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DEA Issues Proposed Rule Up-Scheduling Hydrocodone Combination Products from...

On February 27, 2014, the Drug Enforcement Administration (DEA) proposed an up scheduling for hydrocodone combination products under the Controlled Substances Act (CSA) from Schedule III to Schedule...

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NIST Issues Cybersecurity Framework

On February 12, 2014, the Obama administration released the "Framework for Improving Critical Infrastructure Cybersecurity" (the "Framework"), a voluntary cybersecurity framework developed by the...

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What is "Patent Marking?"

Patent marking is a way for a patent owner to let the public know an article is believed to be covered by one or more of its patents. This is referred to as “constructive notice” to the public that the...

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Unique Data Breach Settlement – A Sign Of Things To Come?

A judge in the United States District Court for the Southern District of Florida has approved a $3 million data breach class action settlement agreement between AvMed, Inc. and plaintiffs. The...

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Here Comes the Sun: Many gTLD Sunrise Periods Now Open

The modern era of general Top-Level Domains (gTLDs) is here. The last several years of discussion, negotiation, public comment, lobbying, applications, and objections have finally led to delegation of...

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Bitcoin - Turbulent Waters - Part Seven

“Virtual currencies”, and bitcoin in particular, continued to attract a lot of attention. The sudden demise of Mt. Gox (Japan), one of the largest bitcoin exchanges, adds to the mystery and mistrust...

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Experience Jimi Hendrix, Post-Mortem Publicity Rights - Experience Hendrix...

The U.S. Court of Appeals for the Ninth Circuit, reversing a district court’s ruling finding unconstitutional the provisions of the Washington Personality Rights Act pertaining to post-mortem publicity...

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Avoid the Anti-Corruption “Blacklist:” Chinese Agency Guidance

On March 1, 2014, Circular No. 50, which the Chinese National Health and Family Planning Commission (NHFPC) recently promulgated to regulate the conduct of pharmaceutical and medical device companies...

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USPTO Issues Guidance for Analyzing Subject Matter Eligibility of Claims...

Earlier today, in a memorandum issued to the Patent Examining Corps by Deputy Commissioner for Patent Examination Policy Andrew Hirshfeld, the U.S. Patent and Trademark Office implemented a new...

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Does Your Company Have An Information Security Program? Is it Up To Date?

The data breaches that Target, Michael’s, Nieman Marcus and other large companies have suffered recently have gained a great deal of attention in the media. These public and costly embarrassments serve...

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FDA Issues Revised Draft Reprints Guidance

On February 28, 2014, the Food and Drug Administration (“FDA”) released a revised draft guidance for industry entitled “Distributing Scientific and Medical Publications on Unapproved New...

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USPTO to Apply Myriad Beyond Isolated DNA

Today, the United States Patent and Trademark Office (“USPTO”) issued a Guidance, advising examiners and the public of the factors for determining whether an invention satisfies the U.S. Supreme...

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Liability Insurer May Have to Cover Knockoff Jewelry Site for Allegedly...

Have you always wanted to own “The One Ring to Rule Them All” of Lord of the Rings fame? Do you dream of an engagement ring just like Kate Middleton’s? Your dreams can come true with a visit to...

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USPTO Issues New Patent Subject Matter Eligibility Guidelines

The USPTO has issued new patent subject matter eligibility guidelines to aid examiners in applying the principles of Myriad and Prometheus to any claim “reciting or involving laws of nature/natural...

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How to Secure Information Systems: The Growing Complexity of the Legal Landscape

While businesses take a more cautious approach to how they handle IT security threats, these are becoming increasingly complex and sophisticated. Denial-of-service attacks, software tampering (e.g....

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Sports, Media and Entertainment Intelligence - March 2014

Italy: Opportunities for DTT frequencies in the Italian market - The Italian Ministry for Economic Development has started a competitive bid for three national DTT frequencies. Australia: Senate...

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USPTO Issues New Guidelines on Subject Matter Eligibility Under 35 USC 101 in...

The USPTO issued new guidelines for determining if claims are eligible for patenting in light of the Association for Molecular Pathology v. Myriad Genetics, Inc., 569 U.S., 133 S. Ct. 2107, 2116, 106...

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FDA Proposes Policy Change Concerning 5-Year NCE Exclusivity for Certain...

Prompted by citizen petitions filed by Ropes & Gray and by two other companies, FDA issued draft guidance proposed a change in the Agency’s interpretation of 5-year new chemical entity (“NCE”)...

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March 5, 2014

New Filings - Medtronic, Inc. filed IPR2014-00487 challenging claims 1-14, 19, 20, and 23-27 of U.S. Patent No. 8,361,156 on Systems and Methods of Spinal Fusion, assigned to Nuvasive, Inc....By:...

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European Privacy Reform: Council Chooses Quality Over Speed

On March 4, 2014, a policy debate was held in the European Justice and Home Affairs Council concerning the planned General Data Protection Regulation. The debate focused on several issues related to...

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