Science, Computers & Technology Updates

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U.S. Patent Office Provides Additional Examples of Eligible Subject Matter

After the Supreme Court case of Alice v. CLS Bank in 2014, the Patent Office has issued a series of examination guidelines and examples to guide examiners and patent practitioners in determining patent eligible subject...more

Certain Medical Devices Exempted from 510(k) Requirements

The Food and Drug Administration (FDA) recently identified a list of Class II Medical Devices that, when finalized, will be exempt from premarket notification (510(k)) requirements. This publication was made by the FDA...more

Border Searches of Your Electronic Devices — What Rights Do You Have?

The United States government has reported that border searches of electronic devices in the U.S. increased from 4,764 in 2015 to 23,877 in 2016. Because electronic devices have immense data storage capacity and can hold...more

New York Cybersecurity Regulations: What Do They Mean and When Do They Mean it By?

The New York State Department of Financial Services (NYDFS) has released guidance for covered financial institutions regarding its cybersecurity rule (the “Cybersecurity Rule” or “Rule”) that took effect on March 1, 2017. ...more

Google, NASA, Planes and a Stronger Legal Team

As Eastern Air Lines Flight 401 approached Miami International Airport on Dec. 29, 1972, its pilots extended the landing gear. Two green lights lit up in the cockpit, indicating the left and right landing gear had extended. A...more

New Mexico comes late to data breach party, requires promptness

Thirteen years after the first state data breach notification law was enacted, New Mexico has finally decided to join the other 47 states with such laws, sending HB15 in mid-March to Gov. Susana Martinez for signature...more

Sections 101 and 112: Eligibility, Patentability, or Somewhere in Between?

We wrote earlier about the Supreme Court’s renewed interest in patent eligibility and seemingly unintended confusion between the patent eligibility requirements of 35 U.S.C. § 101 and the remaining patentability requirements...more

FDA Approval for Medtronic’s Reveal LINQ ICM with TruRhythm Detection

On March 13, 2017, Medtronic announced FDA 510(k) clearance for its Reveal LINQ Insertable Cardiac Monitor (ICM) with TruRhythm Detection. Previously, Medtronic received Ministry of Health, Labor and Welfare approval for the...more

OCC's Proposed Licensing Guidelines Treat Fintech Charters Like Any Other National Bank

A fintech company considering a national bank charter will need to consider whether committing to a multi-year business plan is feasible in an industry that is constantly evolving, and in which the ability to respond quickly...more

Trump Budget Raises Questions about Approach to Cybersecurity

On Thursday, March 16, 2017, President Trump unveiled his “America First” budget blueprint. One of the most important quandaries for those in the cybersecurity world is how the proposal to reorganize the executive branch to...more

Your Daily Dose of Financial News

Eric Mindich—famous for becoming the youngest-ever Goldman partner at 29—is shuttering his Eton Park Capital Management hedge fund and returning the $7 billion it manages to investors. Viewed along with Pershing Square’s...more

Merck Fails to Obtain Summary Judgment on Preemption Defense – Third Circuit Rules “Impossibility Preemption” Presents a Question...

In re: Fosamax (Alendronate Sodium) Products Liability Litigation, Nos. 14-1900 et al. (3d Cir. March 22, 2017). In a precedential decision issued on March 22, 2017, the United States Court of Appeals for the Third...more

Contract Corner: Contracting Strategies Can Help Navigate Changing Environments (Part 1)

If you have been around technology-centric work for a while, you may have come to realize that many “technology” programs really aren’t about technology at all—the technology simply functions as a conduit for business change....more

M&A Activity in the Connect Vehicles Sector: More Antitrust Filings on the Horizon?

M&A activity in the connected vehicles sector might need to be notified to antitrust authorities, even when the target has limited revenues, as shown by the recent Intel/Mobileye deal. Connected vehicles (or, taking it...more

Advertising Law - March 2017 #3

Stop Pulling My Leg: Pully Block Systems Not “Made in USA” - A distributor of pulley block systems agreed to stop making what the Federal Trade Commission said were false, misleading and unsupported claims that its...more

Quantity - Not Quality - Counts for Patent Infringement: More Than One Component of an Invention Must be Supplied for Patent...

The U.S. Supreme Court recently held in a recent decision in Life Technologies Corp v. Promega Corp. that the "supply of a single component of a multicomponent invention for manufacture abroad does not give rise to §...more

DFARS: Safeguarding Covered Defense Information and Cyber Incident Reporting

Data protection and cybersecurity have been receiving ever-increasing attention within the U.S. federal government. Last October, the DoD issued two final rules that changed the U.S. Department of Defense (“DoD”) Federal...more

National Academies Report Finds Future Biotechnology Products May Overwhelm Agencies

On March 9, 2017, the National Academies of Sciences, Engineering, and Medicine (National Academies) published a report entitled Preparing for Future Products of Biotechnology, prepared by the Committee on Future...more

Supreme Court Holds Laches Is Not a Defense to Patent Infringement Damages

On March 21, 2017, in SCA Hygiene Products v. First Quality Baby Products, LLC, the Supreme Court overturned long-standing Federal Circuit law regarding the defense of laches, holding that laches is not a defense to damages...more

Fashion Law Newsletter - March 2017

"Fashions fade, style is eternal." - Yves Saint Laurent - Welcome to our latest edition of Fashion Law where we provide you with the latest updates on legal issues affecting the fashion industry. In this issue we...more

Electronic signatures: are we getting there?

Despite the availability of a wide variety of technology solutions which allow parties to use electronic signatures with a level of certainty comparable to that of using handwritten signatures, and the existence of a legal...more

Abbvie Files Amicus Brief in Amgen V. Sandoz Supreme Court Case

On February 17, 2016, we reported that Amgen and Sandoz had both petitioned the U.S. Supreme Court for review of the Federal Circuit’s decision in Amgen v. Sandoz, each seeking to advance their respective positions on whether...more

New York Department of Financial Services Cybersecurity Regulation Takes Effect

Earlier this month, the new cybersecurity regulation from the New York Department of Financial Services (“DFS“) took effect. The new regulation requires banks, insurance companies and other financial services institutions...more

A Startup Attorney’s Tips to Advance Private Company Diversity

One of the biggest contributors to a lack of corporate diversity is the size of a company. And the problems are often traceable to the company’s leanest, earliest days. One of my key messages to clients is that it’s never too...more

New Mexico and its New Data Breach Notification Law

We are almost to a point where all 50 states and the District of Columbia will have some form of data breach notification law on their books to protect residents’ personally identifying information (PII) in the event of a...more

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