Ropes & Gray LLP

Supreme Court Holds “Good-Faith Belief in Invalidity” Is No Defense to Induced Infringement

On May 26, 2015, the Supreme Court held in Commil USA, LLC v. Cisco Systems, Inc. that a defendant’s good-faith belief in the invalidity of the patent-in-suit is not a defense to induced infringement under 35 U.S.C. § 271(b)…more
| Civil Procedure, Intellectual Property, Science, Computers, & Technology

China FDA Releases Guideline for Medical Device Registration Studies

On May 19, 2015, the China Food and Drug Administration (“CFDA”) unveiled the Technical Guideline Governing Medical Device Clinical Evaluation (“Guideline”). The long-awaited Guideline explains the methodology for clinical…more
| Administrative Law, Health, Science, Computers, & Technology

SEC Charges Australian Mining Company for FCPA Violations Arising from Its Hospitality Program at the 2008 Beijing Olympics

On May 20, 2015, the U.S. Securities and Exchange Commission (“SEC”) announced a $25 million settlement with Australian mining company BHP Billiton (the "Company") to resolve Foreign Corrupt Practices Act (“FCPA”) charges…more
| Administrative Law, Commercial Law & Contracts, Energy & Utilities, International Law & Trade, Securities Law

Nomi FTC Settlement Highlights Risks of Publicizing Company Privacy Policies

A closely divided Federal Trade Commission (“FTC” or the “Commission”) has signaled support for the agency’s recent focus on mobile device privacy. On April 23, 2015, the five-member Commission voted 3-2 to accept a proposed…more
| Antitrust & Trade Regulation, Communications & Media Law, Consumer Protection, Privacy, Science, Computers, & Technology

PTO Formally Issues First Set of New Changes to PTAB Rules, Including Increased Page Limits for Petitioner Replies and Patent Owner Motions to Amend

The U.S. Patent & Trademark Office (PTO) has issued several rule amendments that it refers to as “ministerial changes” to procedures for post-grant proceedings before the Patent Trial and Appeal Board (PTAB), including Inter…more
| Civil Procedure, Intellectual Property

PCI SSC Releases Version 3.1 of Data Security Standard

On April 15, 2015, the Payment Card Industry Security Standards Council (the “PCI SSC” or “Council”) released a new version of its Data Security Standard (“PCI DSS”), version 3.1, which contains numerous updates including, most…more
| Finance & Banking, Privacy, Consumer Protection, Science, Computers, & Technology

Supreme Court Confirms ERISA Fiduciaries’ Duty to Monitor, Leaving Contours to Lower Courts

On May 18, 2015, the Supreme Court of the United States confirmed the existence of an independent duty on the part of ERISA plan fiduciaries to continuously “monitor” retirement plan investments and remove those that are…more
| Civil Procedure, Finance & Banking, Labor & Employment Law

SEC Clarifies “Voting Equity Securities” for Purposes of the Bad Actor Rules

The Securities and Exchange Commission (the “SEC”) recently released additional guidance on the definition of “voting equity securities” as applied to the bad actor disqualification rules under Rule 506(d) of the Securities Act…more
| Administrative Law, Commercial Law & Contracts, Finance & Banking, Securities Law

Split Federal Circuit Panel Rules that Direct Infringement by Multiple Parties Requires Agency Relationship, Contractual Arrangement, or Joint Enterprise

On May 13, 2015, a three-judge panel of the Federal Circuit issued its long-awaited opinion on remand in Akamai Techs., Inc. v. Limelight Networks, Inc. This decision came in the wake of the Federal Circuit’s en banc decision…more
| Civil Procedure, Intellectual Property, Science, Computers, & Technology

China Liberalizes Drug Pricing Control

Beginning June 1, 2015, the vast majority drugs in China, except for narcotic and Type 1 psychotropic drugs, will be free from government-set pricing. This reform on drug pricing policy was announced by the central pricing…more
| Health, Science, Computers, & Technology

Upcoming Deadline for BEA Foreign Affiliate Reporting on BE-10

The U.S. Department of Commerce, through the Bureau of Economic Analysis (the “BEA”), requires reporting on Form BE-10 (a “BE-10 Filing”) from any U.S. person (including entities or individuals) that had a “Foreign Affiliate”…more
| Business Organizations, Commercial Law & Contracts, International Law & Trade

Progressing Toward a Cure: House Committee Unveils Revised, Streamlined 21st Century Cures Discussion Draft

On April 29, 2015, the House Energy & Commerce Committee (“E&C Committee”) released a revised discussion draft of the medical innovation reform legislation that has been in the works for over a year as part of the 21st Century…more
| Administrative Law, Elections & Politics, Health, Science, Computers, & Technology

SEC Releases New Guidance Related to Investment Funds and Cybersecurity Risks

On April 28, 2015, the SEC’s Division of Investment Management released a Guidance Update titled Cybersecurity Guidance (the “Guidance”). The Guidance represents the latest evidence of the SEC’s continued focus on cybersecurity…more
| Administrative Law, Finance & Banking, Privacy, Science, Computers, & Technology, Securities Law

Supreme Court Bankruptcy Decision Strengthens Creditor Leverage in Plan Negotiations

On May 4, 2015, in the case Bullard v. Blue Hills Bank, the United States Supreme Court held that debtors in chapter 13 (and presumably chapter 9 and 11 as well) are not entitled as of right to immediately appeal bankruptcy…more
| Bankruptcy, Civil Procedure, Finance & Banking, Real Estate - Residential

EU Rejects the Spanish Challenge to the Unified Patent Court

Today, the Court of Justice of the European Union issued its judgment, finally rejecting the "Spanish Challenge" to the Unitary Patent system (part of the Unified Patent Package, which includes the Unitary Patent Regulation,…more
| Civil Procedure, Intellectual Property, International Law & Trade
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