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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Mar
3
2021
Blockchain Patentability Through The Lens Of A Recent PTAB Decision Sheppard, Mullin, Richter & Hampton LLP
Mar
27
2017
Who’s Got the Spirit?! Supreme Court Decides Star Athletic v. Varsity Brands; New Two-Part Test Seeks to Clear Up “Mess” But Questions Still Remain About Subjective Nature of Separability Analysis Sheppard, Mullin, Richter & Hampton LLP
Dec
16
2014
Sandoz and Celltrion Decline the Invitation to Dance: Biosimilars Challenge the Applicability of the BPCIA’s Exchange Provisions Before Bringing Suit Sheppard, Mullin, Richter & Hampton LLP
Sep
21
2021
NFT License Breakdown: Exploring Different Marketplaces and Associated License Issues Sheppard, Mullin, Richter & Hampton LLP
Aug
28
2009
Brave New Web: Trademark Rights in the Expanding Internet Sheppard, Mullin, Richter & Hampton LLP
Dec
9
2010
Adjusting the Inequitable Conduct Doctrine: Federal Circuit Hears Oral Arguments En Banc in Therasense Sheppard, Mullin, Richter & Hampton LLP
Feb
28
2023
French Insider Episode 20: Growing Your Business in America: The Story of Qobuz and Its Growth in Music Streaming with Dan Mackta [PODCAST] Sheppard, Mullin, Richter & Hampton LLP
Apr
19
2023
Design Patent Protection for Computer Generated Icons and Graphical User Interfaces Sheppard, Mullin, Richter & Hampton LLP
Jan
17
2013
In a Rarely-Seen Joint-Effort in the Competition Arena, the DOJ and the USPTO Unite in Issuing a Policy Statement on Remedies Involving Standard Essential Patents Sheppard, Mullin, Richter & Hampton LLP
Jan
25
2013
Thin Copyrights - Protected But Not Infringed Sheppard, Mullin, Richter & Hampton LLP
Jun
22
2023
Congress Proposes National Commission to Create AI Guardrails Sheppard, Mullin, Richter & Hampton LLP
Jun
28
2023
How Quickly are Judge Albright Patent Cases Going to Trial? Sheppard, Mullin, Richter & Hampton LLP
May
8
2019
Converting an IPR Loss into a District Court Win Sheppard, Mullin, Richter & Hampton LLP
Jul
15
2013
The Architecture of Copyright Sheppard, Mullin, Richter & Hampton LLP
Dec
10
2023
Axonics, Inc. v. Medtronic, Inc. Nos. 2022-1532, 2022-1533, (Fed. Cir. August 7, 2023) Sheppard, Mullin, Richter & Hampton LLP
Dec
18
2023
Federal Circuit Clarifies Standards to Establish Nexus Between Objective Evidence and Non-Obviousness, and to Establish Copying in Medtronic et al. v. Teleflex Innovations Sheppard, Mullin, Richter & Hampton LLP
Dec
21
2023
“Comparison Prior Art” Must Be Tied to the Same Article of Manufacture as That Claimed Sheppard, Mullin, Richter & Hampton LLP
Nov
18
2013
No Avoiding BPCIA (Biologics Price Competition and Innovation Act) For Biosimilars: No Patent Declaratory Judgment Action Before Biosimilars Application Is Filed Sheppard, Mullin, Richter & Hampton LLP
Mar
31
2024
Highlights of Revised Regulations for Implementing Patent Law of China Sheppard, Mullin, Richter & Hampton LLP
Feb
8
2014
Bitcoins and Liability in the Wake of Recent Silk Road Arrests Sheppard, Mullin, Richter & Hampton LLP
Feb
13
2020
Machine Learning Patentability in 2019: 5 Cases Analyzed and Lessons Learned Part 1 Sheppard, Mullin, Richter & Hampton LLP
Apr
22
2020
The Federal Circuit Reconsiders the Inherent Distinctiveness of Color Marks in In re Forney Sheppard, Mullin, Richter & Hampton LLP
May
19
2020
COVID-19 Web-Based IP Platform to Facilitate Connections Sheppard, Mullin, Richter & Hampton LLP
Jun
27
2014
USPTO Issues Preliminary Examination Instructions in Light of Alice Corp. - U.S. Patent And Trademark Office Sheppard, Mullin, Richter & Hampton LLP
Oct
10
2016
Supreme Court and the Lanham Act: Lee v Tam Sheppard, Mullin, Richter & Hampton LLP
Oct
8
2020
Alice and Incongruity in PTAB Appeals Sheppard, Mullin, Richter & Hampton LLP
Jan
25
2017
Suing The United States Government For Patent Infringement And Defending Against A Claim Of Obviousness Sheppard, Mullin, Richter & Hampton LLP
Feb
5
2021
Cementing Victory by Accepting Defeat: When Can a Patentee’s Infringement Disclaimer Moot an Appeal of an IPR Decision? Sheppard, Mullin, Richter & Hampton LLP
 

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