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Holland & Knight LLP

Section 101 Patent Eligibility Roundup: A Senate Hearing, a New Cert Petition and More

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The Senate on Jan. 23, 2024, held a hearing to consider the Patent Eligibility Restoration Act (PERA), the proposed legislation introduced by Sens. Chris Coons (D-Del.) and Thom Tillis (R-N.C.). Tillis noted that though...more

Parker Poe Adams & Bernstein LLP

U.S. Supreme Court Agrees to Hear Case on Whether Lateral Transfer Is Basis for Discrimination Claim

In addition to releasing several major decisions, the end of the U.S. Supreme Court’s annual term included the justices agreeing to hear the appeal of a case with important implications for employers. The case involves the...more

Downey Brand LLP

Sackett v. EPA: U.S. Supreme Court Redefines Waters of the United States, Eliminating Federal Jurisdiction Over Certain Wetlands...

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Last week, the U.S. Supreme Court released its highly anticipated opinion in Sackett v Environmental Protection Agency, delineating the appropriate standard to determine waters of the United States (WOTUS) under the federal...more

McDonnell Boehnen Hulbert & Berghoff LLP

Amicus Briefing in Amgen v. Sanofi: The Rest of the Story - Part III

The Supreme Court's consideration of the standards for satisfying the enablement provisions of 35 U.S.C. § 112(a) has been occasioned for the first time in over a century by the Court's granting certiorari in Amgen v....more

McDonnell Boehnen Hulbert & Berghoff LLP

Amicus Briefing in Amgen v. Sanofi: The Rest of the Story

The Supreme Court's consideration of the standards for satisfying the enablement provisions of 35 U.S.C. 112(a) has been occasioned for the first time in over a century by the Court's granting certiorari in Amgen v. Sanofi. ...more

McDonnell Boehnen Hulbert & Berghoff LLP

GlaxoSmithKline Files Amicus Brief in Amgen v. Sanofi

The Supreme Court's decision to grant certiorari in Amgen v. Sanofi is the first time in almost a hundred years that the Court has deigned to consider sufficiency of disclosure decisions, in this case enablement under 35...more

Harris Beach PLLC

National Mass Torts: 2022 Year in Review

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Harris Beach attorneys Abbie Eliasberg Fuchs, Bradley M. Wanner and Daniel R. Strecker review and analyze key judicial holdings and legal developments in New York, the federal arena and across the country that have affected...more

Cadwalader, Wickersham & Taft LLP

Intellectual Property Law: Looking Forward to 2023

With the continuing advancements of cutting-edge technologies — such as genome editing (CRISPR) and Non-Fungible Tokens (NFTs) — U.S. courts will have a full docket of challenging IP cases throughout 2023. Below are some of...more

Harris Beach PLLC

U.S. Supreme Court to Decide on Enablement Standard for Biotech Antibody Patents in Amgen v. Sanofi

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In 2021, the Federal Circuit determined that Amgen’s biotech antibody patents lack enablement, i.e., the specification did not teach one of ordinary skill in the art how to make and use the invention without undue...more

Wiley Rein LLP

Wiley Consumer Protection Download (January 24, 2022)

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Welcome to Wiley’s update on recent developments and what’s next in consumer protection at the Consumer Financial Protection Bureau (CFPB) and Federal Trade Commission (FTC). In this newsletter, we analyze recent regulatory...more

CDF Labor Law LLP

Supreme Court to Hear Consolidated Appeals on Vaccine Mandates on January 7, 2022

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While the Supreme Court declined to stay the implementation of the Occupational Safety and Health Agency’s vaccine mandate for employers with 100+ employees or to change the status of the rule issued by the Centers for...more

Polsinelli

The Legal Challenges to the OSHA ETS and CMS Vaccine Mandate move to the Supreme Court

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On December 22, 2021, the Supreme Court of the United States issued orders granting review of legal challenges to the Occupational Safety and Health Administration’s COVID-19 Vaccination and Testing Emergency Temporary...more

Goodwin

SCOTUS Grants Certiorari to Decide Whether Automatic Discovery Stay Applies to Securities Act Cases in State Court

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SCOTUS Grants Certiorari to Decide Whether Automatic Discovery Stay Applies to Securities Act Cases in State Court; Delaware Court of Chancery Dismisses Stockholder Suit Against FedEx for Failure to Make Pre-Litigation...more

Lowenstein Sandler LLP

Supreme Court Grants Certiorari In Web Scraping Case hiQ v. LinkedIn

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On June 14, the United States Supreme Court issued a summary disposition in hiQ Labs, Inc. v. LinkedIn Corp. granting certiorari, vacating the Ninth Circuit’s previous judgment, and remanding the case for additional...more

Dorsey & Whitney LLP

Google v. Oracle: What We Learned from Oral Argument

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On October 7, 2020, the Supreme Court heard arguments in Google v. Oracle, a decade-long battle challenging Oracle’s claim to own copyrights in certain aspects of its Java software platform that Google implemented in Android...more

Sunstein LLP

The Supreme Court Ponders These Questions in Google v. Oracle: Is the Sky Falling? Is JAVA like the QWERTY Keyboard?

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The Supreme Court heard oral arguments on October 7 in Google v. Oracle, which involves a Federal Circuit decision that we have discussed here. The primary question is whether the code of application programming interfaces...more

Sheppard Mullin Richter & Hampton LLP

Why Patents Can Matter In Trade Secret Cases

Why should companies considering trade secret litigation consider their patent portfolios? After all, trade secrets, by definition, are secret. They have value in the marketplace by virtue of not being disclosed. And like the...more

Hogan Lovells

U.S. Government urges Supreme Court to adopt reasonable interpretation of ATDS in TCPA case

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The Supreme Court recently granted certiorari in Facebook, Inc. v. Duguid to resolve a deepening circuit split on the question of what qualifies as an automatic telephone dialing system (ATDS or autodialer) under the...more

Faegre Drinker Biddle & Reath LLP

Facebook And U.S. Government File Supreme Court Briefs Supporting Narrow Interpretation Of ATDS Definition

Last Friday, Facebook and the United States government filed briefs in Facebook, Inc. v. Duguid, the Supreme Court case that promises to resolve the growing circuit split over the interpretation of the definition of an ATDS....more

Womble Bond Dickinson

Sixth Circuit follows Second and Ninth Circuits in finding that an ATDS Encompasses Calls Dialed from a List

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Twenty days after the Supreme Court granted petition for writ of certiorari in Facebook v. Duguid to review the question of what constitutes an ATDS under the TCPA, the Sixth Circuit issued its own opinion addressing this...more

Orrick, Herrington & Sutcliffe LLP

Pending U.S. Supreme Court Cases May Restrict FTC’s Pursuit of Monetary Relief in Privacy and Cybersecurity Matters

Earlier this month, the U.S. Supreme Court agreed to hear a pair of cases that provide it with the opportunity to severely restrict the Federal Trade Commission’s (“FTC’s”) authority to obtain equitable money relief in...more

Ballard Spahr LLP

SCOTUS agrees to hear case on FHFA’s constitutionality with implications for CFPB’s pre-Seila Law actions

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On July 9, the U.S. Supreme Court granted the two petitions for certiorari in Collins v. Mnuchin, the en banc Fifth Circuit decision which held that the FHFA’s structure is unconstitutional because the Housing and Economic...more

Neal, Gerber & Eisenberg LLP

Circuit Split on Definition of “Autodialer” Under the TCPA Leaves Companies at Risk (UPDATED)

UPDATE: On July 9, 2020, the Supreme Court granted a petition for certiorari from Facebook Inc., setting the court up to settle the circuit split over what constitutes an autodialer. ...more

Manatt, Phelps & Phillips, LLP

Special Alert: SCOTUS To Review Scope of TCPA Automatic Telephone Dialing System Definition

On Thursday, July 9, 2020, the Supreme Court granted the petition for certiorari in Facebook, Inc v. Duguid, regarding the definition of an automatic telephone dialing system (ATDS) under the Telephone Consumer Protection Act...more

Womble Bond Dickinson

Supreme Court Will Review ATDS Definition

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In a decision that may have profound importance for TCPA litigation, the Supreme Court announced yesterday that it had granted the petition for writ of certiorari in the case Facebook v. Duguid, where the Court will review...more

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