News & Analysis as of

Reviewability Determinations

Alabama CON Report

I. Certificate of Need Program - A. AL2018-008, Eastchase Operations, LLC d/b/a The Crossings at Eastchase, Montgomery, AL: Proposes to construct and operate thirty-two (32) Specialty Care Assisted Living Facility...more

Alabama CON Report

I. Certificate of Need Program A. AL2018-002, Gulf Health Hospitals, Inc., d/b/a North Baldwin Infirmary, Bay Minette, AL: Proposes to relocate eight (8) psychiatric beds from Mobile Infirmary Medical Center to the...more

Alabama CON Report

I. SHPDA Administrative Report The following projects were approved by an Administrative Law Judge and no exceptions were filed. AL2017-036, Huntsville Senior Services, LLC d/b/a Regency Remembrances, Huntsville,...more

Tennessee Health Services and Facilities Report: February 2018

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

Health Care E-Note - January 2018

by Burr & Forman on

In an article published by the Medical Association of the State of Alabama on January 4, 2018, Birmingham Counsel Adam Overstreet discusses the new Department of Justice initiative on investigating and prosecuting pain...more

Tennessee Health Services and Facilities Report: January 2018

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

Health Care E-Note - December 2017

by Burr & Forman on

In Part One of his White Collar Courier series, Adam Overstreet detailed how the U.S. Department of Justice has focused its attention on the aggressive investigation and prosecution of “pill mill” cases. In Part Two, he...more

Alabama CON Report

I. Certificate of Need Program - A. Project Modification AL2016-022, Geneva County Health Care Authority, Inc., Geneva, AL: Proposed to acquire, relocate and operate five (5) geriatric psychiatric inpatient beds as an...more

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

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