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Administrative Agency Updates

Read need-to-know updates, commentary, and analysis on Administrative Agency issues written by leading professionals.

Praxair Distribution, Inc. V. Mallinckrodt Hospital Products

by Knobbe Martens on

Federal Circuit Summaries - Before Prost, Newman, and Lourie. Appeal from the United States Patent and Trademark Office (PTAB) Summary: A limitation that merely claims information by incorporating that information into...more

A Wish for Nonexistent Cheap Drugs Is Not Standing to Sue

The recent releases of highly effective, and highly priced, drugs to treat chronic diseases has bred a spate of efforts by activists to disenfranchise drug developers of their patent rights. One recent chapter is instructive,...more

National Labor Relations Board Deviates from Typical Practice and Announces that It is Considering Rulemaking to Address Joint...

On May 9, 2018, the National Labor Relations Board (“NLRB”) announced it is considering rulemaking to address the standard for determining joint-employer status under the National Labor Relations Act (“NLRA”)...more

California Regulatory Happenings - Week of May 14, 2018

by Buchalter on

?...On 5/26/17, the ALJ issued a proposed decision implementing new compliance requirements for the RPS program in response to SB350. These new rules for long-term contracts start with the compliance period beginning 1/1/21....more

Preventing Emerging Threats Act Introduced

Last week, a group of U.S. Senators introduced the “Preventing Emerging Threats Act of 2018” which would give the U.S. Department of Homeland Security (DHS) and the Department of Justice (DOJ) the ability to take action...more

Judge Supports CIA on Selective Disclosure of Classified Information to Journalists

by Ballard Spahr LLP on

Recently, in Johnson v. CIA, Chief Judge Colleen McMahon of the U.S. District Court for the Southern District of New York sided with the CIA when she held that the agency was not required to produce classified information in...more

Anacor Pharmaceuticals, Inc. v. Iancu

by Knobbe Martens on

Federal Circuit Summaries - Before Reyna, Bryson, and Stoll. Appeal from the Patent Trial and Appeal Board. Summary: A petitioner in an Inter Partes Review may introduce new evidence not included in its petition if: 1)...more

Avoiding Estoppel Is Not Good Cause To Withdraw Grounds After Institution

by Jones Day on

We recently reported some early observations about possible trends at the PTAB in the wake of the Supreme Court’s decision in SAS Institute Inc. v. Iancu. See Observations: Three Weeks After Supreme Court’s SAS Institute...more

State Agency-Sponsored Pizza? TTAB Rules on New Jersey Turnpike Authority's Trademark Opposition

Do you often find yourself asking which highway management state agency has the best pizza? Or do you ever show up to a pizza chain, disappointed it isn’t a highway management state agency? If not, a recent decision by the...more

DAG Rosenstein Reinforces Value of Effective and Tailored Compliance Programs

by Morgan Lewis on

Deputy Attorney General Rod Rosenstein delivered remarks on May 21 at the Mayflower Hotel in Washington, DC, as part of Compliance Week’s 2018 Annual Conference for Risk Professionals. In candid remarks, Mr. Rosenstein...more

As Congress Examines Telecommunications Industry Challenges, Threats To Competition And National Security Remain Key Focus Areas

by King & Spalding on

Last Wednesday, May 16, the House Energy & Commerce Committee’s Communications and Technology Subcommittee (the “Subcommittee”) held a hearing entitled, “Telecommunications, Global Competitiveness, and National Security,”...more

PTAB Strategies and Insights - May 2018: “Addendum – Lack of Motivation to Combine – Avoid Declarant Weaknesses”

As follow up to last month’s article on lack of motivation to combine, another just released Board decision in IPR2016-00972 (Paper 18) again found for patent owner because the petition failed to provide a proper motivation...more

OMB Releases Spring 2018 Unified Agenda of Regulatory Actions

by Hogan Lovells on

The Office of Management and Budget (OMB) recently released the Spring 2018 Unified Agenda of Regulatory Actions for federal agencies, which outlines the rulemaking actions currently under development in each federal agency....more

FDA tries to prod Big Pharma on prices with a new ‘naming and shaming’ list

After critics called President Trump’s long-awaited plan to rein in Big Pharma’s rapacious prices disappointing, his administration launched a much-tried tactic against the industry: “naming and shaming.” The federal Food and...more

Pennsylvania Superior Court Questions Voir Dire Procedure in Recent Opinion

by Steptoe & Johnson PLLC on

On May 14, 2018, the Pennsylvania Superior Court issued an Opinion in which it reversed the Allegheny County trial court’s denial of Plaintiffs’, Mendy Trigg, et al., Motion for a New Trial; vacated the judgment in favor of...more

Fresh From the Bench: Latest Federal Circuit Court Cases

Praxair Distribution, Inc. v. Mallinckrodt Hospital Products IP Ltd., Appeal Nos. 2016-2616, -2656 (Fed. Cir. May 16, 2018) - In an appeal from a inter partes review, the Federal Circuit reviewed a PTAB obviousness...more

Patent Related Changes To Bayh-Dole Act Regulations

by Foley & Lardner LLP on

Several important changes to Bayh-Dole Act implementing regulations took effect on May 14, 2018, that will apply to funding agreements executed after that date and may apply to existing funding agreements modified after that...more

The New York Note - May 2018 #3

by Cozen O'Connor on

Administration Unveils New Platform Dedicated to Helping Women Succeed & First-In-Nation Task Force To Examine Automated Decision Systems - De Blasio Administration Unveils Women.NYC, New Platform Dedicated to Helping...more

Food and Beverage News and Trends

by DLA Piper on

Menu labeling goes into effect. The FDA's menu-labeling rule is now in effect nationwide. The rule requires thousands of retail food establishments with 20+ locations to post calorie counts on menus and menu boards. FDA...more

Potential Issues for “Not Yet Practicing” PTAB Petitioners: Constitutional Requirements for Appealing PTAB Decisions

by Orrick - IP Landscape on

Order Reversing-In-Part, Vacating-In-Part, and Remanding, Altaire Pharmaceuticals, Inc. v. Paragon Bioteck, Inc., Appeal No. 2017-1487 (Fed. Cir. May 2, 2018) (Judge Evan J. Wallach) - Occasionally, a company may file a...more

Will There Be Less IPRs Moving Forward?: A Review of SAS Institute Inc. v. Iancu

by Workman Nydegger on

Recently, the Supreme Court handed down its decision in SAS Institute Inc. v. Iancu, 584 U.S. ____ 2018). In sum, the Supreme Court has decided that when instituting an inter partes review, the United States Patent and...more

ITC: Commission Amends Rules of Practice and Procedure

by Hogan Lovells on

On Tuesday May 8, 2018, the U.S. International Trade Commission (“ITC” or “The Commission”) published amended Rules (19 C.F.R. Parts 201 and 210) regarding practice and procedure in an effort to streamline and “improve the...more

Administrative Hearing Office Proposed for State Water Resources Control Board - Proposed Legislation Would Provide for Efficient...

by Best Best & Krieger LLP on

With the release of California’s budget trailer bill came proposed new legislation that would add an Administrative Hearing Office within the State Water Resources Control Board....more

FINRA Updates AML Rules to Conform to Upcoming Customer Due Diligence Requirements

by Shearman & Sterling LLP on

The Financial Industry Regulatory Authority published amendments to FINRA Rule 3310, the anti-money laundering compliance program rule. The FINRA amendments seek to harmonize Rule 3310 with the Customer Due Diligence...more

Oregon US Attorney Releases Priorities in Enforcement of Federal Marijuana Laws in Oregon

by Lane Powell PC on

If you are involved in the marijuana industry in Oregon, and haven’t yet seen the pronouncement from the U.S. Attorney for the District of Oregon, then you should stop what you are doing and listen up: the Feds will not...more

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