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
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
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
“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
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
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
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
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 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
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
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