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Document(s) published by this organization: 344


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HTMLLitigation for Profit in Australia—Court Imposes Limits Where Serious Conflicts of Interest Exist
John Emmerig, Michael Legg; Jones Day;
Legal Alert/Article
August 21, 2014, previously published on August 2014
In the last six to eight months, Australia has witnessed a spike in shareholder class action activity that appears to be driven, at least in part, by new lawyers and litigation funders entering the market.

 

HTMLSplit Federal Circuit Decision Revives Antitrust Counterclaims in Patent Litigation
Michelle K. Fischer, Kevin D. McDonald, Geoffrey D. Oliver; Jones Day;
Legal Alert/Article
August 21, 2014, previously published on August 2014
The U.S. Court of Appeals for the Federal Circuit has remanded for further consideration antitrust claims accusing a patent holder of filing a sham infringement suit and a sham citizen petition with the Federal Drug Administration. The case is Tyco Healthcare Group LP v. Mutual Pharmaceutical Co....

 

HTMLTexas Supreme Court Applies Economic Loss Rule to Limit Tort Claims by Contractors Against Owner's Design Professionals
Scott W. Cowan, Christopher H. Domingo, Daniel D. McMillan, Andrew D. Ness, J. Laurens Wilkes; Jones Day;
Legal Alert/Article
August 21, 2014, previously published on August 2014
In a June 20 decision, the Texas Supreme Court applied the economic loss rule to preclude a direct claim for negligent misrepresentation by a construction contractor against an owner's architect based on flawed design documents. LAN/STV v. Martin K. Eby Constr. Co., No. 11-0810, 2014 Tex. LEXIS...

 

Adobe PDFParallel Litigation and Inter Partes Review: Don't Forget About Reissue
David B. Cochran, Joshua R. Nightingale, Joseph M. Sauer, Peter G. Thurlow; Jones Day;
Legal Alert/Article
August 21, 2014, previously published on August 2014
Inter partes review ("IPR") was introduced by the America Invents Act ("AIA") to provide a trial-like proceeding for challenging the patentability of patent claims based on patents and printed publications. An IPR trial is often conducted in parallel with United States district...

 

HTMLFDA Issues Draft Guidance on Determination of Reference Product Exclusivity for Biologics
Colleen Heisey, Mark Mansour, Christopher M. Mikson; Jones Day;
Legal Alert/Article
August 12, 2014, previously published on August 2014
On August 4, the U.S. Food & Drug Administration ("FDA") issued a draft guidance titled "Reference Product Exclusivity for Biological Products Filed Under Section 351(a) of the PHS Act." The draft guidance is intended to assist biological product sponsors and applicants in...

 

Adobe PDFAmending Claims During Inter Partes Review: Patent Practitioners Beware
Jaime D. Choi, David B. Cochran, John A. Marlott, Peter G. Thurlow; Jones Day;
Legal Alert/Article
August 11, 2014, previously published on August 2014
Although patent owners are theoretically allowed to amend patent claims during an inter partes review ("IPR") proceeding at the U.S. Patent and Trademark Ofiice ("USPTO"), in all of the proposed claim amendments submitted thus far, only one amendment has been allowed by the...

 

HTMLFDA Accepts First Application for Biosimilar Product
Laurie A. Clarke, Colleen Heisey, Mark Mansour, Christopher M. Mikson, Emily K. Strunk; Jones Day;
Legal Alert/Article
August 5, 2014, previously published on July 2014
In a significant step for generic biologic products, FDA accepted for review the first application for a biosimilar product. If approved, it could be the first biosimilar product to enter the U.S. market under the nearly five-year-old Biologics Price Competition and Innovation Act...

 

HTMLBackoff Point-of-Sale Malware: Here We Go Again
Richard J. Johnson, Mauricio F. Paez; Jones Day;
Legal Alert/Article
August 5, 2014, previously published on August 2014
The Secret Service, the National Cybersecurity and Communications Integration Center, and others announced yesterday in a US-CERT Alert (available at www.us-cert.gov/ncas/alerts/TA14-212A) that recent investigations have revealed the use by malicious actors of malware—dubbed Backoff...

 

HTMLFDA Using Big Data Methods to Discover Drug Risks, Provide Access to Recall Information
Laurie A. Clarke, Colleen Heisey, Mark Mansour, Christopher M. Mikson, Emily K. Strunk; Jones Day;
Legal Alert/Article
August 5, 2014, previously published on July 2014
Through recently deployed initiatives, FDA is taking advantage of new data systems to gather and assess drug risk data and promote easier public access to adverse event and recall information. The two projects, Mini-Sentinel and open FDA, offer greater efficiencies than existing methods, such as...

 

HTMLD.C. Circuit Holds that CFIUS Must Provide Due Process Before Prohibiting a Transaction
Giovanna M. Cinelli, Chad O. Dorr, Noel J. Francisco, Bevin M.B. Newman, Kenneth J. Nunnenkamp; Jones Day;
Legal Alert/Article
August 5, 2014, previously published on July 2014
The U.S. Court of Appeals for the D.C. Circuit has issued a landmark opinion granting due process rights to parties whose transactions have been blocked or suspended by the President of the United States following a national security review and investigation by the Committee on Foreign Investment...

 


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