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Administrative Agency Updates

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

Two Recent Trademark Decisions Provide Ammunition for Trademark Owners Who Receive Improper Specimen Refusals for Service Marks

by Fish & Richardson on

In the past few years, many trademark practitioners have noticed an increase in the number of rejections for trademark specimens – the documents that applicants submit to the United States Patent and Trademark Office (USPTO)...more

FERC Meeting Agenda Summary - March 2018

by White & Case LLP on

In This Issue: - Electric Items - Gas Items - Hydro Items - Certificate Items - Below are brief summaries of the agenda items for the Federal Energy Regulatory Commission’s March 15, 2018 meeting, pursuant to the...more

Owning the Patent Isn’t Always Enough for Standing

by Jones Day on

In a recent Initial Determination (“ID”), Administrative Law Judge Lord ruled that a patent owner did not have standing to sue without joining a third party to which certain rights had been transferred. Certain Audio...more

InterConnect - Winter 2018

by Benesch on

We have found that more and more of our clients are involved in e-commerce fulfillment, distribution and last-mile services. We handle sophisticated issues in this sector every single day, including drafting and negotiating...more

How to Get Out of EPA Hot Water Penalty Free

To disclose or not to disclose, that is the question. Although self-disclosure will bring the matter to the Environmental Protection Agency’s attention, it is a great mechanism for reducing penalties for any enforcement...more

A New Manual of Patent Examining Procedure (MPEP) is Available / So is A Revised Chapter 2000 For Duty of Disclosure

A New Manual of Patent Examining Procedure (MPEP), the ninth edition, Revision 08.2017, was made electronically available on January 25, 2018...more

Federal Reserve Proposes Changes to Material Supervisory Determination Appeals Process

by Weiner Brodsky Kider PC on

The Federal Reserve Board (the Board) recently proposed revisions to its guidelines for appeals of material supervisory determinations. The revisions are aimed at improving and expediting the appeals process, particularly...more

Finjan Your Claims into Patent Eligibility (Presentation)

by Workman Nydegger on

- Finjan is a cybersecurity company that provides various security services, including mobile VPN and virus screening services. Finjan owns several patents related to cybersecurity. - Blue Coat is a software company that...more

Fresh From the Bench: Latest Federal Circuit Court Cases

PATENT CASE OF THE WEEK - Ottah v. Fiat Chrysler, Appeal No. 2017-1842 (March 7, 2018) - In Ottah v. Fiat Chrysler, the Federal Circuit affirmed a district court’s grant of summary judgment of non-infringement as to...more

Corps of Engineers to Streamline Section 408 Permitting Process

by Holland & Hart LLP on

In February 2018, the U.S. Army Corps of Engineers (“Corps”) issued a draft Engineering Circular (“EC”) outlining proposed policies and procedures regarding how it will address third-party requests to alter civil works...more

Unicorn Sighting: NLRB Overturns ALJ Credibility Determination

As we have seen, there are few things that can be counted on in labor relations. Oftentimes, several experts look at the same problem and come to vastly different conclusions. What is (almost) guaranteed, however, is that the...more

Arkansas Environmental Federation Water Seminar: Little Rock, Arkansas – April 18th

The Arkansas Environmental Federation (“AEF”) will hold its annual Water Seminar on April 18th. The seminar will be held in Little Rock, Arkansas, at the Holiday Inn – Airport....more

Protecting Artificial Intelligence and Big Data Innovations Through Patents: Subject Matter Eligibility

by Jones Day on

The Situation: Artificial intelligence ("AI") and big data ("BD") innovations are a driving force of the current technological revolution, dramatically changing the way we search for information, communicate, operate devices,...more

Obtaining FDA clearance or approval of digital health products

by Hogan Lovells on

Many digital health products are regulated by the U.S. Food and Drug Administration (FDA) as medical devices or, when used in conjunction with a specific drug or biological product, as combination products requiring clearance...more

New Source Review/Clean Air Act: March 13th U.S. Environmental Protection Agency Memorandum Addressing Project Emissions...

The United States Environmental Protection Agency (“EPA”) Administrator E. Scott Pruitt issued a March 13th guidance memorandum titled: Project Emissions Accounting Under the New Source Review Preconstruction Permitting...more

Chinese Government Reorganization

by WilmerHale on

Attention during China's annual lianghui (conferences of the advisory Chinese People's Political Consultative Conference followed by the largely rubber stamp legislative National People's Congress) focused on adoption of the...more

Massive Adoption of Drones; Safety Still Top Concern for Officials

At the Association for Unmanned Vehicle Systems International (AUVSI) and Federal Aviation Administration (FAA) co-hosted Unmanned Aerial Systems (UAS or drones) Symposium in Baltimore, Maryland last week, all speakers agreed...more

FDA to Evaluate Minimally or Non-Addictive Cigarette Product Standard, Also Plans to Look at Flavors and Premium Cigars

Earlier today, U.S. Food and Drug Administration (FDA or the Agency) Commissioner Scott Gottlieb, M.D., announced FDA’s issuance of an advance notice of proposed rulemaking (ANPRM) to explore a product standard to lower...more

US Mayors Join Net Neutrality Cause

by Morgan Lewis on

As of this past Monday, 11 US mayors have signed a pledge defending “net neutrality” in their cities and towns. The pledge, titled “Cities Open Internet Pledge,” was introduced by Mayors Bill de Blasio of New York, Ted...more

EPA Reverses Obama-Era Interpretation of New Source Review Major Source Trigger

by Morgan Lewis on

A new policy memorandum means that some proposed projects at large-emitting facilities would not be subject to major clean air new source review obligations. ...more

Washington Appellate Court Upholds County Ban on Retail Marijuana Sales

The Washington Court of Appeals Division II has ruled that Clark County can lawfully ban the retail sale of marijuana within its unincorporated areas. In a unanimous decision issued on March 13 in Emerald Enterprises, LLC v....more

Where’s My Money? Oregon Sales Tax Refunds

In our last installment, we discussed the reasons why Oregon’s cannabis sales tax should not apply to cannabis seeds. So what do you do if you believe that a retailer wrongfully charged you sales tax on seeds or any other...more

Trade & Manufacturing - March 2018

by King & Spalding on

U.S. Department Of Commerce Releases Reports And Recommendations In Steel, Aluminum National Security Investigation - On February 16, the U.S. Department of Commerce (Commerce) released its reports and recommendations to...more

Energy Newsletter - March 2018

by King & Spalding on

Good news at last for the development of offshore wind projects in France - While France had launched in 2011 a very ambitious offshore wind farm development program, aiming to reach 6 GMW of wind turbine installations at...more

PTAB Reversed For Giving Process Step In Product Claims No Weight

by Jones Day on

Whether a process step in product claims is afforded patentable weight has been an issue gaining more attention recently. The Federal Circuit weighs in on the topic in In re Nordt Dev. Co., LLC, No. 2017-1445, 2018 WL 774097...more

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