Reviewability Determinations

News & Analysis as of

Federal Circuit Provides Ammunition to Patentees In Magnum Decision

Patent Owners gained a bit of a reprieve in the Federal Circuit’s recent decision in In Re Magnum Oil Tool Int’l, Ltd., decided on July 25, 2016. In several key respects, Patent Owners regained some footing in the otherwise...more

Alabama CON Report

I. SHPDA Administrative Report - A. Contested Cases - For the following projects no vote was required because the recommended order of the Administrative Law Judge becomes the final order of the Agency when no...more

Alabama CON Report

I. Certificate of Need Program - A. AL2016-008, EAMC Lanier, LLC, Valley, AL: Proposes to renovate a space for the conversion of seventeen (17) acute care beds to seventeen (17) inpatient rehabilitation beds, which was...more

Mississippi CON Report

I. Mississippi Certificate of Need Meetings During March 2016 - During the March 31, 2016, Certificate of Need meeting, Dr. Mary Currier, State Health Officer, concurred with the health and planning staff analysis and...more

Tennessee CON Report

I. March 2016—Tennessee Certificate of Need Meeting - At the March meeting of the Tennessee Health Services and Development Agency, Elizabeth Johnson announced that the standards for Psychiatric Inpatient Services and...more

It’s the CON Season in North Carolina – Is Your Petition Ready?

Can your organization satisfy an unmet need by bringing a new health care resource into a North Carolina community? If your organization perceives a need that has not been recognized by our State’s health planners, now is...more

Mississippi CON Report

I. Mississippi Certificate of Need Meeting on March 3, 2016 - During the March 3, 2016, Certificate of Need meeting, Dr. Mary Currier, State Health Officer, concurred with the health and planning staff analysis and...more

Mississippi CON Report

I. Mississippi Certificate of Need Meetings During January 2016 - During the January 28, 2016, Certificate of Need meeting, Dr. Mary Currier, State Health Officer, concurred with the health and planning staff analysis...more

Alabama CON Report

I. SHPDA Administrative Report - Contested Cases - AL2015-039, Bio-Medical Applications of Alabama, Inc. d/b/a Fresenius Medical Care Decatur: Proposes to construct and operate a new twenty (20) station End Stage...more

Federal Circuit Okays PTAB Practice of Reviewing Fewer Than All Challenged Claims in IPR

In a recent decision, a three-judge panel of the U.S. Court of Appeals for the Federal Circuit ruled that the U.S. Patent and Trademark Office (USPTO) Patent Trial and Appeal Board (PTAB) acted properly in issuing a final...more

Alabama CON Report

I. Certificate of Need Program - A. Project Modification - AL2015-014, The Heath Care Authority of Cullman County d/b/a Cullman Regional Medical Center, Inc., Cullman, AL: Proposes to relicense thirty (30) acute care...more

Mississippi CON Report

I. Mississippi Certificate of Need Meetings During November and December 2015 - No Certificate of Need meetings were held during November and December 2015. The next Certificate of Need meeting is scheduled for January...more

Alabama CON Report

I. Certificate of Need Program - A. AL2015-030, Lakeshore Foundation, Birmingham, AL: Proposes to construct a two-story addition containing patient rooms, a nursing station, a day room and a lobby area. The Hospital...more

Mississippi CON Report

I. September 2015 – Mississippi Certificate of Need Meeting - During the September 24, 2015, Certificate of Need meeting, Dr. Mary Currier, State Health Officer, concurred with the health and planning staff analysis...more

Supreme Court Update: Glossip V. Gross (15-7955) And Order List

We're back with our final Update of OT14, covering Glossip v. Gross (15-7955), a doubly divisive death-penalty case, and providing a roundup of the Court's orders over the last few weeks. (Did you think we'd forgotten about...more

Federal Circuit Finds CBM Eligibility Reviewable on Appeal

The Federal Circuit yesterday issued a precedential opinion in Versata Development Group v. SAP America, Inc., Appeal No. 2014-1194 (Fed. Cir. Jul. 9, 2015), finding the claims invalid under 35 U.S.C. § 101. In addition to...more

PTO Refusal to Terminate Ongoing Proceeding Is Not Immediately Reviewable - Automated Merchandising Systems, Inc. v. Lee

Addressing the U.S. Patent and Trademark Office’s (PTO’s) refusal to terminate four inter partes reexaminations after a corresponding district court action was terminated, the U.S. Court of Appeals for the Federal Circuit...more

Garmin International, Inc. v. Cuozzo Speed Technologies, LLC – First IPR Decision Reviewed by Federal Circuit

On February 5, the Federal Circuit issued its first decision on an appeal of a final written decision of an Inter Partes Review (“IPR”). The decision addressed two outstanding questions of interest to IPR proceedings. First,...more

Supreme Court to Decide Whether Courts Can Review the Consular Denial of a Visa Based on Marriage to a U.S. Citizen

On October 2, 2014, the Supreme Court of the United States granted certiorari in the case of Kerry v. Din. The case involved a U.S. citizen who claimed that her liberty interest in marriage has been violated by the denial of...more

Fast Five: Rhode Island Appellate Practice: The McAuslan Doctrine

In its decisions this term, the Rhode Island Supreme Court addressed at length the McAuslan Doctrine, a judicial exception to the general rule that interlocutory orders are not immediately reviewable. The Court’s decisions...more

Due Process Requires US Committee on Foreign Investment to Let the Sunshine In

On July 15 the United States Court of Appeals for the District of Columbia Circuit told CFIUS (the Committee on Foreign Investment in the United States) that constitutional due process requires that parties subject to an...more

Tennessee CON Report - April 2014

In this Report: - I. April 2014 — Tennessee Certificate of Need Meeting - A. Certificate of Need Review - II. Certificate of Need Program Report — Filings Since March 2014 Meeting - B. Applications for...more

Alabama CON Report - April 2014

In this Issue: - I. Old Business - II. Certificate of Need Program - III. Reviewability Determinations and Pending Reviewability Determinations - III. New Business - Excerpt from Certificate of...more

Mississippi CON Report - April 2014

In this Report: I. March 2014 – Mississippi Certificate of Need Meeting II. Certificate of Need Program Report – Filings/Reports Since February 2014 - A. Letters of Intent to Change Ownership - B....more

Mississippi CON Report - September 2013

In this report: - I. August 2013 – Mississippi Certificate of Need Meeting - II. Certificate of Need Program Report – Filings/Reports Since July 2013 CON Meeting - A. Letters of Intent to Change...more

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