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
23
Apr
With Notice and Opportunity to Respond, PTAB May Raise New Patentability Issues Based on Art of Record McDermott Will & Emery
23
Apr
Federal Banks are “Persons” Under the AIA McDermott Will & Emery
23
Apr
COVID-19: IP Strategies for Universities and Nonprofits During the Pandemic – Mitigating Patent Infringement Risks When Making PPE and Other Health-Related Supplies K&L Gates
23
Apr
Claimed Process Not Anticipated by Third-Party’s Prior Secret Use McDermott Will & Emery
23
Apr
Prima Facie Obviousness Established Where Claimed pH Range Overlaps with Prior Art Range for Similar Compounds McDermott Will & Emery
22
Apr
Federal Circuit: A Patent That Performs Computation Is Not Abstract, Is Patentable Barnes & Thornburg LLP
22
Apr
IP Litigation Considerations in Light of Court Closures and Stay at Home Orders Faegre Drinker
22
Apr
When the PTAB Weighs Evidence of Secondary Considerations, Volume Matters Squire Patton Boggs (US) LLP
22
Apr
Decisions Applying the § 315(b) Time Bar when Instituting IPR Proceedings Nonappealable McDermott Will & Emery
22
Apr
SCOTUS holds that PTAB Time-Bar Determinations are Not Reviewable on Appeal Mintz
22
Apr
Extending Cuozzo: Supreme Court Holds § 315(b) One-Year Time Bar Determinations Are “Final and Nonappealable” Foley & Lardner LLP
22
Apr
The Federal Circuit Reconsiders the Inherent Distinctiveness of Color Marks in In re Forney Sheppard, Mullin, Richter & Hampton LLP
22
Apr
China’s Supreme People’s Court Releases Top 10 Intellectual Property Cases for 2019 Schwegman, Lundberg & Woessner, P.A.
21
Apr
PTAB Time-Bar Determinations Under 35 U.S.C. §315(b) Are Final and Not Appealable Squire Patton Boggs (US) LLP
21
Apr
Episode 01: Techniques and Analytics for Identifying Valuable Patents and Patents to Abandon Schwegman, Lundberg & Woessner, P.A.
21
Apr
The Court of Appeals for the Federal Circuit Clarifies that Trademark Protection Is Available for “Graduated” and “Undefined” Color Schemes Davis Kuelthau
21
Apr
Open COVID Pledge Rolled Out to Make Patents and Other IP Available for COVID-19 Response Proskauer Rose LLP
21
Apr
Respirator Mask Price Gouging and Trademark Infringement? Not on 3M’s Watch Squire Patton Boggs (US) LLP
21
Apr
Salvaging Patent Term Adjustment Under Supernus Foley & Lardner LLP
20
Apr
CardioNet v. Infobionics: The Requirement for Improvements in Patent Eligibility Schwegman, Lundberg & Woessner, P.A.

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