News & Analysis as of

Reviewability Determinations

Tennessee Health Services and Facilities Report: November 2017

by Burr & Forman on

The Tennessee Health Services and Development Agency (“HSDA”) is responsible for regulating the healthcare industry in Tennessee through the Certificate of Need Program. A Certificate of Need (“CON”) is a permit for the...more

Alabama CON Report

I. SHPDA Administrative Report - Contested Case AL2017-018, Huntsville Senior Services, LLC d/b/a Regency Remembrances, Huntsville, AL: Proposes to add thirty-two (32) specialty care assisted living beds to an existing...more

Tennessee Health Services and Facilities Report: October 2017

by Burr & Forman on

The Tennessee Health Services and Development Agency (“HSDA”) is responsible for regulating the health care industry in Tennessee through the Certificate of Need Program. A Certificate of Need (“CON”) is a permit for the...more

Alabama CON Report

I. Certificate of Need Program - A. AL2017-029, Bio-Medical Applications of Alabama, Inc. d/b/a Fresenius Medical Care Gardendale, Gardendale AL: Proposes to expand the existing ESRD Treatment Center by adding six (6)...more

Tennessee Health Services and Facilities Report: September 2017

by Burr & Forman on

The Tennessee Health Services and Development Agency (“HSDA”) is responsible for regulating the health care industry in Tennessee through the Certificate of Need Program. A Certificate of Need (“CON”) is a permit for the...more

Fresh From the Bench: Precedential Patent Cases From the Federal Circuit

Today the Circuit agreed to hear en banc Nantkwest v. Matal,in which the panel had reversed a district court decision that had rejected the PTO’s position that applicants who appeal a district court must pay the PTO’s legal...more

PTAB Designates Portion Of Assignor Estoppel Opinion As Precedential

by Jones Day on

In October 2016, we posted about a Federal Circuit decision addressing whether assignor estoppel bars a party from filing an inter partes review petition. In Athena Automation Ltd. v. Husky Injection Molding Systems Ltd., the...more

A step in the right direction: China’s TRAB launches new trademark review hearing system

by Hogan Lovells on

Under the Chinese Trademark Law, the Trademark Review and Adjudication Board (“TRAB“) decides on review procedures filed against decisions by the Trademark Office. Up to date, these TRAB review procedures were strictly...more

Mississippi CON Report

1. CON – Final Orders a. CON Review Number: FS-NIS-0216-002 – Oxford Pre-Op & Imaging Center, LLC d/b/a Oxford Pre-OP & Imaging Center – Acquisition or Otherwise Control of Magnetic Resonance Imaging (MRI) and Offering...more

Alabama CON Report

I. Certificate of Need Program - A. AL2017-012, Crowne Health Care of Springhill, LLC, Mobile, AL: Proposes to relocate twenty-six (26) nursing home beds from Crowne Health Care of Mobile, LLC, a 174-bed nursing home....more

Mississippi CON Report

Certificates of Need Approved and Staff Recommendations – March 2017 - 1. CON – Final Orders - a. CON Review Number: C-CO-0217-003 – Hattiesburg Clinic, Professional Association – Cost Overrun to CON #R-0897 (CON...more

En Banc Federal Circuit Considering Whether 1-Year IPR Time Bar Is Appealable

by Jones Day on

As we reported earlier, the Federal Circuit decided in January 2017 to rehear en banc whether the PTAB’s findings regarding 35 U.S.C. § 315(b)’s one year bar can be reviewed on appeal. Wi-Fi One v. Broadcom Corp. The...more

Alabama CON Report

I. SHPDA Administrative Report - A. Contested Cases For the following projects no vote was required because the recommended order of the Administrative Law Judge becomes the final order of the Agency when no...more

Mississippi CON Report

Certificates of Need Approved and Staff Recommendations –February 2017 - 1. CON – Final Orders - a. CON Review NH-RC-1216-024 –St. Catherine’s Village, Inc. – Construction [of an Addition] and Renovation of a...more

Mississippi CON Report

CON – Final Orders - CON Review: ESRD-ES-1116-023 – RCG Tunica, LLC d/b/a Tunica Dialysis – Expansion of ESRD Stations at Existing ESRD Facility – Capital Expenditure: $1,374,346.00 – Location: Tunica, Tunica County,...more

Alabama CON Report

I. Certificate of Need Program - A. AL2016-035, Bio-Medical Applications of Alabama, Inc. d/b/a - Fresenius Kidney Care Hope Hull, Montgomery, AL: Proposes to construct and operate a new End Stage Renal Disease...more

Mississippi CON Report

Certificates of Need Approved and Staff Recommendations – December 2016 - 1. CON – Final Orders - a. CON Review Number: HG-A-0715-015 – Singing River Health System d/b/a Singing River Hospital – Amendment and Cost...more

Full Federal Circuit To Consider Appealability of PTAB Decision On Timeliness of IPR Petition

by Brooks Kushman P.C. on

The Federal Circuit has ordered en banc review to consider whether the timeliness of a petition for inter partes review (IPR) can be appealed following the Patent Trial and Appeal Board’s decision to institute review. Wi-Fi...more

Full Federal Circuit To Consider Appealability of PTAB Decision On Timeliness of IPR Petition

by Brooks Kushman P.C. on

The Federal Circuit has ordered en banc review to consider whether the timeliness of a petition for inter partes review (IPR) can be appealed following the Patent Trial and Appeal Board’s decision to institute review. Wi-Fi...more

District Court Dismisses USPTO December 2015 Holidays Case

by Foley & Lardner LLP on

On December 2, 2016, Judge O’Grady of the U.S. District Court for the Eastern District of Virginia granted the USPTO’s motion to dismiss the complaint brought by Elm 3DS Innovations, LLC over the “holidays” declared December...more

Mississippi CON Report

Certificates of Need Approved and Staff Recommendations –November 2016. 1. CON – Final Orders - None - 2. CON – Staff Analysis - a. CON Review Number: HG-NIS-0816-015 – Choctaw Regional Medical Center –...more

Mississippi CON Report

Certificates of Need Approved and Staff Recommendations – October 2016 - A. Letters of Intent to Change Ownership - None - B. Determinations of Reviewability - 1. University of Mississippi Medical Center...more

Federal Circuit Review | October 2016

by Knobbe Martens on

Withdrawal of Claims During Prosecution Can Trigger Prosecution History Estoppel In UCB, Inc. v. Yeda Research and Development Co., Ltd., Appeal No. 2015-1957, the Federal Circuit held that prosecution estoppel can apply even...more

D.C. Circuit Precludes Review of DSH Uncompensated Care Data

by Baker Ober Health Law on

On July 26, 2016, the United States Court of Appeals for the District of Columbia Circuit decided Fla. Health Sciences Ctr. v. Burwell. In that case, the Court analyzed a statutory bar against judicial review of estimates...more

Federal Circuit Provides Two-Part Analysis for Determining Reviewability of PTAB Institution Decisions

The Federal Circuit in Husky Injection Molding Systems, Inc. v. Athena Automation Ltd., No. 2015-1726 (Fed. Cir. Sep. 23, 2016) recently dismissed Husky’s appeal from a final written decision in IPR. The court found it...more

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