News & Analysis as of

Chemicals

Function/Way/Result Test Causes Headaches in Chemical Cases; Substitute Insubstantial Differences Test

In Mylan Institutional LLC v. Aurobindo Pharma Ltd., [2017-1645] (May 19, 2017), the Federal Circuit affirmed the grant of a preliminary injunction against the infringement of U.S. Patent 9,353,050 on a triarylmethane dye...more

ECHA Publishes REACH Guidance for Nanomaterials

by Bergeson & Campbell, P.C. on

The European Chemicals Agency (ECHA) announced on May 24, 2017, publication of five documents that it intends to help registrants preparing dossiers that cover nanoforms ahead of the 2018 registration deadline under the...more

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

by 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

Practitioner Insights: California Crowdsources Chemical Rules: What Could Go Wrong?

by Alston & Bird on

Environmental and product regulations, traditionally a science-obsessed and labyrinthine area of the law dominated by experts in administrative agencies, will receive an internet-age overhaul to make them more accessible to...more

OSHA Issues Chemical Process Safety Management Reports For Small Businesses And Storage Facilities

by Jackson Lewis P.C. on

The Occupational Safety and Health Administration has issued two reports on the safe management of hazards by small businesses and storage facilities that use highly hazardous chemicals in business processes. In 1994,...more

ECHA Creates Web Page for Nanomaterials Expert Group

by Bergeson & Campbell, P.C. on

The European Chemicals Agency (ECHA) has created a web page for the Nanomaterials Expert Group (NMEP), which was created in October 2012. NMEP aims to seek common ground among experts on scientific and technical issues...more

April 1, 2017 Revision of Chinese Patent Examination Guidelines may be Good News for Patentees

With continued extraordinary growth, including a record number of patent applications filed in a single year[1], the importance of intellectual property rights in China is undeniable. And so, all eyes are on the recent...more

Wrap-Up of Federal and State Chemical Regulatory Developments, May 2017

by Bergeson & Campbell, P.C. on

TSCA/FIFRA - Lynn L. Bergeson, Environmental Quality Management, Winter 2016: On June 22, 2016, President Obama signed into law the Frank R. Lautenberg Chemical Safety for the 21st Century Act. The law substantially...more

U.S. District Court Finds EPA Erred in Approving Pesticides Known To Impact Endangered Species

by Nossaman LLP on

On May 8, 2017, the U.S. District Court for the Northern District of California granted, in part, a motion for summary judgment brought by plaintiffs in a suit challenging the U.S. Environmental Protection Agency’s (“EPA”)...more

ICCVAM Invites Comments Regarding its Preparation of a Strategic Roadmap: New Approaches to Evaluate the Safety of Chemicals and...

by Bergeson & Campbell, P.C. on

On May 8, 2016, the U.S. Environmental Protection Agency (EPA) announced its invitation for public input regarding the “Strategic Roadmap: New Approaches to Evaluate the Safety of Chemicals and Medical Products” (Roadmap),...more

DOE Workshop On Biobased Functional Replacement Chemicals

by Bergeson & Campbell, P.C. on

The U.S. Department of Energy’s (DOE) Bioenergy Technologies Office (BETO) is hosting a Workshop on Moving Beyond Drop-In Replacements: Performance Advantaged Bio-Based Chemicals on June 1, 2017, in Denver, Colorado. The...more

EPA to Host Meeting and Solicit Comments on Assignment and Application of Unique Identifiers under TSCA Section 14

On May 8, 2017, the U.S. Environmental Protection Agency (EPA) issued in the Federal Register a notification stating that a public meeting will be held to elicit public input on approaches for assigning and applying Unique...more

Congressional Democrats Request Inquiry into EPA’s Chlorpyrifos Decision

On April 27, 2017, Senator Elizabeth Warren (D-MA) and Representative Frank Pallone (D-NJ) sent a letter to Inspector General Arthur Elkins, Jr. at the Office of Inspector General (OIG) at the U.S. Environmental Protection...more

AkzoNobel Announces Finalists For Imagine Chemistry Start-Up Challenge

On April 21, 2017, AkzoNobel announced the 20 finalists for its Imagine Chemistry initiative. The initiative, which was launched earlier this year as reported in the Biobased and Renewable Products Advocacy Group’s (BRAG®)...more

Green Chemistry & Engineering Conference June 13-15, 2017, Reston, Virginia

by Bergeson & Campbell, P.C. on

The 21st Annual Green Chemistry & Engineering Conference (GC&E), hosted by the American Chemical Society’s (ACS) Green Chemistry Institute, will be held in Reston, Virginia on June 13-15, 2017. GC&E is a gathering...more

Wrap-Up of Federal and State Chemical Regulatory Developments, April 2017

by Bergeson & Campbell, P.C. on

TSCA/FIFRA - EPA Denies TSCA Section 21 TBBPA Petition: On March 17, 2017, the U.S. Environmental Protection Agency (EPA) denied a Toxic Substances Control Act (TSCA) Section 21 petition submitted by, among others,...more

Food, Dietary Supplement & Cosmetics Update | Vol. IV, Issue 3

by Jones Day on

FDA Amends Waivers to Sanitary Transportation Rule - On April 6, 2017, the Food and Drug Administration ("FDA") notified industry regarding the amendment of waivers available under the Sanitary Transportation of Human...more

Petitioners File Motion for Further Mandamus Relief in Response to EPA’s Order Denying Petition to Ban Chlorpyrifos

by Bergeson & Campbell, P.C. on

On April 5, 2017, Petitioners Pesticide Action Network North America (PANNA) and the Natural Resources Defense Council (NRDC) (Petitioners) filed a Motion for Further Mandamus Relief in the Ninth Circuit Court of Appeals...more

President Trump Proposes Defunding the Chemical Safety Board

by BakerHostetler on

President Trump has proposed a budget for next year that would cut all funding for the U.S. Chemical Safety Board. The Chemical Safety Board is an independent federal agency that has operated since 1998. It is responsible for...more

Don’t Miss The Biobased and Renewable Chemicals Conference, May 10-11, 2017, In Wilmington, Delaware

The 2017 Biobased and Renewable Chemicals Conference, which has been organized by the Delaware Sustainable Chemistry Alliance (DESCA) and supported by the American Chemical Society (ACS) Green Chemistry Institute, is a...more

AIHA Publishes Nanomaterial Stewardship Guidance

On March 29, 2017, the American Industrial Hygiene Association (AIHA) announced the availability of nanomaterial stewardship guidance sponsored by the AIHA Nanotechnology Working Group. The guidance addresses stewardship...more

EPA Delays Effective Date of Certification of Pesticide Applicators Final Rule

by Bergeson & Campbell, P.C. on

On March 20, 2017, the U.S. Environmental Protection Agency (EPA) published in the Federal Register a notice that it was delaying the effective date of five regulations, including the final rule on the certification of...more

SCCS Issues Final Opinion on Additional Coatings for Titanium Dioxide (Nano Form) as UV-Filter in Dermally Applied Cosmetic...

by Bergeson & Campbell, P.C. on

On March 7, 2017, the Scientific Committee on Consumer Safety (SCCS) issued a final opinion on additional coatings for titanium dioxide (nano form) coated with cetyl phosphate, manganese dioxide, or triethoxycaprylylsilane as...more

Maybe 2018 Will Be the Year We Finally See How the California Safer Consumer Product Regulations Will Work in Practice? Spray...

by Alston & Bird on

DTSC has released the rulemaking for its second selected “priority product” which is spray polyurethane foam systems with unreacted methylene diphenyl diicyanates. This is a product that is actually manufactured and sold in...more

EPA Risk Management Program (RMP) Facility Safety Rule Delayed Again

by Alston & Bird on

EPA’s Risk Management Program (RMP) Facility Safety Rule continues to face an uncertain future, particularly given EPA Administrator Pruitt’s historical opposition. On March 16, EPA again stayed the effective date of the Rule...more

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