July 23, 2019

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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
30
May
Eagle Eye On Attorneys’ Fee Award: Courts Must Apportion Award Based On Successful Claims McDermott Will & Emery
30
May
Stay On Target: Despite District Court’s Indefiniteness Ruling, PTAB Maintains IPR Proceeding McDermott Will & Emery
30
May
Reasonably Continuous Diligence To Reduction To Practice Is Enough McDermott Will & Emery
30
May
Case Law Beats PTO Guidance On Patent Eligibility McDermott Will & Emery
30
May
Appellate Court Generates Patent Treatise in Car-Tracking Patent Case McDermott Will & Emery
30
May
They Started It! Foley & Lardner LLP
30
May
Skepticism does not need to be Based on Impossibility McDermott Will & Emery
30
May
“100%” Does Not Necessarily Mean "All" McDermott Will & Emery
30
May
Forum Selection Clause Prohibits Filing IPR and PGR Petitions McDermott Will & Emery
29
May
Bear Market For Trading Software: Patents Subject To CBM Found To Be Directed To Ineligible Subject Matter McDermott Will & Emery
29
May
Claim Construction of “Customary and Ordinary” Meaning Does Not Justify Amendment of Noninfringement and Invalidity Contentions Mintz
29
May
Supreme Court Adopts a “Rejection-as-Breach” Rule to Allow Licensee to Continue to Use Trademark Following Debtor’s Rejection of License Mintz
29
May
Implementation of the EU "Trademark Package" In France K&L Gates
28
May
In Landmark Decision, Supreme Court Rules Trademark Licensees Retain Rights Even After Rejection by Licensor in Bankruptcy Wiggin and Dana LLP
28
May
Congress Releases Draft Patent Eligibility Legislation Foley & Lardner LLP
24
May
Bipartisan “Draft Bill” to Amend ss. 100, 101 and 112 Released for Comment Schwegman, Lundberg & Woessner, P.A.
24
May
Performing a Service without Selling the Process Still Triggers the On-Sale Bar Mintz
24
May
Another Shoe Drops in the Qualcomm Patent Licensing Saga Mintz
24
May
Claims of Uniloc Patents Covering a Software Distribution System Found Patent Eligible by Federal Circuit Schwegman, Lundberg & Woessner, P.A.
23
May
U.S. Supreme Court | Rejection Of A Trademark License In Bankruptcy Is A Breach Of Contract That Does Not Terminate The Licensee’s Right To Use The Mark McDermott Will & Emery

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