News & Analysis as of

Supplemental Information

Akin Gump Strauss Hauer & Feld LLP

PTAB Permits Submission of Evidence Midstream to Bolster Public Accessibility of References Despite Objections

The Patent Trial and Appeal Board has granted a petitioner’s motion to submit supplemental information, over patent owner’s objections, concerning the public availability of references that were relied upon to support grounds...more

Jones Day

Error! PTAB Denies Motion for Supplemental Information to Correct Inadvertent Omission

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In Nanobebe US Inc. v. Mayborn (UK) Limited et al., the PTAB denied a Petitioner’s Motion to submit supplemental information, even though Petitioner argued the information had been inadvertently omitted in the original...more

Foley & Lardner LLP

Exception to the Rule? Late Submission of Evidence as Supplemental Information Under 37 C.F.R. 42.123(b)

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In PTAB trials, rules regulate when evidence may be presented by a party to ensure the opposing party a fair opportunity to respond to such evidence. Rule 42.23(b) prohibits a party from filing a sur-reply with “new evidence...more

Pillsbury Winthrop Shaw Pittman LLP

Window Opens for $1 Billion Middle Mile Grant Program

Middle Mile program applicants should review the application and filing procedures as soon as possible. Supplemental pre-filing requirements will lengthen the application process....more

Jones Day

PTAB Allows Supplemental Information Request To Fly

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Once the PTAB institutes an IPR, the parties may only add supplemental information to the record by requesting authorization to file a motion to submit the information. See 37 C.F.R. § 42.123 (2022). If authorization is not...more

DirectEmployers Association

OFCCP Released The “Wrecking Ball” On Most Of The Remaining Trump Administration Policies and Procedures Of Significance

In a new Directive titled “Effective Compliance Evaluations and Enforcement” (DIR 2022-02) OFCCP announced it had withdrawn what the Trump OFCCP Director had called his “four pillars” of Agency policy and procedure. The...more

Jones Day

No Supplemental Information Permitted To Fix Petition Faults

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On February 28, 2022, in American Well Corporation v. Teladoc Health, Inc. IPR2021-00748, the PTAB denied a motion to submit supplemental information.  In this matter, the Board instituted a trial of all claims and all...more

Vinson & Elkins LLP

Paycheck Protection Program: SBA Discontinues Use Of Loan Necessity Questionnaire

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The Small Business Administration (“SBA”) has officially discontinued use of the Loan Necessity Questionnaire previously required for forgiveness of Paycheck Protection Program (“PPP”) loans of $2 million or more...more

McCarter & English, LLP

Paycheck Protection Program: Creating Certainty Out Of Uncertainty From The Rearview Mirror

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The Small Business Administration (“SBA”) is accepting comments until November 26, 2020 (Thanksgiving) on two proposed loan necessity questionnaires for Paycheck Protection Program (“PPP”) loans in excess of $2 million: SBA...more

Husch Blackwell LLP

Analyzing The EDPB’s Draft Recommendations On Supplementary Measures

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Keypoint: In the wake of Schrems II, the EDPB’s much-anticipated recommendations provide extensive guidance on supplementary measures parties can use to legally transfer data out of the EEA in the absence of an adequacy...more

Hinshaw & Culbertson LLP

New Supplemental Guidance Issued for PPP Loan Program

On August 4, 2020, the Small Business Administration (SBA) and the U.S. Department of the Treasury released new FAQs to provide further guidance on Paycheck Protection Program (PPP) loan questions and supplement previously...more

Morris James LLP

Delaware Supreme Court Finds That Stockholder Failed to Satisfy Unambiguous Requirements of Advance Notice Bylaw

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Blackrock Credit Allocation Income Tr., et al. v. Saba Capital Master Fund, Ltd., No. 297, 2019 (Del. Jan. 13, 2020). The Delaware Supreme Court reversed the Court of Chancery’s decision requiring two closed-end trusts...more

Faegre Drinker Biddle & Reath LLP

Hierarchy of Scientific Evidence Reigns Supreme: NJ Appellate Division Affirms Exclusion of Experts in Accutane Litigation

In In re: Accutane Litigation (A-4952-16T1) — an appeal decided just 10 days after oral argument — the New Jersey Appellate Division applied the New Jersey Supreme Court’s landmark decision In re Accutane Litigation, 234 N.J....more

Bass, Berry & Sims PLC

Advance Notice Bylaw Provisions Upheld by Delaware Supreme Court

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In a previous blog post, we discussed the Delaware Chancery Court’s decision in Saba Capital Master Fund, Ltd. v. Blackrock Credit Allocation Income Trust and its relevance to the interpretation of advance notice bylaw...more

A&O Shearman

Delaware Supreme Court Finds Dissident Board Nominees Ineligible Because Of Noncompliance With Bylaws Deadline To Respond To...

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On January 13, 2020, in an opinion authored by Justice Karen L. Valihura, the Supreme Court of Delaware held that defendants—two investment trusts—were permitted to disqualify the board nominees of a plaintiff shareholder for...more

Wilson Sonsini Goodrich & Rosati

Delaware Supreme Court Reverses the Court of Chancery and Upholds the Enforceability of Clear and Unambiguous Advance Notice Bylaw...

On January 13, 2020, the Delaware Supreme Court issued an opinion addressing deadlines and supplemental information requirements under advance notice bylaws. In the opinion, BlackRock Credit Allocation Income Trust v. Saba...more

Stokes Wagner

AB 51 Remains on Pause as the District Court Requests Further Briefing

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The temporary restraining order (“TRO”) which prevents the enforcement of AB 51 remains in effect until January 31, 2020. As a reminder, California’s AB 51 bars mandatory arbitration agreements in employment agreements....more

Bass, Berry & Sims PLC

Revisiting Advance Notice Provisions and Proxy Access

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Advance Notice Bylaw Provisions - A recent Delaware case, Saba Capital Master Fund, Ltd. v. Blackrock Credit Allocation Income Trust, highlights the importance of advance notice bylaws and the careful application of the...more

McDermott Will & Emery

ITC Must Grant Relief Against Defaulting Respondents

Addressing an International Trade Commission (ITC) refusal to enter an exclusion order against defaulting respondents, the US Court of Appeals for the Federal Circuit reversed, holding that the ITC is required to grant relief...more

Jones Day

Submissions of Supplemental Information in IPRs Subject to Extra Requirements

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A party to an inter partes review may submit supplemental information within one month of institution if the party can show that the supplemental information is “relevant to a claim for which the trial has been instituted.”...more

Akin Gump Strauss Hauer & Feld LLP

PJM Adds New Notification Requirements for Certain “Change-in-Ownership Transactions”

Effective June 1, 2018, PJM Interconnection, L.L.C. implemented new notification requirements for certain transfers of interests in generation facilities in PJM (collectively, “Change-in-ownership Transactions”). PJM also...more

Jones Day

PTAB Considers Efficiency When Deciding Motions to Submit Supplemental Information

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After IPR institution, a party may file a motion to submit supplemental information so long as (1) the party requests authorization to file the motion within a month of the date the trial was instituted, and (2) the...more

Skadden, Arps, Slate, Meagher & Flom LLP

Reminders for Annual Meeting Proxy Materials

When finalizing proxy materials for upcoming annual shareholder meetings, we recommend that public companies consider the following requirements under the Securities and Exchange Commission (SEC) rules and stock exchange...more

Jones Day

PTAB Denies Request to Submit Supplemental Information on Skill Level of POSITA

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In a recent decision, the PTAB denied a petitioner’s request for authorization to file a motion to submit supplemental information directed to the level of ordinary skill in the art. Ooma, Inc. v. Deep Green Wireless LLC,...more

Akin Gump Strauss Hauer & Feld LLP

PTAB Allows Petitioner to Supplement Record Regarding Publication Date of Prior Art Reference

On October 23, 2017, a Patent Trial and Appeal Board (PTAB) panel granted Petitioner’s Motion to Submit Supplemental Information (“the Motion”) on the publication date of an asserted reference. At the time the Petition was...more

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