Recent Ruling May Put Dent In Ability of Government to Seize Domain Names
A November 2013 ruling from the United States District Court in a bankruptcy case may create an obstacle for a tactic increasingly popular among federal prosecutors – the seizure of a defendant...
View ArticleHHS Final Rule Allows Direct Patient Access to Laboratory Results
In a final rule published on February 6, 2014, the Department of Health and Human Services (HHS) amended the Clinical Laboratory Improvement Amendments (CLIA) regulations and the Health Insurance...
View ArticleHHS-OIG Criticizes 340B Drug Discount Program
I recently posted that 2014 is expected to be a year of major developments in the 340B Drug Discount Program, with HRSA receiving enhanced funding, stepping up audit activity, and drafting regulations...
View ArticleMore Open Questions About Open Payments Under the Sunshine Act
Last week, the Centers for Medicare & Medicaid Services (“CMS”) clouded the process for pharmaceutical and medical device manufacturers, and group purchasing organizations (“GPOs”), to register and...
View ArticleProtests Against Surveillance and New Rules on Transparency
Today, February 11, is a digital day of protest against surveillance by the National Security Agency. Billed ‘The Day We Fight Back“, participants in the protest range from activist groups to the...
View ArticleFederal Circuit Partially Confirms Longer Patent Terms Under Exelixis and...
On January 15, 2014, the U.S. Court of Appeals for the Federal Circuit confirmed that patent owners may be entitled to extended patent terms, a finding that is especially important for select...
View ArticleGermany: More detail around claims against “typo-squatting”?
According to its press release, the German Federal High Court (“BGH”) decided on 22 January (I ZR 164/12) that – in the particular case- the registration of a domain name which was a misspelled version...
View ArticleDrug and Device Manufacturers Beware: Comments Could Result in FDA Troubles
After appearing on CNBC television show Fast Money, the CEO of Aegerion Pharmaceuticals received a warning letter from the United States Food and Drug Administration (FDA) Office of Prescription Drug...
View ArticleComputer-Aided Selection Method Fails Patent-Eligibility
In SmartGene, Inc. v. Advanced Biological Labs., S.A., No. 2013-1186 (Fed. Cir., Jan. 24, 2014), the Federal Circuit held that a patent claiming the use of a computer to implement routine mental...
View ArticleOutward Bound
As Chinese companies have matured, they’re eagerly looking to the U.S. as a source for technology innovation, talent and market penetration, says Jackie Liu, a partner in Morrison & Foerster’s San...
View ArticleCalifornia Court Puts the Deep Freeze on Ben & Jerry’s Ice Cream Class Action
A putative class of plaintiffs filed suit against ice cream maker Ben & Jerry’s, alleging that labeling several of its frozen confections “all natural” when they contained alkalized cocoa made with...
View ArticleShe tweeted what?!
Employers may have become familiar with some of the legal and human resources issues involving social media use by employees. However, one social media platform offers an illustration of the many...
View ArticleGovernment Procurement: Increased Security Scrutiny in IT Supply Chains
New laws and regulations require contractors who supply information technology in their products to control supply chain risk. The US Government (USG) has adopted a series of laws and regulations that...
View ArticleFederal Circuit Upholds Lyrica Patents
In a non-precedential decision issued February 6, 2014, the Federal Circuit affirmed a district court decision that upheld the four Orange Book listed patents for Pfizer’s Lyrica® product. According to...
View ArticleFCC I/S/O Providers to Experiment with Rural Broadband Deployments Under...
As we recently reported, the Federal Communications Commission’s (FCC) “IP Transition Order” includes an experiment designed to test the feasibility of directing Connect America Fund (CAF) subsidies to...
View ArticleFacebook Fishing Expeditions Prohibited
In Root v. Balfour Beatty Const., LLC, 2014 WL 444005 (Fla. 2d DCA February 5, 2014), Florida joined a growing list of courts around the country that expressly prohibit “fishing expeditions” in social...
View ArticleDid You Miss Them? - Four Important Patent Cases In 2013
This article outlines the main findings in Apotex v Sanofi-Aventis, Cancer Voices Australia v Myriad Genetics, Research Affiliates and RPL Central each of which have important implications for patent...
View ArticleLast Week at the FEC: Potential Compromise For Disclaimers in Mobile...
Last week the Federal Election Commission met in executive session on Tuesday, February 4 but canceled its open meeting scheduled for February 6. The Commission was able to release a supplement to the...
View ArticleOIG Issues Report on Contract Pharmacy Arrangements Under the 340B Program
According to a recently posted report by the Department of Health and Human Services Office of Inspector General (OIG), covered entities utilizing contract pharmacies to dispense drugs under the 340B...
View ArticlemHealth Stakeholders: Updated Bullet List of Legal Considerations
You are a device maker, an app or software developer, a potential investor, a healthcare provider, a healthcare payor or an insurer and you see opportunities in mobile health (mHealth). You have an...
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