Today Representatives Kevin Kiley (R-CA) and Scott Peters (D-CA) introduced the Patent Eligibility Restoration Act (PERA), bipartisan legislation mirroring a proposed law introduced last year by Senators Thom Tillis (R-NC)...more
In recent years, Congress has considered potential new laws for patent reform, typically changes to the system supported by patent owners. Two main areas of focus are “Section 101” and the “PTAB.” ...more
On October 5, 2023, the World Intellectual Property Organization published Cast21’s PCT application related to its alternative cast device – a 3D-printed exoskeleton created from a medical-grade resin. Cast21’s device seeks...more
Medical Device companies often need the U.S. Food and Drug Administration (FDA) to approve “indications for use” of their products–for use selling them in the U.S. Those same companies often seek U.S. patent protection so...more
(May 30, 2023) Going forward, medical device approval will require the device maker to provide cybersecurity information to the FDA. Congress made this change by adding Section 524B to the Federal Food, Drug, and Cosmetic...more
Introduction -
The Mayo/Alice subject-matter eligibility test has been a controversial topic since its creation. Many have argued that it leaves innovators, particularly in the software field, with uncertainty as to...more
Becton, Dickinson and Company (BD) has partnered with Mayo Clinic to gain access to de-identified patient data from Mayo Clinic Platform_Discover, as reported by a press release dated June 13, 2022. The platform includes data...more
ResApp Health recently announced its planned sale to Pfizer Australia, a wholly owned subsidiary of Pfizer Inc. Pfizer agrees it would acquire 100% of the shares for AUD $0.115 / share, for a total equity value of...more
The European Commission (“EC”) has long sought to improve data privacy for Europeans, even when they interact with global or non-European companies. Laws like the General Data Protection Regulation (or “GDPR”) seek to...more
7/14/2021
/ Cybersecurity ,
Data Controller ,
Data Management ,
Data Processors ,
Data Protection ,
EU ,
European Economic Area (EEA) ,
General Data Protection Regulation (GDPR) ,
Information Governance ,
International Data Transfers ,
New Guidance ,
Personal Data ,
Regulatory Standards ,
Standard Contractual Clauses
While the “right to be forgotten” is part of European law, it is at odds with U.S. precedent. See, e.g., Garcia v. Google, Inc., 786 F.3d 733, 745–46 (9th Cir. 2015). A Georgia law allowing the father of a deceased rape...more
On April 27, 2021, a class action lawsuit was filed against Google, Inc. (“Google”) alleging that the Google-Apple Exposure Notification System (“GAEN”) – the company’s COVID-19 contact tracking app – contained a flaw that...more
On February 26, 2021, Judge James Donato of the U.S. District Court for the Northern District of California granted final approval of a proposed $650 million settlement in a biometric privacy class action lawsuit brought...more
Virginia just became the second state to pass a comprehensive privacy law, the Consumer Data Protection Act (“CDPA”). Business and privacy professionals should evaluate the ramifications: what does it require, who does it...more
It’s generally recognized that the General Data Protection Regulation (GDPR) can apply to entities outside the European Union. However, scant court rulings guide non-European controllers and processors on this question. The...more
A recent legal decision held that privacy guarantees in the California Consumer Privacy Act (the “CCPA”) do not prevent discovery in civil litigation. In Will Kaupelis v. Harbor Freight Tools USA, Inc., the Central District...more
As countries around the world begin administering COVID-19 vaccines, many institutions, both governmental and private, are considering the possibility of requiring proof of COVID-19 status to travel, work, and attend...more
While most 2020 media election coverage focused on the races for President and control of Congress, privacy also had its day at the ballot box.
This blog has previously described California Proposition 24, also known as...more
11/16/2020
/ Ballot Measures ,
California Privacy Rights Act (CPRA) ,
Consumer Privacy Rights ,
Cybersecurity ,
Data Privacy ,
Facial Recognition Technology ,
Law Enforcement ,
Personal Data ,
Personal Information ,
Search Warrant ,
State and Local Government
New York state issued a new mandate requiring that all travelers test negative for the COVID-19 virus both before and after coming to the state. The mandate allows travelers to bypass the 14-day quarantine and requires that...more
An amendment to the California Consumer Privacy Act (“CCPA”) was signed in September 2020. The CCPA regulates how large companies treat their customers’ personal information. However, the CCPA and healthcare information...more
11/5/2020
/ California Consumer Privacy Act (CCPA) ,
Consumer Privacy Rights ,
Cybersecurity ,
Data Collection ,
Data Privacy ,
De-Identification ,
De-Identified Protected Health Information ,
Health Insurance Portability and Accountability Act (HIPAA) ,
HIPAA Privacy Rule ,
Non-Profit Hospitals ,
Personal Information
On August 20, 2020, former Uber Chief Security Officer Joe Sullivan was charged with obstruction of justice and misprision of a felony for knowingly concealing a hack of Uber in 2016. Based on Sullivan’s complaint,...more
9/16/2020
/ Corporate Counsel ,
Cybersecurity ,
Data Breach ,
Data Protection ,
Disclosure Requirements ,
FBI ,
Federal Trade Commission (FTC) ,
Felonies ,
Hackers ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Law Enforcement ,
Obstruction of Justice ,
Popular ,
Securities and Exchange Commission (SEC) ,
Sherman Act ,
Uber
The USPTO has released updated subject matter eligibility guidance that incorporates comments on the changes made in January 2019.The guidance is 22 pages long, with three appendices and 87 footnotes. Below are a few of the...more
10/21/2019
/ Abstract Ideas ,
CLS Bank v Alice Corp ,
Guidance Update ,
Judicial Exception ,
Patent Examinations ,
Patent Trial and Appeal Board ,
Patent-Eligible Subject Matter ,
Patents ,
Product of Nature Doctrine ,
Section 101 ,
USPTO
On May 22, 2019, a bipartisan committee of the U.S. Senate and House released a draft bill on § 101 reform, in a further attempt to reduce procedural obstacles for patent applicants.
The draft bill would change the...more
Yesterday Democrat and Republican legislators from both the Senate and the House of Representatives released a one page outline of a proposal to change the law of patent eligibility. The legislators supporting this proposal...more
4/23/2019
/ Abstract Ideas ,
CLS Bank v Alice Corp ,
Intellectual Property Protection ,
Mayo v. Prometheus ,
Patent Litigation ,
Patent-Eligible Subject Matter ,
Patents ,
Proposed Regulation ,
Section 101 ,
Senate Judiciary Committee ,
USPTO
Much of the modern economy is driven by software development. Companies are creating and refining new apps that run on mobile devices, and using machine learning to provide users with personalized user interfaces and...more
1/29/2019
/ Abstract Ideas ,
America Invents Act ,
CLS Bank v Alice Corp ,
Computer-Related Inventions ,
Covered Business Method Patents ,
Inventions ,
Non-Practicing Entities ,
Patent Examinations ,
Patent-Eligible Subject Matter ,
Software ,
Software Developers ,
Software Patents ,
USPTO
On January 4th, the USPTO announced revised guidance for subject matter eligibility (Section 101 Revised Guidance) and stated it would take effect when published on Monday, January 7, 2019....more