Non-Direct Competitors May Sue Under the Lanham Act, Doctrine of Prudential...
The Supreme Court of the United States swept away the different standards for Lanham Act prudential standing previously applied by the courts of appeals, and expressly discarded the amorphous concept...
View ArticleProvisions of Interest to Labs in the Protecting Access to Medicare Act of 2014
The Protecting Access to Medicare Act of 2014 (HR 4302), signed by President Obama yesterday, contains a number of provisions that are important to clinical laboratories, and they include......By:...
View ArticleThe FTC Takes a Closer Look at Alternative Scoring Products
The Federal Trade Commission (“FTC”) hosted a panel discussion, in late March on “Alternative Scoring Products” as part its 2014 Spring Privacy Series, signaling the Commission’s increased attention on...
View ArticleA “Program” Is Just a Set of Instructions - Ancora Technologies, Inc. v....
In a case essentially decided on a single disputed claim construction, the U.S. Court of Appeals for the Federal Circuit rejected a narrow construction of the claim term “program” and construed the...
View ArticleThe Internet of Things Part 2: The Old Problem Squared
Cisco estimates that 25 billion devices will be connected in the Internet of Things (IoT) by 2015, and 50 billion by 2020. Analyst firm IDC makes an even bolder prediction: 212 billion connected...
View ArticleData Protection – Italian Fine for Google Inc.
Yet another data protection headache for Google Inc.? Today a number of newspapers reported the news regarding a fine issued against Google. In reality this is the result of a two years procedure...
View ArticleCalifornia District Court Holds That Named Plaintiff’s Lack Of Credibility On...
The U.S. District Court for the Central District of California denied class certification in a product mislabeling case after holding that named plaintiff lacked credibility on a material issue and,...
View ArticleUpdated Location Privacy Protection Act Introduced
On March 27, 2014, Senator Al Franken (D.-Minn.) introduced the Location Privacy Protection Act of 2014, a bill that addresses so-called “stalking apps.” While Senator Franken’s intent is to target...
View ArticleMedicare OPPS Lab "Packaging" Policy Raises Bundle of Issues
In previous Payment Matters articles, we described a policy included in the 2014 hospital outpatient prospective payment system (OPPS) final rule that would “package” certain clinical laboratory tests...
View ArticleSummary of Clinical Laboratory Fee Schedule Reform Provisions in the...
On April 1, the Protecting Access to Medicare Act of 2014 was enacted into law (Pub. L. 113-93). Section 216, entitled Improving Medicare Policies for Clinical Diagnostic Laboratory Tests, modernizes...
View ArticleRedbox Covers the Nation with Red Box DVD Rental Units, But its CGL Policy...
Companies facing liability for possible violations of privacy protection statutes are continuing to look to their traditional commercial general liability policies (“CGL”) for coverage. But, as Redbox...
View ArticleCybersecurity Disclosure Heats Up
Due to the current proliferation of technology and electronic connectivity among various aspects of nearly every company’s business, cybersecurity risks continue to grow exponentially. However, the...
View ArticleGoogle gives UK “super flagger” powers
Google has granted the UK security services privileged “super flagger” status over YouTube videos, which enables the government to alert YouTube to videos deemed to threaten national security....By:...
View ArticlePreliminary opinion on privacy and competitiveness of big data issued by EDPS
The European Data Protection Supervisor (EDPS) has issued a preliminary opinion that addresses some of the issues and convergences in EU data protection, consumer protection and competition laws that...
View ArticleVirtual Currencies: International Actions And Regulations
Virtual Currencies: International Actions And Regulations. See Chart for more information....By: Perkins Coie
View ArticleIRS Issues Pronouncement on Virtual Currencies
On March 25, the Internal Revenue Service (IRS) issued Notice 2014-21 (notice) containing guidance and frequently asked questions relating to virtual currencies such as bitcoins. Among other...
View ArticleTech Company Shares Tech, Makes Self-Disclosure, Pays Penalty
On February 19, 2014, the U.S. Commerce Department announced that it had reached an agreement with Santa Clara-based Intevac, Inc. to settle allegations that Intevac violated U.S. export regulations...
View ArticleFCC Clarifies TCPA Mandates
The FCC last week issued two declaratory rulings interpreting the Telephone Consumer Protection Act (TCPA). While the rulings in each are limited to the specific requests set forth in the petitions,...
View ArticleThe USPTO Glossary Pilot Program
On March 24, 2014 the USPTO announced a Glossary Pilot Program following one of the White House’s recommendations aimed at improving clarity and increasing the quality of patents. In view of our last...
View ArticleProposition 65 Hot Button Issue: Caramel Coloring in Soft Drinks
Beverage companies PepsiCo and Goya face a spate of class action lawsuits relating to the caramel coloring in their soda drinks. In January, Consumer Reports, an independent product testing...
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