The Health Data Corner compiles the latest state health care data capacity innovations and policy developments, and showcases select, novel data use cases emerging from states....more
Last year, I described the broad negative and anticompetitive consequences of the IEEE’s 2015 patent policy, and was pleased to see the U.S. Department of Justice’s important 2020 Business Review Letter to IEEE (“DOJ BRL”)...more
In today’s complex technological environment, the development of interoperability standards, especially voluntary, consensus-driven standards, is critical to allow products designed and manufactured by different companies to...more
If millions of young folks in the nation’s largest state seem even sunnier than before, that may be because they are getting a wee bit more needed shut eye: California has become the first state in the nation to order public...more
U.S. Developments - Regulatory Updates - SEC Releases “No-Action Letter” Stating Turnkey Jet ICO Tokens Are Not Securities and Releases “Framework for ‘Investment Contract’ Analysis of Digital Assets” - The U.S....more
La semana pasada, Rand Corporation, que acaba de completar un análisis del sistema federal de impugnación de licitaciones, anunció que lo que el gobierno federal ha estado haciendo particularmente bien es resolver rápidamente...more
Although Congressional Republicans and the Trump Administration may not want to stop their relentless assault on the Affordable Care Act, aka Obamacare, there may be other reasons to persuade them to do so....more
The Situation: The 2018 National Defense Authorization Act requires that the Secretary of Defense implement new rules for enhanced debriefings for certain types of acquisitions. The Result: Once implemented, the enhanced...more
Una impugnación de licitación es un método que permite que un licitante de un contrato gubernamental dispute formalmente la decisión o el proceso de selección del gobierno. Los procedimientos de impugnación de licitaciones...more
The RAND Corporation’s much-awaited report assessing bid protests of Department of Defense (DOD) procurements is out. The report fulfills a Congressional mandate in the National Defense Authorization Act (NDAA) for FY 2017...more
This question is the most recent culmination of a long line of military-related issues with the LGBT community that far pre-date the Trump Administration. Historically, the military took the position that transgender people...more
Over the course of the past year, there have been two notable decisions issued by the Federal Circuit and the International Trade Commission that impact the scope and nature of the remedies available for the infringement of...more
For the first time in 26 years, the FTC and DOJ (the “Agencies”) have issued proposed updates to the Antitrust Guidelines for the Licensing of Intellectual Property, last revised in 1995. The intervening quarter century...more
Commonwealth Scientific and Industrial Research Organisation (CSIRO), a national research organization of Australia, recently filed a petition for certiorari with the Supreme Court. CSIRO presents the following question: Is...more
On April 14, 2016, the RAND Corporation (“RAND”) released the results of a “first-of-its-kind consumer survey” by the RAND Institute for Civil Justice (“ICJ”) (the “Report”) which was “designed to provide useful information...more
Addressing the application of the smallest salable patent-practicing unit analysis, as well as the impact of a patent’s standards essential status on apportionment and the relevance of prior licenses between the parties, the...more
The financial impact of the Internet of Things on the global economy will be significantly affected by interoperability. A 2015 McKinsey Global Institute report indicated that, “[on] average, interoperability is necessary to...more
The National Institute for Occupational Safety and Health (NIOSH) posted a RAND Corporation (RAND) report entitled Nanomaterial Safety in the Workplace: Pilot Project for Assessing the Impact of the NIOSH Nanotechnology...more
If you read one thing... The Federal Circuit held that its RAND-based damages analysis applies to all standard essential patents, even when there is no RAND commitment by the patent holder....more
Late last week, in an opinion authored by Judge Prost, a panel of the Federal Circuit vacated a $16 million damages award won by Commonwealth Scientific and Industrial Research Organization (CSIRO) in its patent infringement...more
On July 30 the Court of Appeals for the Ninth Circuit issued a significant appellate decision that provides guidance regarding obligations imposed on licensors of patents that are required to comply with interoperability...more
Throughout U.S. patent law jurisprudence, a select number of cases have made significant changes to fundamental aspects of the process of patent litigation. Such milestone cases often eclipse the more specific details of the...more
Late last month, the Ninth Circuit Court of Appeals issued its much-anticipated decision in Microsoft v. Motorola, a breach of contract action brought by Microsoft alleging that Motorola violated its commitment to license its...more
In a decision written by Judge Marsha S. Berzon, a three-judge panel of the U.S. Court of Appels for the Ninth Circuit affirmed a first-of-its-kind district court judgment relating to royalty rates for standard-essential...more
July has just ended, and SEP and FRAND issues are in the air. On July 8, the Japan Fair Trade Commission (JFTC) sought public comments on its proposed amendments to its Guidelines for the Use of Intellectual Property under...more