AIA Statistics: A Closer Look at the Outcome of AIA Trials Based on the Year...
Since September 16, 2012, inter partes review (IPR) and covered business method (CBM) review have been available as proceedings to challenge the validity of patents before the PTO. This article looks...
View ArticleWeek in Review - May 2014
Large internet companies dominated the legal news this week. In a case against Google, the European Union's top court ruled that citizens may compel search-engine owners to remove certain types of...
View ArticleGetting To The Real Issue On The Senate Subcommittee's Advertising Report
The "Security" Part - When reading the Majority and Minority Staff Report from the Permanent Subcommittee on Investigations ("The Subcommittee") regarding the "Hidden Hazards to Consumer Security and...
View ArticleOpen for Business: The PTO Offers a Fast and Low-Cost Shot at Invalidating...
Business method patents exploded in the mid-1990s, leaving companies vulnerable to patents that many felt never should have been issued. The expense of litigation and the high hurdle to invalidating...
View ArticleIs the Password Finally Dead? Fernando Corbató Hopes So.
As noted in a recent article in the Wall Street Journal, although his impact on our daily lives arguably rivals that of Bill Gates, Mark Zuckerberg, and other giants in the computer industry, the name...
View ArticlePutative Maybelline Makeup Class Fades In California District Court
The District Court for the Southern District of California denied certification in a California consumer class action in which Plaintiffs’ claimed that Maybelline falsely labeled and advertised its...
View ArticleMarkush claims under Australian patent practice
Markush claims are a common form of claim in the field of chemistry. Markush claims essentially claim a core molecular structure and cover a wide range of substituent groups that can be substituted on...
View ArticleA Primer on the European Community Trademark
Trademarks used to be protected in Europe, for the most part, by registering them before the trademark office of each nation of interest. However, trademark registrations obtained under the national...
View ArticleCalifornia's New How-to Guide for Privacy Policies
On Wednesday, the Attorney General of California released a new privacy guide, titled Making Your Privacy Practices Public. The guide doesn’t purport to be a restatement of California law (or other...
View ArticleWhite House "Big Data" Report Highlights Benefits and Potential for Abuses...
The White House this month released its long-awaited report on big data: "Big Data: Seizing Opportunities, Preserving Values". The report was requested by President Barack Obama and addresses the ways...
View ArticleNews From Abroad: Australia Is a Favourable Jurisdiction for Innovator...
Due to the complexity of Australian patent litigation, it can take more than 18 months for a patent dispute to be finally determined by a judge. This is more than enough time for an infringing...
View ArticleFlorida Federal Judge Approves Settlement Agreement Providing Payments to All...
On February 28, 2014, in Resnick et al. v. AvMed Inc., a Florida federal judge gave final approval to a groundbreaking settlement agreement in a data breach class action lawsuit. The settlement for the...
View ArticleMay Flowers for GSK? The Corruption Investigation Deepens
April showers bring May flowers, at least that is the old truism. One place it is decidedly correct is at the RHS Chelsea Flower Show, which began its run as one of the, if not the greatest, annual...
View ArticleFederal Circuit Grants Emergency Stay of Preliminary Injunction for Critical...
Edwards Lifesciences AG v. CoreValve, Inc. - Less than one week after a district court granted a preliminary injunction, banning some U.S. sales of some of CoreValve’s heart valve system, the U.S....
View ArticleCourt Invalidates 340B Orphan Drug Rule
In a blow to government efforts to regulate the 340B Drug Discount Program, U.S. District Judge Rudolph Contreras has ruled that HRSA lacks regulatory authority to promulgate regulations expanding...
View Article“Lucky 13” Is Not So Lucky For Swift
Born on December 13, 1999, Taylor Swift touts the number 13 as her lucky number. The second sentence on her Website is “I love the number 13.” This love is often memorialized by a henna tattoo on her...
View ArticleCMS and ONC Propose Rule to Help Providers Make Use of EHR and to Extend...
The Centers for Medicare and Medicaid Services (CMS) and the Office of the National Coordinator for Health Information Technology (ONC) announced a proposed rule, on May 20, 2014, that would allow...
View ArticlePejorative Statements by Former Patient are not Defamatory, but Protected...
It is fair to say that doctors trade on their reputations more so than most other professionals. When one relies on the doctor to ensure his or her health, and occasionally save a life, the import of...
View ArticleMexico Consumer Entertainment Spend Grows Rapidly; Now at 4.5 Billion USD
According to research from Futuresource Consulting, consumer spending on video and TV entertainment in Mexico reached USD 4.2 billion in 2013, recording a 9% growth. The company is also optimistic and...
View ArticleStop the Presses! Senate Directs FDA to Meet With Stakeholders Before...
As previously discussed, the recent flurry of U.S. Food and Drug Administration (FDA) activity following passage of the Drug Quality and Security Act (DQSA) in November 2013, including the issuance of...
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