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Administrative Agency Updates

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

Gavel to Gavel: Labor Board goes back to the future

by McAfee & Taft on

In its short time, the newly reconstituted National Labor Relations Board has returned to the past on important labor-management subjects. With the new administration in Washington, most observers expected the NLRB to revisit...more

PTAB Strategies and Insights - February 2018

The PTAB Strategies and Insights 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...more

Comprehensive Environmental Response, Compensation and Liability Act/Hardrock Mining: February 21st Announcement of Declination to...

The United States Environmental Protection Agency (“EPA”) published a February 21st Federal Register Notice announcing its decision to not issue final regulations for Comprehensive Environmental Response, Compensation and...more

Be Advised: Settlement Does Not Necessarily End An IPR Or PGR

by Jones Day on

The AIA expressly anticipates and permits a patent owner and a petitioner to reach a settlement during the pendency of a post-grant proceeding. For IPRs, 35 U.S.C. § 317(a) is entitled “Settlement” and provides, in pertinent...more

Updates to USPTO eMod Project to Improve E-Filing/Managing Patent Applications

The U.S. Patent and Trademark Office (USPTO) is implementing eCommerce Modernization (eMod), as discussed at a USPTO Patent Quality Chat webinar on February 13, 2018. Highlighted features of the eMod project are described in...more

As Ninth Circuit Expands Clean Water Act Liability for Groundwater Discharges, EPA Seeks Comment on Clean Water Act Coverage

by King & Spalding on

A recent Ninth Circuit decision has expanded Clean Water Act (“CWA” or the “Act”) liability, holding that discharges to groundwater are actionable if there is a “fairly traceable” connection between the groundwater discharge...more

Federal Circuit Provides Guidance on Evidence to Satisfy Burden of Proving Infringement in Hatch-Waxman Litigations

by Locke Lord LLP on

On February 9, 2018, the Federal Circuit affirmed the District of Delaware’s holding that Merck Sharp & Dohme Corp. (“Merck”) failed to meet its burden of proving that Amneal Pharmaceuticals LLC’s (“Amneal”) ANDA product...more

NLRB Solicits Briefs On Independent Contractor Misclassification As ULP Issue

by Jackson Lewis P.C. on

National Labor Relations Board Administrative Law Judge Arthur J. Amchan had ruled in Velox Express, Inc. that misclassification of employees as independent contractors violates Section 8(a)(1) of the National Labor Relations...more

Considering Offering Severance Pay in Exchange for Certain Post-Employment Obligations? Think Again.

An employer violated employee’s labor rights by offering her a separation agreement that contained unlawful terms ruled a National Labor Relations Board (“NLRB”) administrative law judge (“ALJ”) in Baylor Univ. Med. Ctr.,...more

Cybersecurity: UK Government Releases Response to Public Consultation on NIS Directive

by Latham & Watkins LLP on

Proposed changes provide indication of the yet-to-be-published contents of the NIS Directive’s implementing regulation. The UK government moved closer to implementing the Security of Network and Information Systems...more

OCC Seeks Comments on SAFE Act’s MLO Information Collection Requirement

by Weiner Brodsky Kider PC on

The Office of the Comptroller of the Currency (OCC) recently published a notice and request for comment regarding the Secure and Fair Enforcement for Mortgage Licensing Act’s (SAFE Act) mortgage loan originator (MLO)...more

Louisiana Loses Bid To Vacate Denial Of Reconsideration Of Arbitral Decision In FEMA Assistance Dispute

by Carlton Fields on

FEMA denied a request by the Louisiana Department of Natural Resources (“LDNR”) for assistance restoring barrier islands following Hurricanes Rita and Katrina....more

Massachusetts Outlook: The Remainder of the 2017-2018 Legislative Session

With the end of the 2017-2018 legislative cycle fast approaching, Beacon Hill’s agenda for the coming months has begun to take shape. All major policymaking will need to be concluded by the end of formal sessions on July 31,...more

Three Weeks; Three Decisions Rejecting Regulatory Delays

The Trump administration. The gift that keeps on giving to bloggers. After posting last week about the order requiring DOE to send its energy efficiency standards to the Federal Register for publication, I noted that that...more

Toyota Requests Adverse Judgment After University of Minnesota is Dismissed from IPR on the Basis of Sovereign Immunity

by Knobbe Martens on

A closely watched case on sovereign immunity, Reactive Surfaces Ltd., LLP, v. Toyota Motor Corp., IPR2017-00572, has now been terminated by the patent owner’s request for adverse judgment....more

President Trump Releases Infrastructure Proposal

by Downey Brand LLP on

On Monday, February 12, President Trump formally unveiled his proposed infrastructure package entitled “Legislative Outline for Rebuilding Infrastructure in America.” The proposal outlined the following main goals...more

Federal Circuit Decisions Raise Bar for Invalidating Patents on Section 101 Grounds Before Trial

by Dechert LLP on

Two recent Federal Circuit decisions in the U.S., both penned by Judge Moore, significantly raise the bar for accused infringers seeking to invalidate patents on § 101 grounds before trial. Although one prior Federal Circuit...more

Pesticide/FIFRA Enforcement: U.S. Environmental Protection Agency and Amazon Services, LLC Enter into Consent Agreement

The United States Environmental Protection Agency (“EPA”) and Amazon Services, LLC (“Amazon”) entered into a February 14th Consent Agreement (“CA”) addressing alleged violations of the Federal Insecticide, Fungicide, and...more

Making Amendments to Range Limitations in Patent Claims

by Workman Nydegger on

A patent claim that includes a numerical range may be rejected based on prior art that discloses the range. For example, prior art is considered to anticipate a range if it discloses (1) “a specific example … which is within...more

Federal Circuit: Pre-IPR Institution Disclaimer of Claims Insufficient to Avoid Adverse Judgment

by Foley & Lardner LLP on

At this point, several cases have examined the appealability of the Board’s institution decisions in inter partes review (“IPR”) proceedings. See, e.g., Cuozzo Speed Techs., LLC v. Lee, 136 S. Ct. 2131, 2142 (2015) (holding...more

President Trump Sets Cybersecurity Funding Goals In Budget Proposal

by King & Spalding on

On February 12, 2018, President Trump released a budget proposal for fiscal year 2019 that includes requests for cybersecurity-related funding for the Department of Defense (“DOD”), Department of Homeland Security (“DHS”),...more

Presidential Proclamation Imposes Safeguard Tariff on Solar Panel Components

by King & Spalding on

On January 23, 2018, President Donald Trump issued a presidential proclamation imposing a safeguard tariff on solar panel components. The U.S. Trade Representative (“USTR”) released the following terms of the tariff...more

Discharge of Pollutants/Clean Water Act: U.S. Environmental Protection Agency Request for Comments Addressing Groundwater/Surface...

The United States Environmental Protection Agency (“EPA”) issued a February 20 Federal Register Notice requesting comments on the agency’s previous statements regarding the Clean Water Act and: . . . whether pollutant...more

California Environmental Law & Policy Update - February 2018 #3

by Allen Matkins on

Focus - Trump infrastructure plan would speed up pipeline permitting, cut environmental reviews - Reuters - Feb 12 The Trump administration’s $1.5 trillion infrastructure proposal released on Monday would speed up the...more

Rebuilding Infrastructure in America: The White House Legislative Outline

by King & Spalding on

On February 12, 2018, The White House released President Donald J. Trump’s legislative goals for rebuilding U.S. infrastructure. General Overview - The White House established six (6) principles: 1.STIMULATE...more

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