McDermott Will & Emery

Brexit Update: UK Employment Law Implications

In Depth - What laws will change now? - None. The United Kingdom will continue to be an EU Member State until procedures are completed for exiting the European Union. This is likely to be a long process that will…more
| International Law & Trade, Labor & Employment Law

Look to Specification to Interpret Facially Unclear Claims

Addressing claim construction issues, the US Court of Appeals for the Federal Circuit reiterated the necessity of reading claims in the context of the written description when they are not clear on their face. Howmedica…more
| Civil Procedure, Intellectual Property, Science, Computers, & Technology

Binding Contract or Completed Sale Not Necessary to Raise On-Sale Bar

Addressing the minimum requirements for raising an on-sale bar defense to patent infringement, the US Court of Appeals for the Federal Circuit reversed the district court, explaining that “[a]n offer to sell is sufficient to…more
| Commercial Law & Contracts, Intellectual Property, Science, Computers, & Technology

Narrow Construction May Apply When No Evidence Supports Broader Construction

Addressing claim construction issues, the US Court of Appeals for the Federal Circuit affirmed a claim construction limiting “communications path” to wired communications. Ruckus Wireless, Inc. v. Innovative Wireless Solutions,…more
| Civil Procedure, Intellectual Property, Science, Computers, & Technology

Inter Partes Review Institution Decisions Not Appealable, Broadest Reasonable Interpretation Remains Standard

In Depth - The Supreme Court of the United States (Justice Breyer writing for the majority) affirmed a US Court of Appeals for the Federal Circuit decision barring judicial review of most decisions regarding institution of…more
| Civil Procedure, Intellectual Property, Science, Computers, & Technology

D&O Insurance—Issues to Consider Before a Claim Arises

In Depth - Directors and officers (D&O) liability insurance remains a vital issue for companies and their directors and officers as potential sources of liability continue to evolve. More securities lawsuits were filed in…more
| Business Organizations, Business Torts, Commercial Law & Contracts, Criminal Law, Insurance

Evolving Patent Eligibility Standard for Computer-Implemented Inventions

Addressing the patent eligibility of computer-implemented inventions, the US Court of Appeals for the Federal Circuit concluded that under step one of the Alice eligibility test, claims directed to improvements in computer…more
| Intellectual Property, Science, Computers, & Technology

The New Willfulness Paradigm

The Supreme Court of the United States traced two centuries of analysis related to enhanced damages in patent cases to conclude that the US Court of Appeals for the Federal Circuit’s two-part test, announced nearly a decade ago…more
| Civil Procedure, Civil Remedies, Intellectual Property

Federal Circuit Distinguishes “Motivation to Combine” from “Expectation of Success” for Obviousness Purposes

Addressing issues of obviousness and the proper scope of inter partes review (IPR) reply briefs, the US Court of Appeals for the Federal Circuit upheld a Patent Trial and Appeal Board (PTAB or Board) IPR decision finding the…more
| Administrative Law, Intellectual Property

OIG Issues Report on Provider-Based Facilities, Urges CMS to Make Changes

In Depth - On June 16, 2016, the US Department of Health and Human Services Office of Inspector General (OIG) posted a report examining the Centers for Medicare & Medicaid Services’ (CMS’s) oversight of billing by…more
| Health

IRS Provides New 409A Guidance; New Proposed Regulations Provide Additional Clarity, Warn of Abusive Practices, and Present Planning Opportunities

In Depth - Additional flexibility to use Section 409A exemptions - ..Expanded availability of the rules for transaction-based compensation for stock rights and incentive stock options. The final regulations allow…more
| Finance & Banking, Labor & Employment Law, Securities Law, Taxation

Kirtsaeng II: Fees in Copyright Cases Depends on Reasonableness of Litigation Position

In Depth - Under 17 USC § 505, a “court may … award a reasonable attorney’s fee to the prevailing party.” However, when deciding whether to award attorneys’ fees under the Copyright Act’s fee-shifting provision, 17 USC §…more
| Civil Procedure, Civil Remedies, Intellectual Property

Online Sales Restrictions Remain a Hot Topic: UK CMA Issues Statement of Objections

On 9 June 2016, the UK’s Competition and Markets Authority (CMA) issued a statement of objections (SO) to Ping Europe Limited (Ping), a golf equipment manufacturer, alleging that Ping had breached EU and UK competition law by…more
| Antitrust & Trade Regulation, Commercial Law & Contracts, International Law & Trade

The Rocky Road of Evaluation for Digital Health Tools

Recent comments linking digital health tools to so-called “snake oil” has the channels of social media atwitter. (Add this post to the noise!) While some may decry the comparison, there is a lot we can learn from that…more
| Communications & Media Law, Health, Science, Computers, & Technology

Managing the Transition to Transformation: Is Your Organization Ready for the Shift to Alternative and Quality-Based Payment Models?

For many decades, at least since the passage of the Health Maintenance Organization Act of 1973, there have been reform efforts focused on moving the United States health care system away from fee-for-service (FFS) reimbursement…more
| Health
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