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Publicly Accessible Data

Baker Donelson

CMS Proposes Repeal of Median MA Rate Reporting, While Lawmakers Raise Concerns Over Hospital Price Transparency Compliance,...

Baker Donelson on

As part of the FY 2022 Inpatient Prospective Payment System (IPPS) proposed rule issued on April 27, 2021, CMS intends to repeal a requirement that hospitals report their median payer-specific negotiated charges with Medicare...more

Dorsey & Whitney LLP

Climate Change: Will the SEC Get In Step With Other Regulators?

Dorsey & Whitney LLP on

Climate change is an often talked about issue. Some firmly believe in it; others do not. Regardless of your view, there is a significant quantum of information available on the subject....more

Haug Partners LLP

Federal Circuit Affirms Reference Documents Relied on in Samsung’s Petition Are Publicly Accessible

Haug Partners LLP on

On February 1, 2021, the Federal Circuit affirmed the Patent Trial and Appeal Board’s (“the Board”) invalidation of a video compression patent challenged by Samsung Electronics Co. (“Samsung”). The Court examined two issues:...more

Jones Day

Listserv Working Group Reference Not A Printed Publication

Jones Day on

“Printed publication” under 35 U.S.C. § 102(b) is typically construed to encompass any type of document, as long as the document is “publicly accessible.” See, e.g., Medtronic, Inc. v. Barry, 891 F.3d 1368 (Fed. Cir. 2018)....more

Sunstein LLP

Scraping Too Much Website Data May Be Trade Secret Misappropriation

Sunstein LLP on

Data scraping is a technique in which automated tools-- robots or “bots”--are used to extract large quantities of data from a website. In some cases, the extracted data has been developed by the website owner with...more

Proskauer - New Media & Technology

Wholesale Scraping of “Public” Data May Be Trade Secret Misappropriation

In what could be prove to be an important decision within the context of scraping of “public” data, in a recent case the Eleventh Circuit reversed a lower court’s dismissal of trade secret claims relating to the scraping of...more

Jones Day

Informative: How To Sufficiently Show that a Thesis is Publicly Accessible

Jones Day on

As was previously noted here, the PTAB recently designated one decision as precedential and four as informative concerning the necessary showing for proving up a reference as printed publication prior art. Here is an in depth...more

Orrick, Herrington & Sutcliffe LLP

User Manuals, Reverse Engineering Reports, and Other Commercial Documents: When Are They Publicly Accessible?

In Cisco Systems, Inc. v. Centripetal Networks, Inc., IPR2018-01436, Paper 40, at 23 (PTAB Jan. 23, 2020), the Patent Trial and Appeal Board clarified how a reference tied to a commercial product could qualify as a “printed...more

White & Case LLP

The end of the e-book's secondhand market - Court of Justice of the European Union forbids resale without rights holders' consent

White & Case LLP on

White & Case Technology Newsflash - In a constantly growing number of sectors, the acquisition process is shifting more and more towards digital. This also applies to the book market. Whereas in the past, mainly physical...more

Knobbe Martens

Federal Circuit Review - November 2019

Knobbe Martens on

The Appointments Clause: Ensuring That PTAB Decisions Are Subject to Constitutional Checks and Balances  In Arthrex, Inc. v. Smith & Nephew, Inc., Appeal No. 18-2251, the Federal Circuit ruled that, under the then-existing...more

Sunstein LLP

Exploitation of Publicly Available Website Data May be Unstoppable

Sunstein LLP on

Data scraping is a technique by which automated tools are used to extract data from a website and format the data for analysis. Many companies mine website users’ publicly accessible data in order to tailor products and...more

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