May 26, 2020

May 26, 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
27
Apr
Supreme Court: Willfulness Not a Requirement for Loss of Profits in Trademark Infringement Womble Bond Dickinson (US) LLP
26
Apr
Is it a Bird? Is it a Plane? No, it’s an Infringement of a Reputable Mark! K&L Gates
26
Apr
Kraft v Bega: Australian Appeal Court Decision Reaffirms the Perils of Relying on Unregistered Trade Mark Rghts K&L Gates
26
Apr
Chinese Rail System for Restaurant Meal Delivery Patent Infringed Schwegman, Lundberg & Woessner, P.A.
26
Apr
China’s Supreme People’s Procuratorate Issues Top Example Cases of Criminal Intellectual Property Rights Infringement in 2019 Schwegman, Lundberg & Woessner, P.A.
24
Apr
It’s A Snap: Supreme Court Rules that Trademark Owners can Recover Infringer’s Profits without Proving that Infringement was Willful Squire Patton Boggs (US) LLP
24
Apr
U.S. Supreme Court Rules that Profits Available Even from Non-Willful Trademark Infringers Sheppard, Mullin, Richter & Hampton LLP
24
Apr
Supreme Court Preserves Availability of Profits Award for Both “Willful” and “Innocent” Trademark Infringement Pierce Atwood LLP
24
Apr
U.S. Supreme Court Rejects Categorical Rule That Trademark Infringement Must Be “Willful” to Award Infringer’s Profits in Romag v. Fossil Foley & Lardner LLP
24
Apr
U.S. Supreme Court Rejects Willfulness Prerequisite for Disgorgement of Profits Award Barnes & Thornburg LLP
24
Apr
Chinese Trademark Office Warns Applicants Against Fraudulent Mail Schwegman, Lundberg & Woessner, P.A.
24
Apr
Willfulness Not a Prerequisite for Trademark Infringer’s Profits Bracewell LLP
24
Apr
Your Color-Based Product Packaging Mark Might Be Protectable Trade Dress Hunton Andrews Kurth
24
Apr
Free Extensions Of Time From IP Australia And IPONZ For COVID-19 Delays K&L Gates
24
Apr
“Consisting Essentially Of” Decision at Federal Circuit Supports Link between Specification and Claims in Composition Patents Squire Patton Boggs (US) LLP
24
Apr
Chinese Trademark Office Issues FAQ on Collective and Certification Trademark Registration Schwegman, Lundberg & Woessner, P.A.
23
Apr
Sharing IP Rights in the Fight Against COVID-19 Wilson Elser Moskowitz Edelman & Dicker LLP
23
Apr
Claims Need Only Inform a Skilled Artisan of the Metes and Bounds with Reasonable Certainty McDermott Will & Emery
23
Apr
No Disgorgement When Injunction is Sufficient Remedy McDermott Will & Emery
23
Apr
Lights Turned Out on Validity Finding McDermott Will & Emery

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