News & Analysis as of

Appeals Chemicals

Sheppard Mullin Richter & Hampton LLP

The Intersection of Prop 65 and Free Speech: A Recent Win for Businesses

Under California’s Proposition 65 (“Prop 65”), businesses are required to give “clear and reasonable warnings” to consumers regarding potential chemical exposure if their product contains a chemical “known to the state to...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Confidential Business Information/Toxic Substance Control Act: Environmental Defense Fund Opening D.C. Circuit Court of Appeals...

The Environmental Defense Fund (“EDF”) filed an opening brief with the United States Court of Appeals for the D.C. Circuit (“D.C. Circuit”) challenging a United States Environmental Protection Agency (“EPA”) Toxic Substances...more

Harris Beach PLLC

Fifth Circuit Rejects and Remands Phthalate Limit Rule in Children’s Products Back to CPSC

Harris Beach PLLC on

The Consumer Product Safety Commission (the “CPSC”) is tasked with protecting the public from unreasonable risks of injury or death associated with the use of the thousands of types of consumer products. Like most federal...more

BCLP

California Prop. 65 Regulation Exempts Certain Coffee Chemicals From Cancer Warning; Stay in Coffee Case Lifted

BCLP on

California’s Office of Environmental Health Hazard Assessment (“OEHHA”) has finalized a highly anticipated Proposition 65 regulation relating to coffee. The regulation, California Code of Regulations Section 25704, takes...more

Buchalter

New Life For A Dormant Defense: Do Proposition 65 Warnings Violate The First Amendment?

Buchalter on

Can you be forced to slap language on a product you sell that not only do you not agree with but which can be false or misleading – and scare your customers? In California the answer is yes. But that may be finally...more

Knobbe Martens

Protecting Your Claimed Ranges

Knobbe Martens on

Assertions of obviousness based on prior art references in combination with “routine optimization” by one skilled in the art are common in the chemical and biological fields. The Federal Circuit recently addressed this issue...more

Sheppard Mullin Richter & Hampton LLP

Ninth Circuit Finds District Court Sharply Deviated from Existing Authority on CERCLA Cleanup Costs Between Military Contractor...

TDY Holdings v. United States, et al., 872 F.3d 1004 (9th Cir. 2017) - TDY brought suit for contribution under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) against the U.S. government...more

Bergeson & Campbell, P.C.

ECHA Announces Two Decisions on Appeals Related to Nanomaterials

On June 30, 2017, the European Chemicals Agency (ECHA) Board of Appeal published two decisions related to nanomaterials. In the July 5, 2017, issue of ECHA Weekly, ECHA states that the Board of Appeal “largely upheld the...more

Foley & Lardner LLP

Court Questions Applicability of Function Way Result Test In Chemical Cases

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In Mylan Institutional LLC v. Aurobindo Pharma Ltd., the Federal Circuit reviewed a preliminary injunction based in part on a finding of likelihood of success in establishing infringement under the doctrine of equivalents....more

Foley & Lardner LLP

Recent Guidance from the Federal Circuit on the Doctrine of Equivalents in Cases Involving Chemical Compositions

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In Mylan Institutional LLC, et al. v. Aurobindo Pharma Ltd., et al., Case No. 2017-1645, the Federal Circuit affirmed the district court’s grant of a preliminary injunction as to one of three patents-in-suit, while finding...more

Foley & Lardner LLP

Federal Circuit’s Primer on Equivalence Infringement of Chemical Process Patents

Foley & Lardner LLP on

In an appeal characterized as “unusual,” the Federal Circuit affirmed the grant of a preliminary injunction, holding it likely that plaintiff patent holder would succeed on the merits its claim of infringement of a patent...more

McAfee & Taft

Court rules employer not able to accommodate pregnant employee

McAfee & Taft on

A recent ruling by the federal appeals court that covers Oklahoma reminds employers that they must treat pregnant employees with health conditions or work limitations the same as any other employee with health conditions or...more

Bergeson & Campbell, P.C.

Ninth Circuit Denies Requests to Stay Use of Enlist Duo Herbicide During Judicial Review

On August 11, 2015, the U.S. Court of Appeals for the Ninth Circuit denied a motion for a stay pending review filed on December 18, 2014, by the Natural Resources Defense Council (NRDC), as well as a subsequent stay motion...more

Bergeson & Campbell, P.C.

Companies Appeal ECHA’s Requests for Information Concerning Nanoforms

The cases all concern silicic acid, aluminum sodium salt. The contested decisions were adopted December 17, 2014, following a compliance check under the dossier evaluation procedure of the submitted registration. In each...more

Bergeson & Campbell, P.C.

United States Court of Appeals for the 9th Circuit Is Likely to Consider Requests to Stay the Registration of a New Herbicide...

Center for Food Safety v. EPA is a case in the U.S. Court of Appeals for the 9th Circuit (9th Circuit) that consolidates two petitions for review of a decision by the U.S. Environmental Protection Agency (EPA) to register the...more

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