January 16, 2019

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
25
Oct
Creating Abuse-Resistant Treatments for Opioid Dependence Is Not So Obvious After All McDermott Will & Emery
25
Oct
“Blocking Patent” Deterrence Effect May Discount Secondary Considerations for Follow-On Patents McDermott Will & Emery
25
Oct
“Configured to” or “Capable of”: That Is the Question McDermott Will & Emery
25
Oct
OSI Layers Take the Cake – Plain Language Outweighs Prosecution History Disavowal McDermott Will & Emery
25
Oct
Prediction: “Plain and Ordinary Meaning” Is Not Particularly Plain or Ordinary McDermott Will & Emery
25
Oct
Federal Circuit Clarifies Role of Consumer Demand in Terms of Entire Market Value McDermott Will & Emery
25
Oct
Reasonable PTAB Determinations Supported by Substantial Evidence Will Be Sustained McDermott Will & Emery
25
Oct
Consistent Witness Testimony Gives Teeth to Assertion of Public Availability McDermott Will & Emery
25
Oct
A High Bar for Fee Awards Against the Bar McDermott Will & Emery
25
Oct
Overlapping Ranges Give Rise to Presumption of Obviousness in IPRs McDermott Will & Emery
24
Oct
Improper Venue Causes a Hatch-Waxman Case To Leave the District of Delaware Brinks Gilson & Lione
24
Oct
District of Delaware Dismisses ANDA Applicant for Lack of Venue under TC Heartland Mintz
23
Oct
Invalidity Of Copaxone Patents Supported By Statements To FDA Foley & Lardner LLP
22
Oct
EPO Provides Patentability Guidance for AI-based Applications Schwegman, Lundberg & Woessner, P.A.
22
Oct
New Cases Confirm that FOIA Exemption 4 Protects Line-Item Pricing Information Covington & Burling LLP
19
Oct
Diagnostic Method Claims And Primer Tools Lack Patent- Eligibility Foley & Lardner LLP
19
Oct
Inventorship Claim in Disease Treatment Patent Dispute Survives Motion to Dismiss Proskauer Rose LLP
19
Oct
2018 Nobel Prize Recognizes Economic Importance of Strong Patent Rights Covington & Burling LLP
19
Oct
Yeda Res. and Dev. v. Mylan – “We don’t need no Stinkin’ Prior Art” Schwegman, Lundberg & Woessner, P.A.
18
Oct
The Abstract Idea Defense in a Patent Infringement Suit Jumped the Shark in Nike v Puma Schwegman, Lundberg & Woessner, P.A.

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