Buchanan Ingersoll & Rooney PC

Federal Circuit Vacates PTAB Decision Based on Overly Broad Claim Constructions

In Los Angeles Biomedical Research Institute v. Eli Lilly and Co., No. 2016-1518, the Federal Circuit vacated the Patent Trial and Appeal Board’s determination of unpatentability in an inter partes review (IPR) proceeding,…more
| Administrative Law, Intellectual Property, Science, Computers, & Technology

The Supreme Court Is Hearing a Case Today That Could Change How We Determine If a Property Is the Subject of a Regulatory Taking

This year the Supreme Court of the United States will hear a highly-anticipated regulatory takings case that may determine whether two legally divided, but commonly held parcels, should be considered as one parcel in a takings…more
| Constitutional Law, Real Estate - Residential, Zoning, Planning & Land Use

News from Second and State

Weekly Wrap - Thanks to Winter Storm Stella, the House of Representatives made short work of this week’s session; adjourning on Monday afternoon to allow members to have a safe trip back to their districts. There was…more
| Elections & Politics, Health

DOJ Announces Temporary Extension of FCPA “Pilot Program”

The U.S. Department of Justice (DOJ) announced on March 10, 2017 that it will temporarily extend the “Pilot Program” applicable to offenses under the U.S. Foreign Corrupt Practices Act (FCPA). Previously set to expire on April…more
| Business Organizations, Commercial Law & Contracts

Using Functional Language to Define the Capabilities of Structure

35 USC § 112(b) requires that the specification of a patent “conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention". The failure of a…more
| Intellectual Property, Science, Computers, & Technology

News from Second and State

Weekly Wrap - This was the third and final week of budget hearings for the House of Representatives and Senate Appropriations committees. It was a busy one, too, with four full days of presentations on everything from…more
| Education, Elections & Politics, Health

Court Requires Employer to Investigate Whether “In Loco Parentis” Status Applies for a FMLA Request

Under the FMLA, eligible employees can take leave to care for a “parent,” which can include an individual who stood in loco parentis to an employee, such as someone who took care of the employee when the employee was a minor;…more
| Labor & Employment Law

Entity Selection Series | Part Two: The Benefits of a Corporation

In Part One of the entity selection series we discussed the benefits of a Limited Liability Company for organizing your business venture. In this edition, we will discuss the benefits of a standard corporation (a “Subchapter C”…more
| Business Organizations, Commercial Law & Contracts

Updates on Denial or Revocation of Passport in Case of Certain Tax Delinquencies

In 2015, a new law was passed to allow the IRS to use travel as a way to collect taxes by placing restrictions on a U.S. person’s passport if such U.S. person owes seriously delinquent tax debt. Generally, if a U.S. taxpayer has…more
| Taxation

USCIS Will Suspend Premium Processing for All H-1B Petitions Beginning on April 3, 2017

On March 3, 2017, U.S. Citizenship and Immigration Services (USCIS) announced that, beginning on April 3, 2017, it will temporarily suspend Premium Processing for all H-1B visa petitions. Premium Processing is a USCIS service…more
| Immigration Law, Labor & Employment Law

Weekly Wrap

Budget hearings were the name of the game again this week, with a few other committee meetings sprinkled in throughout the week. In the House of Representatives on Monday, the Department of Environmental Protection (DEP)…more
| Elections & Politics

Discovery of Secondary Considerations Information at PTAB

The Patent Trial and Appeal Board’s rules allow parties to request discovery in inter partes review proceedings.[1] In light of the strict standard for authorizing “additional discovery,” these requests are granted in very…more
| Intellectual Property, Science, Computers, & Technology

An Introduction to Warrants

What is a Warrant? A warrant generally is a contract that gives the holder the right to buy a specified number of shares of stock of a company at a defined price and during a specified period of time. A warrant is to an…more
| Business Organizations, Finance & Banking, Securities Law

Supreme Court Rules a “Single Component” Cannot Constitute Infringement Under 35 U.S.C. §271(f)(1)

Producing “all or a substantial portion of the components of a patented invention” in the U.S. “in such manner as to actively induce the combination of such components outside of the United States in a manner that would infringe…more
| Intellectual Property, Science, Computers, & Technology

Under the Same Precedent, Different Estoppel Standards Have Developed in the PTAB and the District Courts

While Congress was debating the provisions of the America Invents Act (AIA), some lawmakers proposed that inter partes review (IPR) and post-grant review (PGR) should be a substitute for invalidity challenges at district court,…more
| Intellectual Property, Science, Computers, & Technology
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