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HTMLFederal Circuit Says Commission Must Toe the Line in Invisalign ITC Case
Courtenay C. Brinckerhoff; Foley & Lardner LLP;
Legal Alert/Article
July 25, 2014, previously published on July 23, 2014
In Align Technology, Inc. v. International Trade Commission, the Federal Circuit held that ITC action that violated ITC’s own regulations warranted vacatur under the Administrative Procedures Act. While the case addresses specific ITC regulations, the same principles apply to other agencies,...

 

HTMLWisconsin Supreme Court’s Decision in Associated Bank N.A. v. Collier Changes the Rules for Collecting Judgments
Eric J. Hatchell; Foley & Lardner LLP;
Legal Alert/Article
July 25, 2014, previously published on July 22, 2014
In Wisconsin, supplemental proceedings under Wis. Stat. ch. 816 are the principal tool by which a judgment creditor can discover assets of the judgment debtor in aid of collection. But for the last 15 years, they have also been the mechanism by which sophisticated judgment creditors have obtained a...

 

HTMLHRSA Issues Interpretive Rule on 340B Drug Pricing Program
Elizabeth S. Elson, Claire N. Marblestone, Anil Shankar; Foley & Lardner LLP;
Legal Alert/Article
July 25, 2014, previously published on July 23, 2014
On July 21, 2014, the Health Resource and Services Administration (HRSA) within the U.S. Department of Health and Human Services (HHS) issued a new interpretive rule addressing the treatment of orphan drugs by certain hospital covered entities participating in the 340B Drug Pricing Program (340B...

 

HTMLEEOC Effectively Declares Pregnancy a "Disability" Requiring Reasonable Accommodation — Even When the Pregnant Employee Is Not Disabled
Connor A. Sabatino; Foley & Lardner LLP;
Legal Alert/Article
July 25, 2014, previously published on July 21, 2014
The Equal Employment Opportunity Commission has recently declared that pregnancy alone, even without other underlying medical conditions, may require employer accommodations according to recent guidance released July 14, 2014. In a controversial decision splitting the commissioners 3-2, the EEOC...

 

HTMLHoosier Daddy? Rampant Sexual Misconduct in Indiana Prison Shows Pitfalls for Employers
Ryan N. Parsons; Foley & Lardner LLP;
Legal Alert/Article
July 25, 2014, previously published on July 23, 2014
“Connie J. Orton-Bell was employed as a substance abuse counselor at a maximum security prison in Indiana. An investigator, who had been looking for security breaches, discovered that night-shift employees were having sex on Orton-Bell’s desk and informed her. That investigator told her...

 

HTMLPuerto Rico: A Haven for Manufacturers?
Rosana M. Gutierrez; Foley & Lardner LLP;
Legal Alert/Article
July 25, 2014, previously published on July 23, 2014
Perhaps not surprisingly to those familiar with the tropical island, manufacturing remains a key driver of economic activity in Puerto Rico. Indeed, manufacturing accounts for 45% of Puerto Rico’s GDP (compared to 11% in the U.S.) and over 20% of the island’s jobs. Many U.S....

 

HTMLNew Guidance From the Federal Circuit on Motions to Stay Litigation Pending a PTAB Proceeding
Kevin M. Littman, Rebecca J. Pirozzolo-Mellowes; Foley & Lardner LLP;
Legal Alert/Article
July 25, 2014, previously published on July 21, 2014
In VirtualAgility Inc. v. Salesforce.com, Inc., No. 2014-1232 (July 10, 2014), the Federal Circuit issued its first opinion directed to the issue of when it is appropriate to grant a stay of a district court patent infringement lawsuit while a covered business method review proceeding...

 

HTMLIt’s All "Just Paperwork" Until Somebody Gets Hurt: Be Proactive in Preventing Workplace Violence
Larry S. Perlman; Foley & Lardner LLP;
Legal Alert/Article
July 25, 2014, previously published on July 21, 2014
“Help, there is an angry man waving a gun around in the lobby!” These are the kinds of words no employer wants to hear and can make all other concerns seem trivial in comparison. Sadly, the statistics confirm what we regularly see on the cable news networks - workplace violence is one...

 

HTMLHow Long Is Too Long (or Too Short) for Patent Application Pendency?
Courtenay C. Brinckerhoff; Foley & Lardner LLP;
Legal Alert/Article
July 25, 2014, previously published on July 18, 2014
The USPTO is requesting input on the “optimal” targets for its patent application pendency metrics. The USPTO’s current targets are 10 months to a first Office Action and 20 months to grant or abandonment. The USPTO wants to know if you think these targets too long, too short, or...

 

HTMLObama Pushes Smart Automotive Technology
Jeffrey A. Soble; Foley & Lardner LLP;
Legal Alert/Article
July 23, 2014, previously published on July 21, 2014
Here at the Dashboard, we have been leading the charge that the Auto Industry is undergoing a technical revolution. Whether it be new materials, adaptive vehicles, software, or something else, every car you buy, lease or drive is more technologically advanced than the next.

 


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