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Additional Discovery Relating to Real Party in Interest

In VMware, Inc. v. Good Technology Software, Inc., IPR2014-01324, Paper 11 (October 20, 2014), the Board allowed the patent owner to move for additional discovery regarding the real party in interest, one of the few topics...more

Beyond Borders: The Reach of Motorola Mobility LLC v. AU Optronics Corp. et al.

On November 13, 2014, the Seventh Circuit will hear oral arguments on a motion for rehearing in Motorola Mobility LLC v. AU Optronics Corp. et al., to consider the reach of the Sherman Act outside of the United States borders...more

United Therapeutics Corp. v. Sandoz, Inc.

Nature of the Case and Issue(s) Presented: UTC claimed that Sandoz induced infringement of the ’007 patent by instructing physicians to dilute its product for use intravenously. The asserted claim required a particular...more

ADA Claims Coming for Retailers This Holiday Season for Inaccessible Websites

The Department of Justice takes the position that websites are covered by the Americans with Disabilities Act (ADA). More claims are being filed by plaintiffs targeting retailers whose websites are inaccessible to consumers...more

Psst, a 3rd party ethics reporting system benefits any organization

"... even popular social media platforms, but, sh, don't tell" - Kind of like confessions in a personal diary, Whisper is an app that lets users anonymously share their secrets with millions of others in acts of...more

California Court Raises Anew Questions of Standing in Data Breach Cases

There is no question that data breaches are among the most common and costly threats to consumers and companies alike. What remains the subject of vehement debate is whether plaintiffs in cyber-attack cases must allege stolen...more

CASL 2.0: The Computer Program Provisions (Part 2)

In Part 1 we looked at some basic concepts. In Part 2, we look at “enhanced disclosure” requirements. If the computer program that is to be installed performs one or more of the functions listed below, the person who...more

Blog: Starting a Coding School? Do Your Homework!

So-called “coding boot camps” are a hot business idea these days. Companies that provide courses on coding serve an important social need, giving people the tools they need to get jobs in the digital economy. The programs...more

Court Decisions in the U.S. and China Bolster Law Enforcement’s Ability to Prosecute Global Corporate Corruption

On October 6, 2014, the United States Supreme Court declined to accept an appeal involving violations of the Foreign Corrupt Practices Act (“FCPA”)—the U.S. statute that criminalizes the bribing of foreign officials. The...more

Big Data, Big Privacy Issues

Last week, a resolution on big data was adopted under the auspices of the 36th International Conference of Data Protection and Privacy Commissioners (hereafter: “ICDPPC”). After earlier guiding documents released this year...more

Do-Gooders Need Not Apply

According to its mission statement, Consumer Watchdog is a non-profit entity “dedicated to providing an effective voice for taxpayers and consumers in an era when special interests dominate public discourse, government and...more

ISO/IEC 27018 – New Code of Practice Promotes Privacy Protection in the Cloud

The Privacy Commissioner of Canada has made it clear that, while privacy is not a barrier to businesses using cloud computing, it must be taken into consideration. Related guidance has been issued in which businesses are...more

Entangled in the Web of Things

By finding new uses for data, the Internet of Things heralds a host of challenges - Within a decade, analysts say, the “Internet of Things” will have transformed our lives. Billions of Internet-connected devices will...more

OIG Special Advisory Bulletin Provides Guidance on Application of Federal Anti-Kickback Statute to Pharmaceutical Manufacturer...

In recent years, copayment coupon programs have become standard promotional practices for both large and small pharmaceutical manufacturers. Copayment coupons are typically offered to commercially insured patients in order to...more

The Indefiniteness of What is "Routine, Well-understood and Conventional" in Assessing Patent Eligibility of Diagnostic Method...

Castigating the Supreme Court, at least in patent circles, has become as prevalent as the Court's forays into patent law have been to overrule the Federal Circuit. While even those who give the Court the benefit of the doubt...more

New E-Labelling Rules for Technology Devices

Effective October 3, 2014, Industry Canada revised labelling requirements for devices required to be certified or registered which have an integral (non-removable) display screen. This would include devices such as...more

PCAST Calls for Nanotechnology Community to Take on National Nanotechnology Grand Challenges

On October 10, 2014, the Office of Science and Technology Policy (OSTP) announced that the President’s Council of Advisors on Science and Technology (PCAST) released the Report to the President and Congress on the Fifth...more

We double checked, and we were right!

Several of the Board’s decisions in inter partes reviews are now on appeal. The statute specifically allows the Patent Office to intervene, which is bit like allowing a district court judge to intervene in the appeal of a DJ...more

New York DFS Superintendent Lawsky Comments On Virtual Currency and Bitcoin Regulation

On October 14, Superintendent Lawsky delivered remarks on virtual currency and Bitcoin regulation in New York City. Specifically, Lawsky addressed the comments received in connection with the DFS’s July 17 proposal to...more

PTAB Disqualifies Art as Being Non-Analogous to Claimed Invention

A limited number of cases, to date, have dealt with the issue of analogous prior art in an obviousness analysis. In Schott Gemtron Corp. v. SSW Holding Co., IPR2014-00358, the Board addressed this type of issue, finding in...more

Obama Takes on Fraud - and how you can too

Does the Secret Service let identity thieves through the door too? That might have been the question Barack Obama was asking himself when his credit card was declined recently after having a nice dinner in New York...more

New York Attorney General’s Office Settles With Large Financial Institution

On October 15, the New York Attorney General’s office announced a settlement with a large financial institution in connection with a 2012 data breach. Of the $850,000 settlement agreement, New York State will receive over...more

Walgreens CFO Jettisoned After $1 Billion Forecasting Error

Walgreen Co. CFO Wade Miquelon and another high-ranking executive in the company were let go from their positions after the revelation of a $1 billion projection error affecting the corporation’s Medicare-related business....more

OIG Proposes New Safe Harbors to the Anti-Kickback Statute and New Exceptions to the Two Civil Monetary Penalty Provisions

On October 3, 2014, the Department of Health and Human Services’ Office of Inspector General (“OIG”) published a proposed rule (“Proposed Rule”) to add new safe harbors to the federal health care program anti-kickback statute...more

Novartis Pharms. Corp. v. Par Pharm., Inc.

Nature of the Case and Issue(s) Presented: The one asserted claim in the ’031 patent, claim 7, depends from non-asserted independent claim 1. Claim 7 narrows claim 1 by limiting it to a specific delivery method and requires...more

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