fighting Back in Brazilian Courts to Get its iPhone Trademark Sheppard, Mullin, Richter & Hampton LLP
Oct
17
2023
United Cannabis Corporation v. Pure Hemp Collective Inc. Sheppard, Mullin, Richter & Hampton LLP
Oct
24
2023
In Re: Cellect, LLC No. 2022-1293 (Fed. Cir. Aug. 28, 2023) Sheppard, Mullin, Richter & Hampton LLP
Mar
29
2016
Federal Circuit Limits Estoppel Provision of AIA Sheppard, Mullin, Richter & Hampton LLP
Dec
18
2023
Federal Circuit Vacates Invalidity Judgement Based on Collateral Estoppel from a Case Subsequently Vacated and Rebukes Plaintiff’s About-Face on Its Stipulated Claim Construction Sheppard, Mullin, Richter & Hampton LLP
Dec
21
2023
Anticipation and Obviousness in Patent Law: An Analysis of Recent IPR Decisions Sheppard, Mullin, Richter & Hampton LLP
Feb
14
2024
Federal Circuit Rules on Inventor-as-Lexicographer Definitions and the Proper Scope of Reply and Sur-Reply Briefing Following Patent Owner Responses to IPR Institution Decisions Sheppard, Mullin, Richter & Hampton LLP
Dec
6
2019
Left Empty Handed: Value Shut Down on Written Prior Art, Highlighting Importance of System Art Sheppard, Mullin, Richter & Hampton LLP
Apr
10
2024
USPTO Issues Additional Guidance on Use of AI Tools in Connection with USPTO Matters Sheppard, Mullin, Richter & Hampton LLP
Apr
10
2014
Intent To Use – It’s Not The Thought That Counts Sheppard, Mullin, Richter & Hampton LLP
 

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