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Adobe PDFKey Patent Law Decisions of 2015
Gregory A. (Greg) Castanias, Kelsey I. Nix, Patrick J. O'Rear, Shehla Wynne; Jones Day;
White Paper
May 25, 2016, previously published on April 2016
Significant U.S. Supreme Court and Federal Circuit decisions in 2015 will likely affect patent law stakeholders during and beyond 2016. Several key judgments regarding administrative agencies and patent law were rendered. In particular, several issues surrounding the Patent Trial and Appeal Board...

 

HTMLITC ALJ Potentially Weakens R&D-Based Domestic Industry
Richard (Rich) Fieman, Blaney Harper, David M. (Dave) Maiorana; Jones Day;
Legal Alert/Article
May 18, 2016, previously published on April 2016
On April 26, 2016, International Trade Commission ("ITC") Administrative Law Judge ("ALJ") Lord issued the public version of her final initial determination ("ID") in Certain Electric Skin Care Devices, Brushes and Chargers Therefor, and Kits Containing Same, ITC Inv....

 

HTMLITC to Determine Impact of Final IPR Ruling
Richard (Rich) Fieman, Blaney Harper, David M. (Dave) Maiorana; Jones Day;
Legal Alert/Article
May 18, 2016, previously published on April 2016
On April 18, 2016, the International Trade Commission ("ITC") issued a Notice in Certain Three-Dimensional Cinema Systems and Components Thereof, Inv. No. 337-TA-939, requesting briefing from the parties relating to a final inter partes review ("IPR") decision by the Patent...

 

HTMLA First Amendment Right to Disparaging Trademarks?: U.S. Supreme Court Asked to Review Federal Circuit Decision Holding Ban on Disparaging Marks Unconstitutional
Gregory A. (Greg) Castanias, John G. Froemming, Anna E. Raimer, Lauren L. Refinetti, Meredith M. Wilkes; Jones Day;
Legal Alert/Article
May 18, 2016, previously published on April 2016
Is the Lanham Act's prohibition on the registration of disparaging trademarks invalid under the First Amendment? This question was presented to the U.S. Supreme Court on April 20, 2016, by the U.S. Patent and Trademark Office ("USPTO"), which filed a Petition for a Writ of Certiorari,...

 

HTMLIRS Denies Tax-Exempt Status to Non-MSSP ACO
Gerald M. (Gerry) Griffith, Catherine E. (Cathy) Livingston; Jones Day;
Legal Alert/Article
May 18, 2016, previously published on April 2016
Earlier this month, the IRS released a denial of an exemption application for an accountable care organization ("ACO") outside of the Medicare Shared Savings Program ("MSSP") that was seeking exemption under section 501(c)(3). This is the first publicly available IRS ruling on a...

 

HTMLU.S. DOJ Requires HSR Filing by Activist Investors, Rejecting Claim of "Passive Investment"
James P. Dougherty, Lyle G. Ganske, Michael H. (Mike) Knight, Bevin M.B. Newman, Lizanne Thomas; Jones Day;
Legal Alert/Article
May 10, 2016, previously published on April 2016
The Department of Justice has filed a lawsuit claiming that two ValueAct Capital funds violated the Hart-Scott-Rodino Act by acquiring over $2.5 billion of voting securities in two oilfield services companies, Halliburton and Baker Hughes, without filing an HSR notification with the federal...

 

HTMLUSPTO Proposes Amendments to Streamline TTAB Procedure
Jessica D. Bradley, John G. Froemming, Susan M. Kayser, Elizabeth A. (Liz) McKenzie, Meredith M. Wilkes; Jones Day;
Legal Alert/Article
May 10, 2016, previously published on April 2016
On Monday, April 4, 2016, the United States Patent and Trademark Office ("USPTO") issued proposed amendments to the Trademark Rules of Practice aimed at streamlining proceedings before the Trademark Trial and Appeal Board ("TTAB") that include significant changes to discovery...

 

HTMLU.S. DOJ and FTC Promise Pentagon Aggressive Antitrust Enforcement in Defense Mergers
Kathryn M. (Kathy) Fenton, Peter J. Love, Laura E. Malament, J. Bruce McDonald; Jones Day;
Legal Alert/Article
May 10, 2016, previously published on April 2016
In September 2015, the Antitrust Division of the U.S. Department of Justice approved Lockheed Martin's $9 billion acquisition of Sikorsky Aircraft, without even issuing a Second Request. Though the Department of Defense supported the combination, DOD immediately issued a warning that it would not...

 

HTMLDepartment of Justice FCPA Pilot Program Outlines Incentives for Corporate Self-Disclosure and Cooperation: What's New and Will It Matter?
Theodore T. (Ted) Chung, Richard H. (Rick) Deane, Karen P. Hewitt, Henry Klehm, Hank Bond Walther; Jones Day;
Legal Alert/Article
May 10, 2016, previously published on April 2016
On April 5, the U.S. Department of Justice ("DOJ") announced a one-year "FCPA Enforcement Pilot Program" to encourage voluntary self-disclosure, cooperation, and remediation (the "Pilot Program").[1] This effort is designed to boost enforcement by further incentivizing...

 

HTMLFourth Circuit Confirms Coverage for Data Breaches Claims Under Traditional CGL Insurance Policies
Richard (Rich) DeNatale, Celia Jackson, Richard D. Milone; Jones Day;
Legal Alert/Article
May 10, 2016, previously published on April 2016
In a highly anticipated decision, the Fourth Circuit has ruled that commercial general liability ("CGL") insurance policies provide defense coverage for class action lawsuits arising from a data breach. The decision, Travelers Indemnity Company of America v. Portal Healthcare Solutions,...

 


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