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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Sep
28
2016
Army Ammunition Goes Green and Infringement Free McDermott Will & Emery
Sep
29
2016
PTAB Rejects Consideration of New Issues on Remand McDermott Will & Emery
Jul
1
2020
Improper Use of Voluntarily Communicated Trade Secrets Sufficient to Maintain Action for Misappropriation in Texas McDermott Will & Emery
Jun
30
2014
Architectural Copyrights Should Be Treated No Differently than Other Copyrights: Zalewski v. Cicero Builder Dev., Inc. McDermott Will & Emery
Jul
9
2020
PTO Extends Time for Small and Micro Entities to Pay Certain Fees McDermott Will & Emery
Jul
23
2020
Independently Performed, Publicly Disclosed Prior Work Can Lead to Joint Inventorship McDermott Will & Emery
Aug
13
2020
Hooked on Precedent or Something New McDermott Will & Emery
Aug
20
2020
Standard Essentiality Is a Question for the Fact Finder McDermott Will & Emery
Aug
26
2020
Attorney’s Fees Properly Awarded in Unsuccessful Trade Secret Misappropriation and Civil Theft Suit McDermott Will & Emery
Sep
2
2020
Federal Circuit Has Jurisdiction over Constitutional Questions in AIA Appeals McDermott Will & Emery
Sep
9
2020
No Remix: Copyright Act Preempts Right of Publicity Claim McDermott Will & Emery
Dec
28
2016
Failure to Introduce Source Code of Original Work Fatal to Claim Against Alleged Derivative Work McDermott Will & Emery
Dec
30
2016
Expanded Federal Circuit Jurisdiction: Classifying Compulsory Counterclaims McDermott Will & Emery
Oct
29
2020
Cookie Trade Dress Infringement Case Crumbles in Face of Functionality Challenge McDermott Will & Emery
Jan
18
2017
FTC and DOJ Update Antitrust Guidelines for the Licensing of Intellectual Property McDermott Will & Emery
Aug
29
2014
The Heavy Burden of a Motion to Amend: LaRose Indus., LLC v. Capriola Corp. McDermott Will & Emery
Aug
31
2014
The Importance of the One-Year AIA Timeline McDermott Will & Emery
Feb
1
2017
Remand to PTAB for Failure to Articulate Obviousness Rationale McDermott Will & Emery
Feb
2
2017
Power Integrations v. Fairchild Semiconductor: On Appeal, Patent Infringement Ruling Gets the Jitters McDermott Will & Emery
Dec
21
2020
An Early Holiday Present for Generics? Legislation Requiring Greater Disclosure by Brands Passes the Senate McDermott Will & Emery
Feb
28
2017
Prior Art References: General “Desire” to Improve Can Provide Sufficient Rationale to Combine References McDermott Will & Emery
Jan
7
2021
Defend Trade Secrets Act Supports Sealing Information on Appeal McDermott Will & Emery
Oct
1
2014
Sham-Wow! Antitrust Liability May Attach to Sham Administrative Petitions: Tyco Healthcare Group LP v. Mutual Pharm. Co., Inc. McDermott Will & Emery
Mar
2
2017
USPTO Changes Pertaining to Trademark Declarations, Post-Registration Use Filings McDermott Will & Emery
Oct
2
2014
First Final CBM Decision Invalidates Patent Under § 101: U.S. Bancorp v. Retirement Capital Access Management Co. McDermott Will & Emery
Oct
4
2014
Patent Owners: Better Address All Obviousness Arguments Raised by Petitioner, Pharmatech Solutions, Inc. v. LifeScan Scotland Ltd. McDermott Will & Emery
Oct
6
2014
Expungement of Unauthorized Filings Under 37 CFR § 42.7(a), MotivePower, Inc. v. Cutsforth, Inc. McDermott Will & Emery
Feb
11
2021
A Shoe-In? Fleet Feet Gives Injunction Appeal the Moot Boot McDermott Will & Emery
 

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