Mintz Levin

Congress Proposes Legislative “Fixes” to Drug Industry Rules Believed to Be Contributing to High Costs

We spend a lot of time covering prescription drug costs on this blog, and even convened a Pharmacy Industry Summit earlier this year focusing on the various pressures that are contributing to higher drug prices. Although…more
| Elections & Politics, Health, Science, Computers, & Technology

Pitfalls When Refiling a Priority Application under Article 4 of the Paris Convention

Patent applicants who have filed a priority application (such as a U.S. Provisional application) may wish to abandon and then refile that priority application to extend the time available for filing a utility application. This…more
| Intellectual Property, International Law & Trade

President Obama Announces Los Angeles-Based Smart Manufacturing Leadership Coalition as Manufacturing Innovation Institute and New Manufacturing Hub Competitions

Last week, President Obama announced that the Smart Manufacturing Leadership Coalition (SMLC) will lead the new Smart Manufacturing Innovation Institute, in partnership with the Department of Energy. The winning coalition,…more
| Elections & Politics, Energy & Utilities, Science, Computers, & Technology

Dilution Update: NYC BEER Is Not Diluted, But The Empire State Building Is

Trademark dilution is a concept not easily understood. Although, we have written about this topic in previous posts, a recent decision by the Trademark Trial and Appeal Board, ESRT Empire State Building, L. L. C. v. Michael…more
| Administrative Law, Communications & Media Law, Intellectual Property

MAYA And MAYARI Are Not Confusingly Similar When Used On Wine

The Federal Circuit has upheld the findings of the Trademark Trial and Appeal Board that use of the marks MAYA and MAYARI on wine is not likely to cause confusion. Oakville Hills Cellar, Inc. vs. Georgallis Holdings, LLC, Case…more
| Antitrust & Trade Regulation, Intellectual Property

Massive CPSC Recall Leaked to the Press by “CPSC Source” Prior to Official Agency Announcement

Today the U.S. Consumer Product Safety Commission (“CPSC”) and Health Canada announced a massive joint recall with IKEA involving over 35 million pieces of furniture that can pose a tip over hazard to small children. While we…more
| Consumer Protection, Products Liability

Innocents Abroad: Creating a Company’s Global Mobility & Immigration Policy

Carrie, I appreciate the guidance you have provided regarding the documents the company needs to have in place when sending an employee on an assignment abroad. Now I have a related question about immigration risks and…more
| Immigration Law, Labor & Employment Law

District Court Judge Issues TRO and Preliminary Injunction Under the Defend Trade Secrets Act

In some of the first decisions under the newly enacted Defend Trade Secrets Act, on June 10 and 22, 2016, United States District Judge Jon S. Tigar granted a temporary restraining order and preliminary injunction in Henry…more
| Commercial Law & Contracts, Business Torts

DICKMAN’S Pickles: Just Another Unregistrable Surname

The US Trademark Trial and Appeal Board has, again, explained how and when surnames may function as trademarks. In re Enumclaw Farms LLC, Application Serial No. 85942195 (TTAB June 24, 2016)…more
| Communications & Media Law, Intellectual Property

DOE Announces $16 Million to Commercialize Energy Technologies

Last week, the U.S. Department of Energy (DOE) announced nearly $16 million in funding to help businesses commercialize promising energy technologies from DOE’s National Laboratories to the marketplace. This is the first…more
| Energy & Utilities, Environmental Law, Science, Computers, & Technology

In Wake of Escobar, Cases Return to Circuit Courts

On Monday, the U.S. Supreme Court issued summary dispositions vacating the judgments in three cases brought under the False Claims Act (“FCA”). The Court remanded the cases back to their respective circuit courts for…more
| Business Torts, Civil Procedure, Education, Government Contracting, Health

Colorado Student Data Privacy Bill – What EdTech software providers need to know

Colorado is the latest state to revisit, and expand upon, its laws pertaining to the use and protection of student data. Colorado Governor John Hickenlooper recently signed into law House Bill 16-1423 (the “Bill”) designed to…more
| Education, Privacy, Science, Computers, & Technology

Keep Calm and IP On: Planning for UK IP Post-Brexit

This past Thursday the Brexit vote sent shockwaves around world, including the IP community and in particular with respect to IP rights in the UK and Europe. But concerns at the moment are speculative as nothing yet has changed…more
| Elections & Politics, Intellectual Property, International Law & Trade

Jury Acquits Former Pharma Exec in One of the First Post-Yates Memo Health Care Fraud Prosecutions

Like many before it, this year has been one to watch in government health care fraud enforcement efforts. In September 2015, the Department of Justice (DOJ) released the “Yates Memo,” which reaffirmed the government’s…more
| Business Organizations, Criminal Law, Health, Science, Computers, & Technology

Work and Travel Guidance for F-1 Students with Pending H-1B “Change of Status” Applications and “Cap-Gap” Employment Authorization for FY16

This advisory summarizes key travel and employment issues if you are an F-1 student with Optional Practical Training (OPT) employment eligibility and an H-1B change of status filing on your behalf has been accepted by US…more
| Education, Immigration Law, Labor & Employment Law, Transportation
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