Public Comment

News & Analysis as of

Public Comments on AIA Trial Proceedings – the USPTO is Listening

As mentioned in a previous article, the Patent Trial and Appeal Board (PTAB) held a series of roundtables throughout the United States this spring to solicit public feedback on AIA trials. Having received some feedback during...more

CFTC Seeks Comment on ICE Clear Europe Portfolio Margining Proposal

The Commodity Futures Trading Commission has requested public comment on a petition submitted by ICE Clear Europe Limited to amend an order issued by the CFTC on May 30...more

DOGGR to Review Well Stimulation Regulations to Ensure Compliance with Safe Drinking Water Act

On Friday, July 18, 2014, the Department of Conservation’s Division of Oil, Gas and Geothermal Resources (“DOGGR”) announced that it will review California’s Underground Injection Control (“UIC”) Program to ensure compliance...more

EPA Solicits Comments On New Design Of Label To Indicate Safer Chemicals

On July 16, 2014, EPA announced it is soliciting comments on its Design for the Environment (DfE) Program's logo redesign. The Agency will consider the information gathered from this notice and other sources as it selects a...more

New York DFS Proposes Sweeping Virtual Currency Licensing Scheme

Yesterday, the New York Department of Financial Services (“NYDFS”) issued a proposed rule for public comment setting forth a novel and comprehensive “BitLicense” regulatory scheme for entities engaged in “Virtual Currency...more

Proposed "Buy American" Regulations Complicate Doing Business with the State of Maryland

On July 11, 2014, the Maryland Board of Public Works issued a Notice of Proposed Action that proposed new regulations concerning the preference for American-manufactured goods on most public contracts. The regulations, as...more

How Long Is Too Long (or Too Short) for Patent Application Pendency?

The USPTO is requesting input on the “optimal” targets for its patent application pendency metrics. The USPTO’s current targets are 10 months to a first Office Action and 20 months to grant or abandonment. The USPTO wants to...more

DOGGR Well Stimulation Regulations Implementation Extended to July 1, 2015

On Friday, June 20, 2014, Governor Jerry Brown signed a public resources “trailer bill:” Senate Bill 681 (“SB 681”). Section 5 of the Bill extends the implementation deadline for the Department of Conservation’s Division of...more

USPTO Proposes Rules Changes in View of Novartis v. Lee

Last month, the U.S. Patent and Trademark Office published a notice of proposed rulemaking in the Federal Register (79 Fed. Reg. 34681) discussing changes to the rules of practice to implement the Federal Circuit's decision...more

FCC Announces Effective Date for CAF Program Reforms and Seeks Comments on CAF Program Proposed Rules

On July 9, 2014, the Federal Communications Commission (the “FCC”) published the Connect America Fund Program (“CAF”) Report and Order, Declaratory Ruling, Order, Memorandum Opinion and Order, Seventh Order on...more

HUD Seeks Comments On Limits Of Insurability Of Fixed Interest HECM Products, Announces Other HECM Program Changes

On July 10, HUD published a request for comment on its recent amendments to the Home Equity Conversion Mortgage (HECM) reverse mortgage program to limit the insurability of fixed interest rate reverse mortgages....more

Comments Due August 25 on Comcast-Time Warner Cable-Charter Merger/Spin Off Transactions

FCC Sets Up Teams to Review Transactions - Last week the FCC made two important announcements concerning its review of the applications filed for approval of the Comcast – Time Warner Cable – Charter cable merger and...more

EPA Delays Potential Fracking Chemical Disclosure Mandates

On Friday, July 11, 2014 the U.S. Environmental Protection Agency (“USEPA”) extended the public comment period for its advanced notice of proposed rulemaking (“ANPR”) for hydraulic fracturing chemical disclosure rules. The...more

EPA To Hold Workshop On Trichloroethylene And Potential Safer Alternatives

The U.S. Environmental Protection Agency (EPA) has announced that, as part of its work to improve the safety of existing chemicals under the Toxic Substances Control Act (TSCA), the Agency will hold a public workshop to hear...more

Electronic Blue Sky Filings: NASAA Proposes Model State Rules

The North American Securities Administrators Association, Inc. (NASAA) has released model rules relating to the use of its Electronic Filing Depository (EFD) system for Form D and state registration and notice filings. The...more

CFPB Debt Collection (Regulation F) Rulemaking FAQs

On November 12, 2013, the Consumer Financial Protection Bureau (“CFPB” or the “Bureau”) issued an Advance Notice of Proposed Rulemaking (“ANPR”) seeking comment, data, and information from the public about debt collection...more

Putting Structure and Function Into Context for USPTO Patent Subject Matter Eligibility Guidance

The USPTO’s ”Guidance For Determining Subject Matter Eligibility Of Claims Reciting Or Involving Laws of Nature, Natural Phenomena, and Natural Products” has been criticized for requiring a product to be markedly different in...more

Health Care Update - July 2014

In This Issue: - E&C continues to push for bipartisan efforts to improve drug pipeline - Implementation of the Affordable Care Act - Other Federal Regulatory Initiatives - Other Health Care...more

NASAA Seeks Comment on a Model Rule for Electronic Blue Sky Filings

The North American Securities Administrators Association, Inc. (NASAA) posted a web notice requesting comment on model rules that would provide for electronic filings with the states of Form D and other state securities...more

VAWA Rulemaking Sessions Come to a Close – A Sneak-Peek at What May Be In Store for Colleges and Universities

On March 31, 2014, negotiators concluded the last of three rulemaking sessions focused on tackling issues raised by the recent reauthorization of the Violence Against Women Act (“VAWA”). The three-session process culminated...more

Docs @ BIO: USPTO Provides Update on Myriad-Mayo Guidance

At last week's BIO International Convention in San Diego, Andrew Hirshfeld, USPTO Deputy Commissioner for Patent Examination Policy, and June Cohan, a Legal Advisor with the USPTO's Office of Patent Legal Administration, took...more

"DOJ and FTC Hold Joint Workshop to Explore Conditional Pricing Practices"

On June 23, 2014, the Federal Trade Commission and the Department of Justice hosted a day-long joint workshop, consisting of panels of economists and lawyers, to explore conditional pricing practices. Although conditional...more

EPA & SCOTUS on GHG: U.S. Supreme Court Makes a Statement on EPA Authority to Regulate Greenhouse Gases as the Public Comment...

The last few weeks have brought significant developments in the U.S. Environmental Protection Agency’s (“EPA”) efforts to regulate greenhouse gas emissions. On June 18, 2014, the EPA published for public comment a proposed...more

Docs @ BIO: BNA Issues Report on PTO's Patent Eligibility Guidance

Sounding an appropriately alarmist note, the Bureau of National Affairs (BNA) Life Sciences Law and Industry Report issues the results of a study on how the U.S. Patent and Trademark Office is administering its March 4, 2014...more

USPTO Asks for Patent Subject Matter Eligibility Comments by July 31, 2014

In a June 30, 2014 Federal Register notice, the USPTO requested public comments by July 31, 2014 on patent subject matter eligibility under the recent Supreme Court decision in Alice Corporation Pty. Ltd. v. CLS Bank...more

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