Electronically Posted Documents

News & Analysis as of

The ITC Has Jurisdiction Over Digital File Transmissions Under Section 337

On April 3, 2014, the U.S. International Trade Commission has issued a notice in Certain Digital Models, Digital Data, and Treatment Plans for Use in Making Incremental Dental Positioning Adjustment Appliances, the Appliances...more

SEC Announcements On Confidential Treatment Requests And Glossy Annual Reports

The SEC Division of Corporation Finance has recently posted two Division Announcements - - As of April 9, 2014, in cases where the SEC staff has determined to grant a request for confidential treatment without...more

Circuit Split Exists Regarding Costs Of E-Discovery Under 28 U.S.C. § 1920(4)

Over the past several years, the various circuits have been split regarding the costs of litigation associated with the scanning and printing of electronic documents....more

U.S. Customs and Border Protection to Eliminate Paper I-94 Admission Cards, and “Automate” Electronic Admission Records

U.S. Customs and Border Protection (CBP) has officially announced its intent to eliminate its use of paper I-94 arrival/departure cards, now given to temporary foreign visitors and workers at the time of their admission to...more

Court Awards Defendants $2.8 Million In Computer-Assisted Review Fees

On February 1, 2013, District Judge Anthony J. Battaglia for the Southern District of California awarded the prevailing parties over $12.4 million in attorneys’ fees; $2.8 million of which were related to fees generated from...more

CMS Publishes Annual Update On Recovery Audit Activity, Says Program Returned Nearly $490 Million to Medicare Trust Fund in 2011

On February 5, 2013, CMS sent Congress a report summarizing developments related to its Medicare recovery audit program for fiscal year (FY) 2011. According to the report (titled Recovery Auditing in the Medicare and...more

Electronically Posted Documents as Prior Art

Originally published in BNA’s Patent, Trademark & Copyright Journal, 85 PTCJ 365, 01/11/2013. In the wake of a recent Federal Circuit case, the author offers a test for determining whether electronically posted...more

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