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HTML2015 Patent Reform: Amendments to H.R. 9 and S. 1137
Kelsey I. Nix, George N. Phillips, Peter G. Thurlow, Shehla Wynne; Jones Day;
Legal Alert/Article
June 25, 2015, previously published on June 2015
Patent reform legislation continues to make progress in Congress. The House Judiciary Committee held a markup of the Innovation Act ("H.R. 9"), on June 11, 2015.[1] The bill passed out of the committee on a vote of 24 to 8.[2] This approval comes on the heels of the Senate Judiciary...

 

HTMLFederal Circuit Upholds Invalidity of Prenatal DNA Test Patent Under 35 U.S.C. §101
Gregory A. Castanias, J. Patrick Elsevier, Anthony M. Insogna, Kelsey I. Nix, Astrid R. Spain; Jones Day;
Legal Alert/Article
June 24, 2015, previously published on June 2015
In its June 12, 2015 opinion in Ariosa Diagnostics, Inc. v. Sequenom, Inc., the U.S. Court of Appeals for the Federal Circuit held that Sequenom's patent directed to methods of detecting fetal DNA in a pregnant woman's plasma or serum, although "a positive and valuable contribution to...

 

HTMLNIST's Privacy Risk Management Framework Released in Draft Report
Todd S. McClelland, Daniel J. McLoon, Michael G. Morgan, Mauricio F. Paez, Gregory P. Silberman; Jones Day;
Legal Alert/Article
June 22, 2015, previously published on June 2015
On May 29, 2015, the National Institute of Standards and Technology ("NIST") released Privacy Risk Management for Federal Information Systems (NISTIR 8062) as a draft report, introducing its newly developed Privacy Risk Management Framework ("Privacy Framework"). The stated...

 

HTMLDoing Business with the Government? What You Should Know about Cybersecurity
Peter F. Garvin, J. Andrew Jackson, Fernand A. Lavallee, Todd S. McClelland, Mauricio F. Paez; Jones Day;
Legal Alert/Article
June 8, 2015, previously published on June 2015
Government contractors are in a difficult position when it comes to cybersecurity. Not only do they need to worry about cybersecurity issues that affect almost every company, but they also often house sensitive government data that can carry additional obligations. Further, the very fact that they...

 

HTMLSupreme Court Says Good-Faith Belief in Patent Invalidity No Defense to a Charge of Inducing Infringement
Gregory A. Castanias, Calvin P. Griffith, Tharan Gregory Lanier, John J. Normile, David L. Witcoff; Jones Day;
Legal Alert/Article
June 2, 2015, previously published on May 2015
Four years ago, in Global-Tech Appliances v. SEB S.A., 563 U.S. &under;&under;&under; (2011), the U.S. Supreme Court held that in order to prove that a defendant in a patent case had induced another person or entity's infringement, it is necessary for the plaintiff to prove that the alleged inducer...

 

HTML2015 Patent Reform: Protecting American Talent and Entrepreneurship Act of 2015 (S. 1137)
Kelsey I. Nix, George N. Phillips, Peter G. Thurlow; Jones Day;
Legal Alert/Article
May 26, 2015, previously published on May 2015
Senate Judiciary Committee Chairman Chuck Grassley (R-IA) and Ranking Member Patrick Leahy (D-VT), joined by Senators John Cornyn (R-TX) and Chuck Schumer (D-NY), introduced the bipartisan Protecting American Talent and Entrepreneurship Act ("PATENT Act") on April 29, 2015.[1] The third...

 

HTMLDuPont's Proxy Contest Victory: A Turning Point for Companies' Responses to Activism?
Lyle G. Ganske, Jennifer C. Lewis, Robert A. Profusek, Lizanne Thomas; Jones Day;
Legal Alert/Article
May 25, 2015, previously published on May 2015
This highly celebrated DuPont victory signals that shareholders recognize that not all companies require activist intervention or a seismic change in strategy—DuPont's strong financial performance and implementation of strategic initiatives supported its contention that it was pursuing a...

 

HTMLEuroResource - Deals and Debt
Corinne Ball, Veerle Roovers; Jones Day;
Legal Alert/Article
May 14, 2015, previously published on March 1, 2015
GermanyżOn 6 March 2015, Germany passed a law that requires some of Europe's biggest companies to give 30 percent of seats on supervisory boards to women beginning on 1 January 2016. Currently, fewer than 20 percent of the seats on German corporate boards are occupied by women. In passing the law,...

 

HTMLU.S. DOJ Brings Renewed Attention to Antitrust Compliance Programs
Glen C. Cheng, Kathryn M. Fenton, J. Bruce McDonald; Jones Day;
Legal Alert/Article
May 14, 2015, previously published on April 2015
On March 31, 2015, a federal court issued a summons to AU Optronics Corporation ("AU Optronics") to respond to allegations that it violated its probation for a criminal price-fixing conviction through failure to implement an effective antitrust compliance program. Corporate defendants can...

 

HTMLDelaware Update: Delaware Enacts New Rapid Arbitration Act
Philip Le B. Douglas, Marjorie P. Duffy, Thomas E. Lynch; Jones Day;
Legal Alert/Article
May 7, 2015, previously published on April 2015
Delaware recently enacted the Delaware Rapid Arbitration Act (the "DRAA"), a potentially cost-saving alternative form of dispute resolution for Delaware business entities. The DRAA contains several noteworthy features that: (i) generally require arbitration to be completed in no longer...

 


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