Do the Metes and Bounds of Patent Claims Limit Academic Freedom?
To decide whether patent law may limit academic freedom, consider three issues. First, whether the background rules of law provide protection for academics. Second, whether the areas covered by patents...
View ArticleDelaware Court of Chancery Invalidates Consent Due to Inadequate Disclosures
The Delaware Court of Chancery recently invalidated a written consent of a Delaware pharmaceutical corporation due to inadequate disclosures to stockholders....By: Katten Muchin Rosenman LLP
View ArticleGermany’s Magic Portal
Representing about 40 million TV households, Germans now receive virtually all on-demand content by Blu-ray Disc or DVD. Video-on-demand services are set to change that over the next three to five...
View ArticleStatus Updates - June 2014
..The CIA has entered the realm of social media, setting up a Twitter presence and a Facebook account. There one can find, among other things, reflections on intelligence history and fun facts from the...
View ArticleGeneric Drug Company Licensees Avoid Patented Medicines Price Oversight
In nearly identical decisions released on May 27, 2014, Sandoz Canada Inc v Canada, 2014 FC 501 (Sandoz) and ratiopharm Inc v Canada, 2014 FC 502 (ratiopharm), the Federal Court of Canada held that...
View ArticleDeveloping a Meaningful Privacy Policy
In May 2014, California’s Attorney General Kamala Harris released recommendations for businesses addressing recent changes and best practices under California’s privacy laws. The guide is entitled...
View ArticlePurgation Case Still Held Up
Braintree Laboratories, Inc. v. Breckenridge Pharmaceuticals, Inc. Case Number: 1:12-cv-06851-AJN (Dkt. 69) - Judge Nathan approved the parties’ proposal to maintain the case on administrative hold...
View ArticleFDA Issues Draft Guidance Relating to Distribution of New Risk Information...
On June 6, 2014, the Food and Drug Administration (“FDA”) issued two documents that reflect the agency’s ongoing effort to clarify its regulatory approach regarding manufacturer communication of...
View ArticleIllinois “Blasts” Non-TCPA Causes of Action Out of Coverage
In G.M. Sign, Inc. v. State Farm Fire & Cas. Co., 2014 IL App (2d) 130593 (May 2, 2014), the Illinois appellate court enforced a policy’s Violation of Statutes Exclusion endorsement to preclude...
View ArticleHouse committee questions authority of a DHHS staff division to regulate...
Is the Office of the National Coordinator for Health Information Technology (ONC) overstepping its statutory authority in pursuing enhanced regulatory activity? A June 3, 2014 letter from the House...
View ArticleGeneric Top Level Domains - Current Sunrise Periods Open
As first reported in our December 2013 newsletter, the first new generic top-level domains (gTLDs, the group of letters after the "dot" in a domain name) have launched their "Sunrise" registration...
View ArticleThe IRS will not flag, identify or otherwise note a SSN that may be subject...
Nearly every day there’s another news story about another company suffering a data breach, either as a result of a lost or stolen device or because the company was hacked. Talk to any number of...
View ArticleKarl the Infringer: Parody of New Balance Sneaks Up on Lagerfeld
Sometimes there is a news story that neatly weaves a bunch of DuetsBlog posts together like a Bottega Veneta shoe fabric design. Sometimes that story comes from hard-hitting news authority TMZ, founded...
View ArticleCalifornia AG Provides Important Guidance on Do-Not-Track Legislation and...
On May 21, 2014, the California Attorney General, Kamala Harris, released guidelines entitled "Making Your Privacy Policy Public"[1] to help websites and mobile app operators comply with their...
View ArticleAn American Attorney in Canada (Part 1: Copyright)
Okay, so maybe it’s neither as romantic as Gershwin’s “An American in Paris“, nor as historical as Mark Twain’s “A Connecticut Yankee in King Arthur’s Court,” but many US lawyers do find themselves...
View ArticleHershey Is Not So Sweet on Maryland Senator’s HERSHEY Campaign Logo
When you think of The Hershey Company, you think of delicious chocolate candy bars, chocolate kisses, and a fabulous amusement park in Hershey, Pennsylvania. The company’s brown candy bar wrappers with...
View ArticleSEC Decision Regarding TIC Advertisements Offers Broader Lessons About...
Earlier this year, the SEC found that CapWest Securities, Inc., a defunct broker-dealer, had failed to comply with advertising rules in promoting investments that use Section 1031 of the Internal...
View ArticleEnforcement Action – FTC Is Not Backing Down and Laboratory Company Goes...
The Department of Health and Human Services (HHS) Office for Civil Rights (OCR) is not the only government arm that enforces data breaches. The Federal Trade Commission (FTC) has broad authority to...
View ArticleMore States Restrict Employers’ Access to Employees’ Social Media Accounts
As first discussed in McDermott Will & Emery’s Privacy and Data Protection 2013 Year In Review, state legislatures are enacting laws limiting employers’ ability to access the social media accounts...
View ArticleHealth Care Update - June 2014
In This Issue: - Momentum for Telemedicine Policy Reform Continues - Implementation of the Affordable Care Act - Other Federal Regulatory Initiatives - Other Congressional and State Initiatives - Other...
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