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

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Jul
9
2015
Serial Adversaries Are Still No Big Deal: Cherdak v. Koko Fitclub Proskauer Rose LLP
Jul
25
2015
Cisco Takes Foreign Corporations to School in Ex Parte Applications for Restraining Orders Proskauer Rose LLP
Sep
7
2015
Trademark Practitioners Beware: Issue Preclusion May Now Apply to TTAB Findings More Often Than You Think Proskauer Rose LLP
Mar
7
2018
Cold to Mootness Challenge, But Warm to Inequitable Conduct Defenses Proskauer Rose LLP
Jan
28
2019
Fair Use in Flux: Second Circuit TVEyes Ruling May Have a Lasting Effect on Fair Use Analysis Proskauer Rose LLP
Feb
29
2016
Cami Li Cannot Compete: BPI Sports v. Camila Figueras Proskauer Rose LLP
Jan
15
2020
Court Properly Refused To Dissolve Injunction Involving Trade Secret Misappropriation Proskauer Rose LLP
Jul
14
2016
Patent Infringement: Rising Tide of State-Enacted Reform Proskauer Rose LLP
Aug
28
2016
Antitrust Agencies Propose Updates to Intellectual Property Licensing Guidelines and Invite Comments Proskauer Rose LLP
Oct
12
2016
Hilsinger Co v. Eyeego: Accused Infringer Puts Screws on Patentee Proskauer Rose LLP
Jul
24
2020
Does ‘New and Improved’ Products Mean I can Charge a New and Improved Price? Proskauer Rose LLP
Jul
5
2017
Google Escapes Genericide Claim in Ninth Circuit Decision Proskauer Rose LLP
Aug
6
2021
Why Obviousness-type Double Patent Analysis Isn’t Obvious Proskauer Rose LLP
May
15
2015
BMI Wins Summary Judgment of Copyright Infringement After Restaurant Owner Fails to Respond to Requests for Admission Proskauer Rose LLP
Aug
25
2017
Court Bounces Untimely Extrinsic Evidence in Claim Construction Phase Proskauer Rose LLP
Feb
24
2022
“Negative” Patent Claim Limitations—May They be Adequately Described by Omission? Proskauer Rose LLP
Jun
14
2015
Appealing a Trademark Registration Refusal? Win or Lose, You May Have to Pay the USPTO’s Legal Fees Proskauer Rose LLP
Jun
30
2015
Hold That Pose: Can the Bikram Yoga Sequence Be Protected by Copyright Law? Proskauer Rose LLP
Jul
17
2015
Tangle Between Hair Care Companies Stayed Pending IPR Proskauer Rose LLP
Dec
13
2017
Jury Verdict Overturned in Pepcid® Dispute After Court Finds Insufficient Evidence of Infringement Proskauer Rose LLP
Jan
5
2018
Patenting the Blockchain Proskauer Rose LLP
Jan
12
2018
Federal Circuit Holds That IPR Time-Bar Determinations Can Be Appealed Proskauer Rose LLP
May
14
2018
Blockchain as a Content Distribution Technology: Copyright Issues Abound Proskauer Rose LLP
Nov
11
2015
Massachusetts Court Takes Temperature of Defendant’s Inequitable Conduct Claim on Summary Judgment Proskauer Rose LLP
Oct
29
2018
Gun Trigger Patent Lawsuit Misfire Does Not Warrant “Exceptional Case” Finding Proskauer Rose LLP
Dec
25
2015
Massachusetts Court Clears Patent Prosecutors of Malpractice Claims Arising From Representation of Clients in Same Technology Area Proskauer Rose LLP
Dec
7
2023
Question of the Week: What Do You Expect the Biggest Impacts of Generative AI (GenAI) to be on M&A in the Next 12-18 Months? Proskauer Rose LLP
Jan
15
2020
Update on Oral Argument in Romag: Supreme Court Considers Whether Willfulness is Required to Disgorge a Defendant’s Profits under the Lanham Act Proskauer Rose LLP
 

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