SEC Issues Cybersecurity Initiative Risk Alert
On April 15, the U.S. Securities and Exchange Commission (SEC)’s Office of Compliance Inspections and Examinations (OCIE) issued a Risk Alert on its Cybersecurity Initiative. The Alert is intended to...
View ArticleLaches Ends Bifurcated Stent Patent Infringement Case - Medinol Ltd v. Cordis...
Case Number: 1:13-cv-01408-SAS (Dkt. 64) - Having bifurcated trial of Medinol’s infringement claims against Cordis for Cordis’s Cypher and Cypher Select stents, the court found that laches presents a...
View ArticleJumpstarting Online Conversation Navigating False Claims And Endorsements In...
The rise in popularity of social networking websites and blogs has extended the reach of a single consumer’s opinion about a brand or its products or services. In fact, prior to purchasing goods or...
View ArticlePatent-Eligibility of Stem Cells Under New USPTO "Myriad-Mayo" Guidance
In March, the U.S. Patent and Trademark Office (USPTO) implemented new procedures to address whether inventions that relate in whole or in part to laws of nature and naturally occurring products are...
View ArticleSupreme Court to Untie Regulatory Knot in Juice Labeling Dispute
Hearing oral arguments on April 21, 2014, the United States Supreme Court has waded into the contentious world of food labeling in the case of Pom Wonderful LLC v. Coca-Cola Co. While the facts of Pom...
View ArticleSecurity Breach May Not Be Covered By Your General Liability Policy
Data breaches are certainly not unique to the healthcare industry. Large data breaches like the one experienced by Target stores in late 2013 seem increasingly common. Retail, financial, and other...
View ArticleFTC Offers Guidance on Social Media Contests
In a recent (March 20, 2014) letter, the Federal Trade Commission (FTC) offered guidance as to the factors to consider in evaluating whether entry into a contest on a social media site is a form of...
View ArticleFTC Continues to Update COPPA FAQs - This Time, Guidance for Schools
As part of our ongoing updates on guidance the Federal Trade Commission offers through its Frequently Asked Questions (FAQs) relating to its updated Children’s Online Privacy Protection Act (COPPA)...
View ArticleSEC Staff Addresses Third-Party Endorsements of Investment Advisers on Social...
On March 28, 2014, the Division of Investment Management of the Securities and Exchange Commission (“SEC”) published an IM Guidance Update that removes a great deal of uncertainty regarding social...
View ArticleGood to Go – Airwatch Succeeds in Remand Motion of Good Technology Claims
The remand and dismissal motions of Airwatch LLC (“Airwatch”) and Good Technology Corporation and Good Technology Software, Inc. (“Good”), respectively, were the subject of an earlier post. Judge...
View ArticleFederal Circuit Review - StoneEagle, Vederi, and Ancora Technologies (April...
Inventor Cannot Use Declaratory Judgment Jurisdiction - In StoneEagle Services, Inc. v. Gillman, Appeal No. 13-1248, the Federal Circuit vacated a declaratory judgment and remanded with instructions to...
View ArticleDeal Carefully With Bitcoins Until Legislation Catches Up
Interest in cryptocurrencies is growing, even after Mt. Gox, formerly the largest international bitcoin exchange, filed for bankruptcy in Japan following $473 million in losses. Bitcoin’s resulting...
View ArticleCaution: Failure to Conduct a HIPAA Risk Analysis Endangers Your Meaningful...
Providers participating in the Medicare and Medicaid Electronic Health Record ("EHR") incentive programs should be mindful that failure to comply with the requirements of the Health Insurance...
View ArticleA Compilation of Enforcement and Non-Enforcement Actions - 04/30/14
Enforcement Matters: Improper Calculation of Client Advisory Fees Results in Enforcement Action - In a recent action (In the Matter of Transamerica Financial Advisors, Inc., Investment Advisers Act...
View ArticleTSCA Reform: House Subcommittee Discusses Revised Draft of Chemicals in...
On April 29, 2014, the House Energy and Commerce Subcommittee on Environment and the Economy held a hearing to review a revised draft of the Chemicals in Commerce Act (CICA2). Representative John...
View ArticleTea Manufacturer Defeats Damages – Seeking Class Action Plaintiff in an...
In Lanovaz v. Twinings North America, Inc., 2014 WL 1652338, Case No. C-12-02646-RMW (N.D. Cal. April 24, 2014), the court granted-in-part and denied-in-part a motion for class certification in a false...
View ArticleR-E-S-P-E-C-T Those Rights of Publicity
Earlier this month, Katherine Heigl sued Duane Reade for $6,000,000 for tweeting a paparazzi photo of her leaving a Duane Reade drugstore, together with the caption “Love a quick #DuaneReade run? Even...
View ArticleGraphic User Interfaces (GUIs) Now Eligible For Design Patent Protection In...
On March 17, 2014, China’s State Intellectual Property Office announced an amendment to its current Guidelines for Patent Examination for design patent protection for graphic user interfaces...
View ArticleCan You See Me Now? Telemedicine Doctors Monitor Patients Remotely
You have a fever. Your stomach hurts. You have a cough and a runny nose. And to top it all off, your primary care doctor’s office is closed. What are you supposed to do? The answer is simple –...
View ArticleCalifornia Supreme Court to Determine Whether "Delay For Pay" Settlements in...
Historically, contending parties have settled patent infringement cases by agreeing that the allegedly infringing party will not manufacture the product at issue during the term of the patentee's...
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