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By: Frank DeLucia and Luciano Ricondo , Merchant & Gould
After a patent application is filed in the U.S. Patent and Trademark Office (USPTO), and during the stage in which the application is being examined by a patent examiner, it can often be helpful to conduct an interview with the examiner...
By: Jeffrey Alan Hovden, Robins Kaplan LLP
This article discusses strategies that counsel for brand-name and generic drug companies may employ in pharmaceutical patent litigation under the Drug Price Competition and Patent Term Restoration Act of 1984, commonly known as the Hatch-Waxman Act. It focuses...
SUPREME COURT AFFIRMS CONSTITUTIONALITY OF AIA PATENT REVIEW PROCESS
A PROVISION IN THE AMERICA INVENTS ACT (AIA) allowing for pre-trial review of existing patents does not violate Article III or the Seventh Amendment of the U.S. Constitution, the U.S. Supreme Court has held.
In Oil States Energy...
By: Lindsay Burke and Moriah Daugherty Covington & Burling LLP
Today, among the most critical risks a company can face are the cyber risks associated with its own employees or contractors. Companies are confronting an increasingly complex series of cybersecurity challenges with employees in the...
By: Torsten M. Kracht, Michael J. Mueller, Lisa J. Sotto, and Daniella Sterns Hunton & Williams LLP
Litigation alleging the improper collection and storage of biometric data is being driven by the Illinois Biometric Information Protection Act (BIPA). The authors of this article discuss two headline...
By: Janet Marvel Pattishall, Mcauliffe, Newbury, Hilliard & Geraldson LLP
The U.S. Patent and Trademark Office (USPTO) is commencing random audits of trademark registrations in which Declarations of Use have been filed to verify that the registered mark is in use on all of the goods and services...
U.S. DEPARTMENT OF LABOR SETS NEW GUIDELINES FOR INTERN COMPENSATION
THE U.S. DEPARTMENT OF LABOR (DOL) HAS ADOPTED new guidelines for determining whether interns working at for-profit companies are entitled to compensation under the federal Fair Labor Standards Act (FLSA).
The DOL abandoned its...
D.C. COURT ORDERS EEOC TO RECONSIDER WORKPLACE WELLNESS RULES
IN AN ACTION BROUGHT BY THE AMERICAN ASSOCIATION of Retired Persons (AARP), the U.S. District Court for the District of Columbia has ordered the U.S. Equal Employment Opportunity Commission (EEOC) to reconsider two regulations related to...
By: Michael Furrow and Shannon Clark , Fitzpatrick, Cella, Harper & Scinto
THE CONDUCTOR CANNOT HOPE TO KNOW EVERYTHING about each section of the orchestra, (e.g., what strings, woodwinds, brass, and percussion must do in order to play their part). However, each section (and subsection) has its own chair who can determine that with the help of internal or external advisors...
SUPREME COURT TO RULE ON VALIDITY OF CLASS WAIVERS IN EMPLOYMENT CONTEXT
By: Lexis Practice Advisor Staff
THE U.S. SUPREME COURT IS expected to decide this term whether the collective-bargaining provisions of the National Labor Relations Act (NLRA) prohibit enforcement of agreements requiring employees...
By: Stephen E. Reynolds and Nicole R. Woods ICE MILLER LLP
In response to the increased concern surrounding cybersecurity, the Association of Corporate Counsel (ACC) has released the Model Information Protection and Security Controls for Outside Counsel Possessing Company Confidential Information...
SEXUAL ORIENTATION DISCRIMINATION UNDER TITLE VII REMAINS HOT-BUTTON ISSUE
By: Bender’s Labor & Employment Bulletin, Volume 17, Issue 7
RECENTLY, THREE OF THE U.S. CIRCUIT COURTS OF APPEAL addressed the issue of whether discrimination on account of an individual’s sexual orientation...
By: John DeFosse FRIED FRANK, HARRIS, SHRIVER & JACOBSON LLP
THIS ARTICLE EXPLAINS THE STRATEGIC AND PRACTICAL considerations associated with filing a motion to dismiss claims of patent infringement under Rule 12(b)(6) of the Federal Rules of Civil Procedure and discusses the legal grounds that...
By: Seth Appel PATTISHALL, MCAULIFFE, NEWBURY, HILLIARD & GERALDSON LLP
THE U.S. SUPREME COURT CONFIRMED THAT ARTISTIC designs on clothing can be subject to copyright protection in Star Athletica, L.L.C. v. Varsity Brands, Inc., 137 S.Ct. 1002 (2017) . This landmark decision follows years of uncertainty...
By: Roberta Jacobs-Meadway and Roger LaLonde, ECKERT SEAMANS CHERIN & MELLOTT, LLC
BEFORE SENDING A TRADEMARK CEASE AND DESIST LETTER on behalf of a client, it is imperative to conduct due diligence and to carefully consider the content and tone of the letter. Such letters may range from a polite...
By: Dennis Garcia, Microsoft Assistant General Counsel
One of the very hot topics so far in 2017 is artificial intelligence (AI) and its potential disruptive impact on the legal profession. Questions ranging from, “Will AI replace lawyers?” to “Does it make sense to attend law school...
THE UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)
With the enactment of the America Invents Act in 2011, the PTAB was charged with conducting proceedings to address challenges to existing patents. Those proceedings “have significantly changed the patent landscape by providing a faster, cost...
By: Matthew Bernstein , Perkins Coie LLP.
THE MAJORITY OF PATENT CASES ARE BROUGHT BY non-practicing entities (NPEs), also called patent trolls or patent assertion entities (PAEs). These parties litigate or license their patents but have no real products or services. NPE Lawsuits are commonly brought...
Q&A with Po Yi , Partner at Venable LLP.
Please provide some general background on the types of transactional work you do currently.
I counsel and work with clients on the front end of their marketing activities. My practice focuses on business transactions and counseling in the areas of...
By: Amy M. Gordon, Ann Killilea, Michael G. Morgan, Susan M. Nash, and Angela M. Stockbridge , McDermott Will & Emery LLP.
The U.S. Department of Health and Human Services (HHS) recently issued guidance under the Health Insurance Portability and Accountability Act (HIPAA) on what covered entities...
By Mark W. Brennan , Hogan Lovells US LLP
The Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003 (CAN-SPAM Act), 15 U.S.C. §§ 7701–7713 , imposes a number of detailed requirements on persons and entities that initiate and send commercial e-mail messages...
By: David Bender Special Counsel, Data Privacy, GTC Law Group.
Since 2000, the Safe Harbor program has provided a relatively painless way for U.S. companies to import into the United States the personal information of European Union (EU) residents in compliance with the EU’s rigid restrictions...
By: Eric M. Dobrusin, Kristen L. Pursley, and Daniel P. Aleksynas , The Dobrusin Law Firm.
A broad range of attorneys represent technology companies in some capacity, and therefore, potentially handle and store sensitive information related to patents or trade secrets.
FOR EXAMPLE, YOU MAY BE A...
By: Angela Bozzuti Product Manager, Lexis Practice Advisor.
THE CHILDREN’S ONLINE PRIVACY PROTECTION ACT AND Rule ( COPPA ) is a federal law that places parents and legal guardians in control over the collection, use, and disclosure of their children’s personal information (PI). COPPA...