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Attacks Mount Against FCC After Repeal of Net Neutrality Rules

by Partridge Snow & Hahn LLP on

The Federal Communications Commission’s (“FCC”) repeal of net neutrality in December was certainly not the final word on the matter. The FCC’s decision to roll back Obama-era rules prohibiting paid preferences, throttling and...more

Rail Inspection Firm Acquires Drone Services Company

American Rail Engineers Corp. (ARE), based in Irvine, California, recently acquired a New Hampshire drone services company, Media Wing, LLC (Media Wing), to conduct geographic information system (GIS) mapping and data...more

Supreme Court To Consider Availability Of Extraterritorial Patent Infringement Damages

by Brooks Kushman P.C. on

On January 12, 2108, the U.S. Supreme Court agreed to hear an appeal addressing whether a patent owner proving infringement under 35 U.S.C. § 271(f) is entitled to damages suffered outside the United States, or whether a...more

PTAB Strategies and Insights - January 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

Medicare 340B Drug Payment Policy Survives Legal Challenge; Hospitals Say, It's Not Over

by Baker Ober Health Law on

A federal court has handed CMS an initial legal victory enabling drastic cuts in Medicare Part B payment to take effect for separately payable drugs and biologicals purchased by hospitals under the 340B Drug Discount Program...more

PTAB Designates Informative Decisions on Timeliness of IPR Petitions

by Knobbe Martens on

In wake of the Federal Circuit’s Wi-Fi One decision, the PTAB has designated two of its decisions as informative on the issue of IPR petition timeliness under § 315(b). This statute provides that an IPR may not be instituted...more

The China Food and Drug Administration pushes forward on conditional approval and compassionate use of new drugs

by Hogan Lovells on

On December 20, 2017, the China Food and Drug Administration (“CFDA“) released two draft documents for public comment: (1) Conditional Approval for Urgently Needed Drugs Technical Guidance (the “Draft Conditional Approval...more

Post-market medical devices, cybersecurity, and the U.S. FDA’s growing concerns

by Hogan Lovells on

From insulin pumps and pacemakers to defibrillators, medical devices increasingly rely on wireless and internet connectivity for efficient operations. Unfortunately, these interconnections also leave devices vulnerable to an...more

USITC Responds to Trade Representative’s Request to Identify ‘Unforeseen Developments’ That Led to Solar Cell Decision

by Morgan Lewis on

US International Trade Commission’s response to unforeseen developments signals strong administration action on solar cell tariffs....more

PTAB Designates Two 35 U.S.C. §315(b) Cases Informative

by Jones Day on

On January 10, 2018, the PTAB designated two decisions weighing on 35 U.S.C. § 315(b) as informative: Luv N’ Care, Ltd. v. McGinley, IPR2017-01216, Paper 13 (P.T.A.B. Sept. 18, 2017) (AIA § 315(b), insufficient funds at...more

FDA Proposes to Delay Off-Label “Intended Use” Rule

by Reed Smith on

Perhaps you have heard that elections have consequences. That is true not only for high-profile issues that hog the headlines on CNN and Fox News, but it is also true for drug and device litigation regulation. Such drug and...more

PTAB Designates Two New Informative Decisions Addressing IPR Filing Issues

by Brooks Kushman P.C. on

The PTAB recently designated two decisions as informative that concern the time bar to filing an inter partes review (IPR). Under 35 U.S.C. § 315(b), “An inter partes review may not be instituted if the petition requesting...more

Your Daily Dose of Financial News

by Robins Kaplan LLP on

More trouble for the embattled British PM Theresa May. We learned yesterday that Britain’s second-largest construction firm—Carillion—was forced into liquidation after amassing a staggering $1.35 billion in debt. The downfall...more

Drones May Improve Safety and Efficiency for U.S. Airport Operations

While it may seem counter-intuitive, airports might just be one of the safest places for drones to fly; that is, with the caveat that drone flight in the unregulated airspace around the airports is clearly not safe and not...more

First Drone Passenger Flight Set for 2018 in London

The first drone passenger flight (test flight that is) is set for 2018 in London. These passenger drones (also known as vertical take-off and landing aircraft—VTOLs) could cut the travel time from the Charing Cross train...more

California Environmental Law & Policy Update - January 2018 #2

by Allen Matkins on

Focus - Brown administration working to scale down $17 billion Delta tunnels project - The Mercury News - Jan 12 Faced with a shortage of money and political support after seven years of work, Governor Jerry Brown’s...more

FDA 2017 Year in Review

by McDermott Will & Emery on

The US Food and Drug Administration’s (FDA’s) 2017 regulatory agenda was marked by inactivity in the months following the presidential inauguration. Since FDA Commissioner Scott Gottlieb’s Senate confirmation in May 2017, the...more

Corporate Law & Governance Update - January 2018

by McDermott Will & Emery on

Technology-Driven Disruption - Recent news stories and governance publications serve to underscore the challenge to health systems posed by innovation-based business model disruption. Health care boards will be expected to...more

Stanford Medical Center Seeks FAA Approval for Blood Delivery by Drone

Stanford Medical Center (Stanford) is pursuing a new concept in the health care world—blood delivery to hospitals by drones. Currently, Stanford is seeking the Federal Aviation Administration’s (FAA) approval for this type of...more

The USPTO’s Nautilus

The Office rejected claims to a “water leakage detector” under 35 U.S.C. § 112, second paragraph, as indefinite. In particular, the Office found that the water detector “configured to be reliably installed by an untrained...more

Continuing Uncertainty on Scope of IPR Petitioner Estoppel

The inter partes review procedure includes an estoppel provision that prohibits an IPR petitioner from later raising before the U.S. Patent and Trademark Office, a district court or U.S. International Trade Commission any...more

Federal Circuit Rules That PTAB Rejection Of IPR Time-Bar Defense Is Reviewable

by Brooks Kushman P.C. on

In an en banc decision, the U.S. Court of Appeals for the Federal Circuit ruled that the appeals court may review the Patent Trial and Appeal Board’s determination, in connection with a decision to institute inter partes...more

Federal Circuit PTAB Appeal Statistics – December 2017

by Finnegan – AIA Blog on

Through December 15, 2017, the Federal Circuit decided 289 PTAB appeals from IPRs and CBMs. The Federal Circuit affirmed the PTAB on every issue in 216 (74.74%) cases, and reversed or vacated the PTAB on every issue in 32...more

Rise of the Drones: Flying Over Newton and Registration Requirements Reinstated

by Goulston & Storrs PC on

The skies are a little friendlier for drones now that the Dutch police have suspended their squad of drone-hunting eagles. This is also great news for retailers, as drone popularity continues to soar with overall electronics...more

Trademark Law Update: Federal Circuit Strikes Down Lanham Act’s Ban on “Immoral” or “Scandalous” Marks

by K&L Gates LLP on

In June 2017, the U.S. Supreme Court in Matal v. Tam struck down as unconstitutional a provision of section 2(a) of the Lanham Act, which had permitted the U.S. Patent and Trademark Office (USPTO) to refuse to register...more

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