Reviewability Determinations

News & Analysis as of

Mississippi CON Report

CON – Final Orders - CON Review: ESRD-ES-1116-023 – RCG Tunica, LLC d/b/a Tunica Dialysis – Expansion of ESRD Stations at Existing ESRD Facility – Capital Expenditure: $1,374,346.00 – Location: Tunica, Tunica County,...more

Alabama CON Report

I. Certificate of Need Program - A. AL2016-035, Bio-Medical Applications of Alabama, Inc. d/b/a - Fresenius Kidney Care Hope Hull, Montgomery, AL: Proposes to construct and operate a new End Stage Renal Disease...more

Mississippi CON Report

Certificates of Need Approved and Staff Recommendations – December 2016 - 1. CON – Final Orders - a. CON Review Number: HG-A-0715-015 – Singing River Health System d/b/a Singing River Hospital – Amendment and Cost...more

Full Federal Circuit To Consider Appealability of PTAB Decision On Timeliness of IPR Petition

The Federal Circuit has ordered en banc review to consider whether the timeliness of a petition for inter partes review (IPR) can be appealed following the Patent Trial and Appeal Board’s decision to institute review. Wi-Fi...more

Full Federal Circuit To Consider Appealability of PTAB Decision On Timeliness of IPR Petition

The Federal Circuit has ordered en banc review to consider whether the timeliness of a petition for inter partes review (IPR) can be appealed following the Patent Trial and Appeal Board’s decision to institute review. Wi-Fi...more

District Court Dismisses USPTO December 2015 Holidays Case

On December 2, 2016, Judge O’Grady of the U.S. District Court for the Eastern District of Virginia granted the USPTO’s motion to dismiss the complaint brought by Elm 3DS Innovations, LLC over the “holidays” declared December...more

Mississippi CON Report

Certificates of Need Approved and Staff Recommendations –November 2016. 1. CON – Final Orders - None - 2. CON – Staff Analysis - a. CON Review Number: HG-NIS-0816-015 – Choctaw Regional Medical Center –...more

Mississippi CON Report

Certificates of Need Approved and Staff Recommendations – October 2016 - A. Letters of Intent to Change Ownership - None - B. Determinations of Reviewability - 1. University of Mississippi Medical Center...more

Federal Circuit Review | October 2016

Withdrawal of Claims During Prosecution Can Trigger Prosecution History Estoppel In UCB, Inc. v. Yeda Research and Development Co., Ltd., Appeal No. 2015-1957, the Federal Circuit held that prosecution estoppel can apply even...more

D.C. Circuit Precludes Review of DSH Uncompensated Care Data

On July 26, 2016, the United States Court of Appeals for the District of Columbia Circuit decided Fla. Health Sciences Ctr. v. Burwell. In that case, the Court analyzed a statutory bar against judicial review of estimates...more

Federal Circuit Provides Two-Part Analysis for Determining Reviewability of PTAB Institution Decisions

The Federal Circuit in Husky Injection Molding Systems, Inc. v. Athena Automation Ltd., No. 2015-1726 (Fed. Cir. Sep. 23, 2016) recently dismissed Husky’s appeal from a final written decision in IPR. The court found it...more

Alabama CON Report

I. SHPDA Administrative Report - Contested Case - AL2016-022, Geneva County Health Care Authority, Inc., Geneva AL: Proposes to acquire, relocate and operate five (5) geriatric psychiatric inpatient beds as an...more

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

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