October 22, 2021

Volume XI, Number 295

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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 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.

For 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.

Date Title Organization
30
Aug
Patent Protection on AI Inventions Sheppard, Mullin, Richter & Hampton LLP
30
Aug
Trade Secret vs. Patent – a False Dichotomy Sheppard, Mullin, Richter & Hampton LLP
30
Aug
IPR, CBM, and PGR Statistics for Final Written Decisions Issued in June and July 2021 Finnegan
30
Aug
Elite Model Look Wins Trademark Victory in Shanghai Schwegman, Lundberg & Woessner, P.A.
29
Aug
China’s National Intellectual Property Administration Releases Patent Agency Industry Status Report (2020): Chinese Patent Attorneys File 222 Patent Applications Per Year on Average Schwegman, Lundberg & Woessner, P.A.
27
Aug
Ben & Jerry’s Opposes Marijuana Company’s Pending Applications for HALF-BAKED Trademark Norris McLaughlin P.A.
27
Aug
Pay the (PTO) Piper: Correct Erroneously Underpaid Maintenance Fees to Avoid Inequitable Conduct Challenges Finnegan
27
Aug
Prior Art Showing An Invention To Be “At Least Possible” Found Sufficient To Invalidate Surgical Device Patent Proskauer Rose LLP
27
Aug
PTAB Grants Institution on Rehearing—Incorporation by Reference Saves the Day Finnegan
26
Aug
When Pictures Aren’t Pictures: Real Estate Agent-Generated Floor Plans Are Outside Copyright Infringement Exception for Pictorial Representations McDermott Will & Emery
26
Aug
Patent Owner Tip #16 for Surviving an Instituted IPR: Improve Your Chances of Getting Amendments Mintz
26
Aug
The Application of “Authentication by Comparison” at the PTAB McDermott Will & Emery
26
Aug
Third Circuit Orders Second Look at Delays and Disgorgement of Profits McDermott Will & Emery
26
Aug
CAFC Clarifies Proving “Nexus” for Objective Indicia in a Design Patent Case Finnegan
26
Aug
When it Comes to Method of Use Claims, Preamble Language Regarding Intended Use is Limiting McDermott Will & Emery
26
Aug
All the Expenses of the Proceedings, Just Not Expert Witness Fees Finnegan
25
Aug
ITC Section 337: Kiss of Death for PTAB Proceedings Squire Patton Boggs (US) LLP
25
Aug
Spotlight on Upcoming Oral Arguments – September 2021 Finnegan
25
Aug
Intrinsic Evidence Seals the Deal for Seabed Finnegan
24
Aug
PTAB Statistics Show Interesting Trends for Orange Book and Biologic Patents in AIA Proceedings Mintz

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