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Administrative Agency Science, Computers & Technology

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

‘Tis the season for drones- so learn the rules of the sky

by LeClairRyan on

Predictions about the number of drones that will be given as gifts this holiday season have “taken off.” According to the Consumer Technology Association, Americans will buy about 1.6 million drones over the holidays, nearly...more

FDA Issues Guidance on Digital Health

by Stinson Leonard Street on

The Food and Drug Administration (FDA) issued two guidance documents last week clarifying its approach to certain health-related software in response to the addition of Section 520(o) to the Food, Drug and Cosmetic Act, which...more

Dietary Supplement & Cosmetics Legal Bulletin | December 2017

by Shook, Hardy & Bacon L.L.P. on

Sen. Hatch Introduces New Bill Regulating Cosmetic Safety - Sen. Orrin Hatch (R-Utah) has introduced legislation aiming to modernize cosmetics regulation, proposing amendments to the Federal Food, Drug and Cosmetic Act...more

Oral Arguments Summary: Oil States Energy Services, LLC v. Greene’s Energy Group, LLC

by Fish & Richardson on

The Supreme Court heard oral arguments on November 27, 2017, in Oil States Energy Services, LLC v. Greene’s Energy Group, LLC, where the petitioner challenged the constitutionality of inter partes review (IPR) proceedings....more

Minnesota Patent Litigation Wrap-Up – November 2017

by Fish & Richardson on

This post continues our monthly summary of patent litigation in the District of Minnesota, including short summaries of substantive orders issued in pending cases. In November 2017, there were five notable decisions for...more

Judge Koeltl Agrees that “Access” to Confidential Information is Enough to Trigger a Prosecution Bar

On November 20, 2017, District Judge John G. Koeltl (S.D.N.Y.) approved a prosecution bar for “any individual who gains access” to confidential material. In addition, Judge Koeltl determined that post-issuance proceedings,...more

Inherent Obviousness: Available IPR Rationale With a High Standard

by Jones Day on

On November 28, 2017, the PTAB issued a final written decision upholding the patentability of U.S. Patent No. 6,667,061 (IPR2016-01096). The ’061 patent is owned by Alkermes Pharma Ireland, Ltd. and Alkermes Controlled...more

Chief Judge Stark Dismisses Without Prejudice U.S. Patent No. 6,229,366 From Pending Patent Infringement Action Following...

by Fox Rothschild LLP on

By Memorandum Order entered by The Honorable Leonard P. Stark in Power Integrations, Inc. v. Fairchild Semiconductor Int’l, Inc. et al., Civil Action No. 04-1371-LPS (D.Del., December 8, 2017), the Court dismissed without...more

Trade & Manufacturing Alert - December 2017

by King & Spalding on

“Core Elements” Of TPP-11 Agreement Reached In Vietnam - On November 10, 2017, Trade Ministers from the eleven remaining Trans-Pacific Partnership (TPP) countries (minus the United States) announced that they had reached...more

Contingent Patent Ownership Is Not Sufficient For Federal Court Jurisdiction

by Weintraub Tobin on

There is no federal court jurisdiction for disputes involving patents where the claimant does not actually own the patents. The possibility that one might own a patent, if a contingent future event occurs, is not enough. This...more

EDTX & NDTX Monthly Wrap-Up – November 2017

by Fish & Richardson on

This post summarizes some of the significant developments in the Eastern District of Texas and the Northern District of Texas for the month of November 2017. This post will focus on how the Eastern District of Texas continues...more

Federal Circuit PTAB Appeal Statistics – November 2017

by Finnegan – AIA Blog on

Through November 15, 2017, the Federal Circuit decided 275 PTAB appeals from IPRs and CBMs. The Federal Circuit affirmed the PTAB on every issue in 205 (74.55%) cases, and reversed or vacated the PTAB on every issue in 31...more

Zenefits’ Saga in Washington State Continues: Reviewing Officer Reverses ALJ and Finds that Provision of Free Software to General...

• Zenefits’ practice of providing free software to the general public constitutes an improper rebate under the state’s anti-rebate provisions • Ruling could have significant impact on brokers’ ability to provide...more

Federal Circuit Review - November 2017

by Knobbe Martens on

Fractured Federal Circuit Holds Patent Owner Does Not Bear Burden of Persuasion in IPR Motions to Amend - In Aqua Products, Inc. v. Matal, Appeal No. 2015-1177, the Federal Circuit, sitting en banc, held that a patent...more

Why Do Patents Often Include Method Claims And Apparatus Claims?

by Fox Rothschild LLP on

When I send a draft patent application to an inventor who is new to the patent process, the inventor often asks why the claims seem to repeat themselves. A patent application often has one group of claims directed to a...more

Canada releases proposed amendments to Regulations governing patented medicines pricing

by Smart & Biggar on

On December 2, 2017 Canada’s Governor-in-Council published proposed Regulations Amending the Patented Medicines Regulations (“the proposed Regulations”). The 75-day consultation period ends February 15, 2018. The proposed...more

Patent Quality Chat: How Is A USPTO Examiner’s Work Product Reviewed?

In patent prosecution, the feedback loop between interested parties including patent prosecutors, inventors, and in-house counsel helps to provide the best patent applications and office action responses for a high quality...more

PTAB Issues New Procedures for Remands from the CAFC

by Fish & Richardson on

On November 16, the Patent Trial and Appeal Board amended its standard operating procedures and issued new guidance for parties as to what happens after the Federal Circuit remands a case. Prior to this guidance, PTAB panels...more

California Environmental Law & Policy Update - December 2017

by Allen Matkins on

Focus - Groups file lawsuit to undo Trump administration’s approval of Cadiz project - San Bernardino Sun - Nov 28 Three conservation and health safety groups on Tuesday filed a lawsuit in federal court challenging the...more

New FDA Guidance On Determining Whether To Submit An ANDA Or A 505(b)(2) Application

The U.S. Food and Drug Administration (FDA) recently published a draft guidance summarizing the differences between abbreviated new drug applications (ANDA) and 505(b)(2) applications. Both sections were added to the FD&C Act...more

The Benefits and Hurdles of Using Drones for Conservation Surveillance

Drone technology has a myriad of conservation and environmental-protection applications. Drones offer quick, easy and cost-effective aerial imaging as well as sensor and monitoring capabilities. Unlike traditional surveying...more

Chief Judge Stark Denies Mylan Defendants’ Motion To Dismiss Or Transfer For Improper Venue Subject To Right To Renew After...

by Fox Rothschild LLP on

By Memorandum Order entered by The Honorable Leonard P. Stark in Javelin Pharmaceuticals, Inc. et al. v. Mylan Laboratories Limited et al., Civil Action No. 16-224-LPS (D.Del., December 1, 2017), the Court denied without...more

Spotlight on Upcoming Oral Arguments – December 2017

Ariosa appeals from a PTAB decision denying Ariosa’s IPR petition and upholding the validity of Illumina’s ’794 patent. In reaching its decision, the PTAB found that Ariosa failed to establish that the asserted reference...more

Local Drone Law Preempted

by Snell & Wilmer on

On September 21, 2017, in what is believed to be the first federal court ruling on the issue of local drone regulation, the United States District Court for the District of Massachusetts in Singer v. City of Newton,...more

Federal Circuit Clarifies Waiver Of Venue Issue In Light Of TC Heartland, But Issues Still Remain For District Courts To Address

by Weintraub Tobin on

The U.S. Supreme Court’s May 22, 2017 ruling in TC Heartland v. Kraft Foods held that personal jurisdiction alone does not convey venue for patent cases under the patent venue statute. Previously, the Court of Appeals for...more

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