Ropes & Gray LLP

Prudential Tower 800 Boylston Street
Boston, MA 02199-3600, United States

  • 617 951 7000
  • 617 951 7050

Post-Grant Insights: The Preparation and Pace of the PTAB [Video]

The motions that are filed at the U.S. Patent Trial and Appeal Board all need to be authorized in advance. In other words, attorneys and their clients have to request a phone conference and there's a very active practice of…more
| Intellectual Property

CFTC Staff Issues Self-Executing Registration Relief for Certain Delegating CPOs

On October 15, 2014, the Commodity Futures Trading Commission (“CFTC”) staff issued Letter 14-126 (the “October Letter”), which provides self-executing registration relief to a commodity pool operator (“CPO”) of a fund that…more
| Commercial Law & Contracts, Finance & Banking, Securities Law

Federal Court Dismisses FCA Claims Based on Alleged Customs Violations

In United States ex rel. Customs Fraud Investigations, LLC v. Victaulic Co., a federal court in the Eastern District of Pennsylvania recently dismissed claims alleging that the defendant mismarked foreign-made pipe fittings in…more
| Civil Procedure, International Law & Trade, Government Contracting

Post-Grant Insights: The Impact of PTAB Appeals on the Federal Circuit [Video]

The Federal Circuit could receive a thousand appeals per year from decisions of the Patent Trial and Appeal Board (PTAB). That means that within one year we could effectively expect a doubling in the patent appeal load in the…more
| Intellectual Property

HHS Office of Inspector General Proposes Expansions of Anti-Kickback Safe Harbors and Civil Monetary Penalties Law Exceptions

On October 3, 2014, the Office of the Inspector General (the “OIG”) of the U.S. Department of Health and Human Services (“HHS”) issued a proposed rule that would amend regulations implementing the federal anti-kickback statute…more
| Health, Science, Computers, & Technology

Post-Grant Insights: Key Considerations in PTAB Oral Hearings [Video]

At the Patent Trial and Appeal Board (PTAB) there is a live proceeding that is simply called an oral hearing. During the hearing, each side has a limited amount of time to present their arguments to the PTAB judges; it’s…more
| Intellectual Property

Post-Grant Insights: What claims to include in your PTAB petition [Video]

The first challenge in designing either an inter partes review (IPR) petition or a covered business method (CBM) patent petition is to decide which claims to address before the Patent Trial and Appeal Board (PTAB). Overview of…more
| Intellectual Property

FDA Final Guidance Confirms Role of Medical Device Firms in Cybersecurity Management

On October 2, 2014, the Food and Drug Administration (“FDA”) released the final version of a guidance document entitled, “Content of Premarket Submissions for Management of Cybersecurity in Medical Devices.” As discussed in a…more
| Consumer Protection, Privacy, Health, Science, Computers, & Technology

Unified Patent Court – Status Update

Status – “No earlier than late 2015” - As reported earlier the new UPC will go live after 13 member states in the EU, including the UK, France and Germany, ratify the agreement…more
| Intellectual Property, International Law & Trade

ESMA Plans Phased-in Approach to EMIR OTC Derivatives Clearing

The European Regulation on Derivative Transactions, Central Counterparties and Trade Repositories (known as the European Market Infrastructure Regulation (“EMIR”)) requires counterparties to clear over-the-counter (“OTC”)…more
| Commercial Law & Contracts, Finance & Banking, International Law & Trade, Securities Law

Regulators Re-Propose Minimum Margin Requirements for Uncleared Swaps

U.S. Federal banking regulators (the “Prudential Regulators”) recently re-proposed rules providing for minimum margin requirements for uncleared swaps and security-based swaps executed by swap dealers, security-based swap…more
| Securities Law

Department of the Treasury and the Internal Revenue Service to Issue Regulations Limiting Taxpayers’ Ability to Benefit from Undertaking “Inversion Transactions”

On September 22, 2014 the Department of the Treasury and the Internal Revenue Service provided official notice to taxpayers of their intention to issue regulations limiting taxpayers’ ability to benefit from undertaking…more
| Business Organizations, International Law & Trade, Taxation

OIG Issues Special Advisory Bulletin on Pharmaceutical Manufacturer Copayment Coupons

On September 19, 2014, the Department of Health and Human Services Office of Inspector General (“OIG”) issued a Special Advisory Bulletin on Pharmaceutical Manufacturer Coupons (the “Advisory Bulletin”) warning pharmaceutical…more
| Health, Insurance, Science, Computers, & Technology

SEC Brings First Action Against a Private Equity Fund Adviser for Misallocation of Portfolio Company Expenses

On September 22, 2014, the Securities and Exchange Commission (“SEC”) charged private equity fund adviser Lincolnshire Management, Inc. (“Lincolnshire”) with breaching its fiduciary duty to two of its private equity funds by…more
| Civil Procedure, Commercial Law & Contracts, Finance & Banking, Business Torts, Securities Law

Game On! Recent Legal Developments and Tax Issues for Collegiate Athletics

This is a period of unprecedented change for collegiate athletics, with potentially surprising tax consequences to the parties involved. Within the past six months, a federal district court held that the antitrust laws prevent…more
| Antitrust & Trade Regulation, Art, Entertainment, & Sports Law, Education, Labor & Employment Law, Personal Injury
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