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Administrative Agency Updates

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

PTAB Stays Reexamination in IXI Mobile (R&D) Ltd. v. Google LLC

by Jones Day on

In August 2016, Google petitioned for Inter Partes Review of U.S. Patent No. 7,552,124 (owned by IXI Mobile), asserting that claims 1–10 are unpatentable. In March 2017, the PTAB instituted the IPR as to claims 1–5, but...more

Is This The Beginning Of The End Of The NLRB’s War On Employer Rules? - ALJ Rules Broad Confidentiality and Texting Rules Lawful

by Fisher Phillips on

Employers who have been keeping up with the National Labor Relations Board’s (NLRB) decisions over the past eight years may be pleasantly shocked to learn that an Administrative Law Judge (ALJ) just upheld an employer’s...more

Pennsylvania Fails to Timely Reissue General Permit for Stormwater Discharges Associated with Construction Activities – After...

by McNees Wallace & Nurick LLC on

After December 7, 2017, new Pennsylvania land development projects that disturb in total over an acre of land will require an individual National Pollutant Discharge Elimination System (“NPDES’) permit. Although the...more

Chevron Deference: Should a Government Agency Get to Decide its Own Contract Disputes?

by Bass, Berry & Sims PLC on

For more than 30 years, courts have deferred to administrative agencies’ interpretation of ambiguous statutes, unless the interpretation is unreasonable. The doctrine is called “Chevron deference” after the decision that...more

The Patent Trial And Appeal Board Extended One Year Pendency Of An Inter Parte Review For Considering The Impact Of Aqua Products,...

by Brinks Gilson & Lione on

The Patent Trial and Appeal Board (PTAB) issued a first decision extending one year pendency of an inter partes review for good cause. Minerva Surgical, Inc. v. Hologic, Inc., IPR2016-00868, Paper No. 57 (P.T.A.B. October 5,...more

California Environmental Law and Policy Update - October 2017 #3

by Allen Matkins on

Focus - Santa Clara Valley Water District rejects twin Delta tunnels plan, endorsing smaller version instead - San Jose Mercury News - Oct 17 - In a landmark vote closely watched across California, the Santa Clara Valley...more

SEC No-Action Letter Regarding Investments in Credit Risk Transfer Securities

On October 16, the SEC Division of Investment Management granted no-action relief in response to a request by Orrick on behalf of Redwood Trust. The Redwood request and the SEC staff response impact the way in which...more

FOIL Follies- Draft Plans Once Submitted Must Be Made Available

by Farrell Fritz, P.C. on

New York’s Freedom of Information Law (“FOIL”) mandates that agencies make all “records” available for public inspection and copying, subject to certain exemptions. See, Public Officers Law. ...more

Amazon’s Scanning Technology for Package Delivery

If you haven’t yet heard about it, Amazon is on the forefront of package delivery. And if you think that is old news (which it is!), have you heard about Amazon’s scanning technology capable of scanning the homes down below...more

Is it a drug, device, biologic, or combination product? FDA issues final guidance on classification

by Hogan Lovells on

On September 26, 2017, the Food and Drug Administration (FDA) published a final guidance document providing further clarity on how FDA classifies a product as a drug, device, biological product, or a combination product,...more

Oregon OSHA Proposes to Increase Penalties

by Stoel Rives LLP on

August 1, 2016, the federal Occupational Safety and Health Administration significantly increased the maximum penalties for violation citations. As a result of these changes, Oregon OSHA has proposed to increase the minimum...more

PTAB Designates as Precedential the General Plastics Decision on Follow-On Petitions

by Knobbe Martens on

On October 18, 2017, the PTAB designated as “precedential” a major portion of its prior decision in General Plastic Industrial Co., Ltd. v. Canon Kabushki Kaisha. The decision was previously designated “informative,” but now,...more

Perspectives on the PTAB Newsletter - October 2017

The PTAB Newsletter is designed to be a valuable resource for all stakeholders in the global patent arena throughout the patent life cycle. To that end, articles will provide perspectives from both sides of the “v” with an...more

Lorenzo's a Schemer, Not a Maker; Dissent Blasts SEC ("Not Fair," "Stinks")

by Burr & Forman on

Cut, paste and forward ? just as the boss instructed. But Lorenzo’s email to two clients was misleading, so the SEC filed an enforcement action. The ALJ held Lorenzo liable for violating anti-fraud provisions and imposed a...more

2017 Supreme Court and Precedential Patent Cases From the Federal Circuit, With Some Significant Cases from 2016

Arbitration - Waymo v. Uber Technologies, 870 F.3d 1342 (Fed. Cir. 2017) - Waymo sued Uber and others for trade secret misappropriation and patent infringement. Uber contends that Waymo should be compelled to...more

Assigning liquidator rights to sue: what has been created?

by DLA Piper on

Following a suite of recent reforms to Australian insolvency laws, liquidators are now able to assign rights to sue, conferred on them personally by the Corporations Act. The new power to assign is broad. It appears that the...more

Cheerios Yellow Box Rejected For Trademark Registration

by Ladas & Parry LLP on

In a precedential decision on August 22 2017, the Trademark Trial and Appeal Board (TTAB) in In re General Mills IP Holdings II, LLC (Serial 86757390) held that the applicant did not provide sufficient evidence to support the...more

PTAB Extends Deadline to Decide IPR Motion to Amend in view of Aqua Products

by Knobbe Martens on

The PTAB extended the deadline for issuing its IPR final written decision on a motion to amend by up to six months to provide additional time to consider the impact of the Federal Circuit’s recent en banc Aqua Products...more

New Commercial Division ADR Rule

On October 11, 2017, Chief Administrative Judge Lawrence Marks amended Rules 10 and 11 of Section 202.70(g) (“Rules of Practice for the Commercial Division”) with respect to Alternative Dispute Resolution (“ADR”)....more

Email Discussions May Be Next: Mississippi Supreme Court Declares Closed-Door “Non-Quorum” Meetings Illegal

The Mississippi Open Meetings Act provides that “the formation and determination of public policy is public business and shall be conducted in open meetings.” Notwithstanding this command, some public boards in Mississippi...more

Allegan’s Restasis Patents Invalidated By A Federal District Court Even After Transfer To Native American Tribe And Sovereign...

by Weintraub Tobin on

In Allergan, Inc. v. Teva Pharmaceuticals USA, Inc. et al, Case No. 2:15-cv-1455-WCB (EDTX October 16, 2017 Order), a Federal District Court recently invalidated several patents covering Allergan’s dry-eye drug Restasis. The...more

PTAB Declines Request to Review Method of Treating Lymphoma Claim

A Patent Trial and Appeal Board (PTAB) panel declined to institute an inter partes review (IPR) of a claim directed to a method for treating low grade B-cell non-Hodgkin’s lymphoma. The challenged method required patients to...more

PTAB Makes Precedential Its Multi-Factor Approach To Assessing Follow-On Petitions

by Jones Day on

Serial IPR or CBM petitions challenging the same patent claims have been a recurring issue for the PTAB. On October 18, 2017, the PTAB designated as precedential a portion of a decision by an expanded panel that addressed...more

Hazardous Waste Enforcement: U.S. Environmental Protection Agency and Nashville, Tennessee Hospital Owner Enter into Consent...

The United States Environmental Protection Agency (“EPA”) and Hospital Authority of the Metropolitan Government of Nashville and Davidson County (d/b/a Nashville General Hospital [“Metropolitan”]) entered into a September...more

PTAB Institutes IPR Despite Potential Time Bar to Petition

On October 6, 2017, the Patent Trial and Appeal Board (the “Board”) granted institution of inter partes review under 35 U.S.C. § 103(a) of claims directed to an online game. Notably, institution was granted despite the Board...more

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