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MarkIt to Market® - November 2016

The November 2016 issue of Sterne Kessler's MarkIt to Market® includes practical tips for registering certification marks, a look at the Trademark Trial and Appeal Board's latest revisions to the Rules of Practice-its most...more

Federal Court Rules that FEC Cybersecurity Study is Exempt from FOIA Disclosure

Last week, a D.C. federal judge ruled that an investigative reporter was not entitled to a 2014 cybersecurity study performed by an outside vendor detailing vulnerabilities in the Federal Election Commission’s information...more

Federal Circuit Firmly Rejects PTAB Criteria For Covered Business Method Review - Brooks Kushman Post-Grant

In a recent panel decision that deviates from the Federal Circuit’s current tendency to defer to the U.S. Patent and Trademark Office’s interpretation of the Leahy-Smith America Invents Act, the court vacated a final written...more

FAA Sends Proposed Rule for Drone Flights over People to the White House OIRA

Recently, the Federal Aviation Administration (FAA) proposed a new rule for performance-based standards and means-of-compliance for operation of small unmanned aircraft systems (UAS or “drones’) over people who are not...more

District Court Orders Additional Claim Construction Briefing After Plaintiff Appeared to Argue a Different Position in Other...

After the district court conducted a claim construction hearing (but before it issued an order), the district court stayed the litigation between Finjan and Symantec pending a decision by the PTAB regarding whether to...more

Basics of the BPCIA

The FDA broadly defines biologics as medical products derived from living sources (human, animal, plant, or microorganism) intended to treat or prevent diseases. Biologics thus include such varied vehicles of medical...more

In re NuVasive Brings the Administrative Procedure Act to IPRs

NuVasive owns US 8,187,334, which claims certain spinal implants. Medtronic filed a petition challenging various claims of the ‘334 patent as obviousness over US 2002/0165550 (Frey) in view of US 5,860,973 (Michelson). ...more

JW Marriott and DJI, Drone-Maker, Partner Up for Drone Experience Program

JW Marriott Hotel & Resorts (Marriott) and DJI, one of the world’s largest drone makers, have partnered up to launch the hotel chain’s first Drone Experience Program; a program which will provide guests with the opportunity...more

Freedom to Operate and the Use of AIA Review

Freedom to Operate: •Identifying infringement risk •Third party patent (infringement) – claim searching –Timing •Discrete, continuous –Searching •In-house, search agency –Screening/analyzing •Ranking...more

Failure to Let Patent Owner Address Unpatentability Arguments Relied on by the Board Violates Administrative Procedures

The Federal Circuit has ruled that the Patent Trial and Appeal Board cannot deny Patent Owner an opportunity to address portions of a prior art reference first discussed in Petitioner’s Reply, and then rely on those same...more

FDA Holds Public Hearing on Manufacturer Communication of Scientific and Medical Information

On November 9 and 10, 2016, FDA held a public hearing to obtain input on manufacturer communications involving unapproved uses of approved or cleared medical products (i.e., “off-label” uses). The hearing was moderated by...more

Night Ops –Top Requested Part 107 FAA Waivers

At a recent Commercial Unmanned Aerial Vehicles (UAV) Expo in Las Vegas, Nevada, a Federal Aviation Administration’s (FAA) attorney, Dean Griffiths, explained that the top three requests for Part 107 commercial drone...more

Patentee's Day of Thanks Comes in Early November: Assessment of the USPTO's Recent Memorandum Regarding Patent Eligibility for...

A recent U.S. Patent & Trademark Office (USPTO) memorandum to the Patent Examining Corps, in combination with precedential cases from the Federal Circuit, provides positive guidance to owners of software patents and patent...more

Software as a Medical Device: FDA Releases Draft Guidance

Companies that develop software that functions as a medical device should be aware that the Food and Drug Administration (FDA) has issued draft guidance that, once finalized, will classify the endless variety of Software as a...more

Major Security Breach Reported to Congress By Federal Bank Regulator

Recently, the Office of the Comptroller of the Currency (OCC) informed Congress that it had suffered a major information security incident. The agency reported that, in November 2015, a former employee downloaded over...more

In re Aqua Products: The Convergence of Administrative and Patent Law

Administrative law has permeated virtually every field of federal practice. Interestingly, patent practitioners have avoided this trend for some time. But this appears to be changing. See, e.g., Dickinson v. Zurko, 119 S. Ct....more

Ferring Pharms., Inc. v. Burwell

Case Name: Ferring Pharms., Inc. v. Burwell, Case No. 15-0802 (RC), 2016 U.S. Dist. LEXIS 121826 (D.D.C. Sept. 9, 2016) - Drug Product and Patent(s)-in-Suit: Prepopik® (sodium picosulfate, magnesium oxide, anhydrous...more

Medtronic v. Robert Bosch – Has the Federal Circuit closed the door on reviewing IPR institution decisions?

On October 20, 2016, the Federal Circuit issued yet another opinion finding that the Patent Trial and Appeal Board’s decisions related to the institution of an inter partes review (IPR) are not subject to judicial review. ...more

Hackers Cause Consumer Drones to Fall from the Sky

Last week at the PacSec security conference held in Tokyo, a new device capable of fully infiltrating radio-controlled drones was unveiled by researchers. This new device exploits a vulnerability in the frequency-hopping...more

FDA Launches Website for Allegations Against Medical Device Manufacturers

The U.S. Food and Drug Administration (FDA) recently launched a website1 that will now make it easier to report allegations of medical device manufacturer misconduct to the agency.2 Misconduct reports were historically...more

FAA Issues Guidance for Part 107 Waivers and Airspace Authorizations

The Federal Aviation Administration (FAA) issued a short press release and guidance on Part 107 waivers and airspace authorizations for commercial drones. Since the final drone operations rule was issued in August 2016, the...more

Accepting Anonymous Tips: FDA's Website for Reporting Medical Device Regulatory Misconduct

For device manufacturers and sellers, the website represents another source of information to monitor for possible challenges ahead. Unidentified tipsters — from disgruntled former employees to plaintiffs’ attorneys —...more

Extra, Extra, Read All About it, Newsgathering Drones Increasingly Hitting the Skies

Since the Federal Aviation Administration (FAA) started allowing commercial drone operations, media organizations have moved quickly to get their own newsgathering drones in the skies. Recently, Sinclair Broadcast Group...more

Tech & Car Companies Resist California's Proposed Autonomous Vehicle Rules

A who’s who of the automotive and tech sector reacted with concern at the state of California’s proposed rules for autonomous vehicles. Among other things, the companies were not happy that what the United States made...more

Picking Up Speed: DOT Releases Guidance on Automated Vehicles

New NHTSA guidance represents the federal government’s first attempt to develop a comprehensive regulatory structure for automated vehicles. This transformative technology offers vast promises and significant concerns...more

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