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Ropes & Gray LLP

Federal Circuit Ruling Clarifies Recapture Rule For Reissue Claims Of...

On May 8, the Federal Circuit in In re Youman, No. 2011-1136, 2012 WL 1598089, clarified years of recapture law by vacating a decision of the Board of Patent Appeals and Interferences that rejected reissue claims being pursued…more

| Administrative Law, Civil Procedure, Civil Remedies, Intellectual...

New Guidance on Confidentiality Agreements

A recent opinion regarding the enforcement of certain provisions commonly found in confidentiality agreements in the context of a hostile takeover provides important guidance on the drafting process of such agreements. In Martin…more

| Business Organizations, Civil Remedies, Commercial Law & Contracts,...

New Guidance on ERISA Participant-Level Fee Disclosures

On May 7, 2012, the Department of Labor released Employee Benefits Security Administration Field Assistance Bulletin 2012-2, which offers guidance in the form of “Frequently Asked Questions” on the fee disclosure rules for…more

| Administrative Law, Finance & Banking, Labor & Employment Law

DOJ/SEC Bring First FCPA Case Involving Private Fund Investment Adviser

On April 25, 2012, the Securities and Exchange Commission (the “SEC”) charged a former Managing Director in Morgan Stanley’s Chinese real estate investment and fund advisory group with violations of the Foreign Corrupt Practices…more

| Administrative Law, Criminal Law, Finance & Banking, International Law &...

Supreme Court Rules on Patent Use Codes

On Tuesday, the Supreme Court decided Caraco Pharmaceutical Laboratories v. Novo Nordisk. In a unanimous opinion authored by Justice Kagan, the Court construed the counterclaim provision of the Hatch-Waxman Act, 21 U.S.C. §…more

| Administrative Law, Civil Procedure, Intellectual Property, Science,...

NLRB Chairman Delays Implementation of Posting Rule

On April 17, the Chairman of the National Labor Relations Board (the “NLRB” or the “Board”) issued a notice stating that the Board’s new regulation requiring most private employers to post a workplace notice detailing employee…more

| Administrative Law, Civil Procedure, Civil Remedies, Labor & Employment...

Supreme Court Clarifies Scope of 35 USC 145 Proceedings

On April 18, 2012, the United States Supreme Court issued a unanimous decision in Kappos v. Hyatt, affirming the Federal Circuit’s en banc decision and holding that evidence not submitted to the Patent and Trademark Office (PTO)…more

| Administrative Law, Civil Procedure, Intellectual Property

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