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Document(s) published by this organization: 96
Show: results per page Sort by:  | Medicare Program Issues Proposed Rule for Acute and Long-Term Care Hospital Inpatient Prospective Payment Systems for Fiscal Year 2013
Jeffrey R. Bates, Maria E. Gonzalez Knavel, Donald H. Romano; Foley & Lardner LLP;
Legal Alert/Article May 22, 2012, previously published on May 21, 2012 On May 11, 2012, the Centers for Medicare and Medicaid Services (CMS) published in the Federal Register a proposed rule that would, among other things, update payment policies and rates for acute care hospitals paid under the Inpatient Prospective Payment System (IPPS) for fiscal year (FY) 2013....
| | Predicting the Properties of Nanomaterials: Nanotech Moving Ahead
J. Steven Rutt; Foley & Lardner LLP;
Legal Alert/Article May 22, 2012, previously published on May 20, 2012 The Materials Genome Initiative received a boost this week when the OSTP (Office of Science Technology Policy) announced important updates. Several of these relate directly to nanotechnology.
| | Court Sends Collective Action to the Showers on Wage Claim for Time Spent Changing Clothes and Blows the Whistle on the “Clock” Starting when Traveling From the Locker Room
Theodore T. Eidukas; Foley & Lardner LLP;
Legal Alert/Article May 22, 2012, previously published on May 21, 2012 In Sandifer v. United States Steel Corp. the Seventh Circuit considered claims brought by 800 former and current unionized hourly workers at U.S. Steel’s Gary, Indiana steel works facility under the Fair Labor Standards Act (“FLSA”) that they should have been compensated for time...
| | Holding the USPTO Accountable For the RCE Backlog
Courtenay C. Brinckerhoff; Foley & Lardner LLP;
Legal Alert/Article May 22, 2012, previously published on May 22, 2012 As I was cleaning up my office a few weeks ago, I came across a December 2009 article I wrote with my colleague Steve Reid for BNA’s Patent, Trademark & Copyright Journal, entitled “New Patent Office Examination Procedures: Bane or Boon?” The article discusses the then-new...
| | Medical Device Patents: To Reexamine or Not to Reexamine
Ruben J. Rodrigues; Foley & Lardner LLP;
Legal Alert/Article May 22, 2012, previously published on May 2012 Reexamination requests are generally on the rise at the USPTO, and nowhere is the increase more evident than in the important field of medical devices. Determining whether to invest resources into a patent reexamination proceeding can be very complicated: What is your company’s position in...
| | To Arbitrate or Not to Arbitrate? - That Is the Question
John H. Douglas; Foley & Lardner LLP;
Legal Alert/Article May 18, 2012, previously published on May 14, 2012 Many employers welcomed the Supreme Court's April, 2011 AT & T Mobility v. Concepcion decision with both open arms and a sense of relief - fatigued as they have been with employment-related class actions - and looking forward to a new day of arbitrating statutory claims on an individual (rather...
| | In Re Montgomery: Inherently Therapeutic
Courtenay C. Brinckerhoff; Foley & Lardner LLP;
Legal Alert/Article May 18, 2012, previously published on May 17, 2012 In In re Montgomery, the Federal Circuit addressed the issue of anticipation by inherency in the therapeutic context. This case illustrates the difficult doctrine of inherency and the potential importance of claim language-and claim construction-to an inherency analysis.
| | Federal Circuit Upholds Declaratory Judgment Jurisdiction Over Subsequent ANDA Litigation
Courtenay C. Brinckerhoff; Foley & Lardner LLP;
Legal Alert/Article May 18, 2012, previously published on May 15, 2012 In Dey Pharma, LP v. Sunovion Pharmaceuticals, Inc., the Federal Circuit affirmed the district court’s determination that it could exercise jurisdiction over a declaratory judgment action brought by a subsequent ANDA filer. This case follows earlier decisions in Teva Pharmaceuticals USA, Inc....
| | Did The Pilot Light Go Out On The First Action Interview Program?
Courtenay C. Brinckerhoff; Foley & Lardner LLP;
Legal Alert/Article May 18, 2012, previously published on May 18, 2012 The USPTO’s Full First Action Interview Pilot Program expired on May 16, 2012. Although I heard rumors that the program was going to be extended, it has not been extended as of the publication date of this article, and the USPTO’s designated contact person for this program could not...
| | Who Owns Your Company's Twitter Followers?
Tamar N. Dolcourt; Foley & Lardner LLP;
Legal Alert/Article May 18, 2012, previously published on May 14, 2012 More and more companies are turning to social media for marketing, and in some cases are creating accounts on Twitter.com, a social networking service which allows a use to send updates or “tweets” of 140 characters or less to its “followers,” people who have subscribed to...
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