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Perspectives on the PTAB Newsletter - November 2017

The Perspectives on 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...more

What if IPRs are Found Unconstitutional in Oil States?

On November 27, the Supreme Court will hear arguments in Oil States Energy Services, LLC v. Greene’s Energy Group, LLC. The issue is: - Whether inter partes review, an adversarial process used by the Patent and Trademark...more

Defending The Business-To-Business Data Breach Lawsuit

by Ellis & Winters LLP on

Hardly a day goes by without a headline announcing that a prominent company has fallen victim to a data breach. These headlines are followed, almost inevitably, by reports of class action lawsuits filed by consumers whose...more

California Court Enjoins Canadian Court’s Global De-listing Order to Google as Contrary to CDA

In a decision that sets up a potential international comity showdown, a California district court granted Google’s request for a preliminary injunction preventing enforcement in the U.S. of a Canadian court order that...more

The Google Injunction: US Federal Court Responds to Supreme Court of Canada

by Field Law on

As noted in our recent summary of the Supreme Court of Canada (SCC) decision in the ongoing fight between Google and Equustek Solutions, Google lost in Canada’s top court. Google promptly filed an application in US Federal...more

A Second Look at Eye-Drop Litigation

by Reed Smith on

Just two days ago, Bexis lowered the boom on the Third Circuit’s recent decision in Cottrell v. Alcon Labs, ___ F.3d ___, 2017 WL 4657402 (3d Cir. Oct. 18, 2017). In a 2-1 decision, the Cottrell court permitted the...more

Standing Out

by Reed Smith on

Last month we brought you word of an excellent result (preemption) in a ridiculous case - a class action claiming that the drops in eye-drops are too big. That decision was in accord with an earlier decision likewise...more

There’s no debate: freedom of speech presents challenging legal issues for workers and employers in the age of social media

by Womble Bond Dickinson on

John Pueschel, partner in the Winston-Salem office of Womble Bond Dickinson, examines the limits on employee free speech and use of social media against the background of recent events at Google and in Charlottesville....more

Microsoft Claims Victory in Challenge to DOJ’s Practice of Seeking “Gag Orders” under the Stored Communications Act

by Morrison & Foerster LLP on

Last week, the Department of Justice (DOJ) announced a new policy that significantly restricts its practice of seeking non-disclosure orders under the Stored Communication Act (SCA), 18 U.S.C. § 2705(b), in connection with...more

Standing Only Gets You So Far. Scottrade Offers Tactics To Win The Data Breach Class Action War

by Orrick - Trust Anchor on

A recent skirmish about standing in data breach class actions (this time in the Eighth Circuit), involving securities and brokerage firm Scottrade, suggests that, even if plaintiffs win that limited question, there are other...more

Second Circuit Set to Address Key Issues Under Illinois Biometric Information Privacy Act

by Locke Lord LLP on

The Second Circuit became the first U.S. Court of Appeals to wade into the rising tide of litigation under Illinois’s Biometric Information Privacy Act (“BIPA”) when it conducted oral argument on October 26, 2017 in a BIPA...more

The Past, Present, and Future of Government Regulation of Off-Label Communications – Part 5

In this post, I will be focusing on the intersection of off-label communications with government enforcement of health care fraud through the False Claims Act. Over the past eight years, the U.S. Department of Justice (“DOJ”)...more

Is the Frye Standard Making a Comeback in Florida?

On July 11, 2017, the Florida Supreme Court accepted jurisdiction of a case in which it is expected to finally decide, conclusively, whether Florida courts are to apply the Frye or Daubert standard to determine admissibility...more

Nonprofit Group Files IPR Petition Seeking to Invalidate Hepatitis C Drug Patent

by Knobbe Martens on

In an effort to lay the groundwork for generic entry and reduced drug prices, the non-profit group Initiative for Medicines, Access and Knowledge, Inc. (I-MAK), with the support of the Laura and John Arnold foundation, has...more

California’s Drug Price Transparency Bill

by Knobbe Martens on

On October 9, 2017, California Governor Jerry Brown signed the new drug price transparency bill SB 17. The new law requires pharmaceutical companies to give 60 days’ notice to state and health insurers if they plan to raise...more

Federal Circuit Review - September 2017

by Knobbe Martens on

IPR Appellants Must Satisfy Article III Standing - In Personal Audio, LLC v. Electronic Frontier Foundation, Appeal No. 2016-1123, the Federal Circuit held that standing for an appeal to a federal court is based on the...more

MoFocus: Our Insights into the Risk + Crisis Landscape - Vol.1 Issue. 2

by Morrison & Foerster LLP on

Arrest of a Chinese National on Hacking Charges Illustrates How U.S. Tactics Are Changing to Meet the New Cyber Threat - In August, Yu Pingan, a Chinese national, was arrested on charges that he conspired to acquire and...more

Sovereign Immunity and Inter Partes Review

by Knobbe Martens on

Sovereign immunity refers to the doctrine that the government cannot be sued without its consent. Specifically, the 11th Amendment precludes federal courts from exercising jurisdiction over states in suits brought by private...more

Patents for Billion Dollar Restasis Drug Under Siege

Using an innovative strategy, pharmaceutical company Allergan recently transferred the patents associated with the eye drug, Restasis, to the Saint Regis Mohawk Tribe, in exchange for an exclusive license back. The tribe...more

Measure Introduced In The House To Restrict Internet Surveillance Of Americans

by King & Spalding on

On October 6 a bipartisan group of lawmakers from the House Judiciary Committee unveiled the USA Liberty Act (H.R. 3989), which seeks to reform and reauthorize Section 702 of the Foreign Intelligence Surveillance Act. Section...more

Data Scraping, Bots and First Amendment Rights

by Patrick Law Group, LLC on

A recent case involving a small workforce analytics startup fighting for its right to extract data from the largest professional networking site on the Internet may set a precedent for applying constitutional principles to...more

Data Breach Doubleheader: The Eighth Circuit Issues Two Decisions Addressing Boundaries of Standing in Data Breach Class Actions

by K&L Gates LLP on

In two recent decisions, the Eighth Circuit addressed the hotly-litigated issue of when consumer plaintiffs have standing to pursue claims arising out of a data breach. The decisions stake out the Eighth Circuit’s positions...more

Upcoming Supreme Court Case: Carpenter v. United States

by Morgan Lewis on

On June 5, 2017, the Supreme Court of the United States granted certiorari in Carpenter v. United States, a case in which the court will assess and decide the extent of the Fourth Amendment’s protection against a warrantless...more

FTC to hold workshop on informational injury

by Ballard Spahr LLP on

The FTC has announced that it will host a workshop on December 12, 2017 in Washington, D.C. to examine consumer injury in the context of privacy and data security....more

The Next Big Thing: Recruiting With Snapchat

by Fisher Phillips on

Forward-thinking businesses are using social media to further their recruiting efforts. They know that in order to communicate with Millennials, you have to speak their language. To that end, the latest social media platform...more

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