September 20, 2021

Volume XI, Number 263

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September 20, 2021

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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
20
Sep
Testing the Limits of Therasense: Patent Owner’s Decision Not to Appeal Obviousness Holding Created But-for Materiality and Knowledge of Withheld References Established Intent Finnegan
20
Sep
China’s National Intellectual Property Administration Issues Interpretation of Administrative Adjudication of Patent Linkage Measures Schwegman, Lundberg & Woessner, P.A.
18
Sep
China’s National People’s Congress Releases Translation of the Amended Copyright Law Schwegman, Lundberg & Woessner, P.A.
17
Sep
Obviousness Of Method Claim Requires Expectation of Success for Recited Purpose Foley & Lardner LLP
17
Sep
The Rest of the Story: Update on Puma 'Roar Mark' Trademark Dispute Katten
17
Sep
A Trademark by Any Other Name: Why the UGG Brand Left Some Australians Saying “Ugh” Norris McLaughlin P.A.
17
Sep
None of Us Saw Them Stop the PTA Giveaway Finnegan
17
Sep
China’s National People’s Congress Releases Translation of the Amended Patent Law Schwegman, Lundberg & Woessner, P.A.
16
Sep
10-Year Anniversary of the AIA at the PTAB―Not Your Grandparents’ U.S. Patent Law Finnegan
16
Sep
Second Circuit Puts the Focus on Search-Term Restrictions in 1-800 Contacts Decision Katten
16
Sep
Federal Circuit: Contractual Arbitration Agreements Don’t Bind PTAB Institution Decisions McDermott Will & Emery
16
Sep
Genus Claims: Foiled Again by Written Description Mintz
16
Sep
Notice Under § 287 Means Knowledge of Infringement, Not Knowledge of Patent McDermott Will & Emery
16
Sep
TTAB Judicial Appointments are Determined Constitutionally Sound McDermott Will & Emery
16
Sep
Material Information Submitted to FDA but Withheld from PTO Gives Rise to Inequitable Conduct McDermott Will & Emery
16
Sep
Sixth Circuit: It’s a Go on Plaintiff’s Claims Despite Arbitration Clause McDermott Will & Emery
15
Sep
Ninth Circuit Denies Sherman Act Challenge To No-Poach Provision Sheppard, Mullin, Richter & Hampton LLP
15
Sep
China’s Hainan Province Proposes 1 Million RMB Rewards for Reporting Intellectual Property Infringement Schwegman, Lundberg & Woessner, P.A.
15
Sep
Prosecution Pointers 286-294 Finnegan
14
Sep
Update: Federal Judge Rules That Only Natural Persons Can Be Inventors Winstead

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