Document(s) published by this organization: 412
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|2015 Patent Reform: Amendments to H.R. 9 and S. 1137|
Kelsey I. Nix, George N. Phillips, Peter G. Thurlow, Shehla Wynne; Jones Day;
June 25, 2015, previously published on June 2015Patent 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. The bill passed out of the committee on a vote of 24 to 8. This approval comes on the heels of the Senate Judiciary...
|Federal 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;
June 24, 2015, previously published on June 2015In 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...
|Supreme Court of Texas Issues Three Important Oil and Gas Decisions|
Kyle R. Kreshover, Omar Samji, Jeffrey A. Schlegel, David S. Stringer; Jones Day;
June 24, 2015, previously published on June 2015This month, the Texas Supreme Court decided three cases implicating oil and gas contract interpretation issues with important consequences to the industry. The Court held in all three cases that the plain meaning of a contract will prevail over an interpretation based on the industry's common views...
|Top Three Revisions to Key ITAR Definitions Proposed by Department of State; Comments Invited|
Chad O. Dorr, Laura L. Fraedrich, Chase David Kaniecki, Lindsey Michelle Nelson, Donald G. Yeargin; Jones Day;
June 24, 2015, previously published on June 2015The U.S. Department of State, Directorate of Defense Trade Controls ("DDTC") recently published proposed revisions to the International Traffic in Arms Regulations ("ITAR") to add or change a number of key definitions. In so doing, DDTC is seeking to harmonize certain...
|FDA Finds that Artificial Trans Fats Are Unsafe|
Edgar J. Asebey, Jonathan Berman, Colleen Heisey, Stephanie L. Resnik, Emily K. Strunk; Jones Day;
June 24, 2015, previously published on June 2015On June 16, 2015, FDA announced it has finalized its determination that partially hydrogenated oils ("PHOs") are not "generally recognized as safe" ("GRAS") for use in human food. This finding effectively bans PHOs, which are the primary source of artificial trans fat...
|Sixth Circuit Narrows Scope of TCPA "Unsolicited Advertisements"|
William F. Dolan, Daniel J. Fabiano, Gregory R. Hanthorn, Aaron M. Healey, J. Todd Kennard; Jones Day;
June 24, 2015, previously published on June 2015A central issue in many Telephone Consumer Protection Act ("TCPA") cases is whether the communication that the plaintiff challenges amounts to an "unsolicited advertisement" or whether it is merely an informational communication that is not prohibited by the statute. The answer...
|The EPO's Undisclosed Disclaimers Trap-A Possible Way Out|
Roland J. Graf, Sven Rihm, Bojan Savic; Jones Day;
June 24, 2015, previously published on June 2015In its decision G 1/03, the jurisdiction of the European Patent Office ("EPO"), in particular the Enlarged Board of Appeal, has developed a possibility to disclaim novelty-destroying subject matter disclosed in prior art under Article 54(3) EPC, i.e., prior art filed before, but published...
|Amendment of Rules Applicable to French Branches of Non-European Banks|
Philippe Goutay, Anselme Mialon; Jones Day;
June 24, 2015, previously published on June 2015A bank that has its registered office outside the European Economic Area ("EEA") may consider establishing a presence in France in order to provide banking services to French counterparties. The bank may either set up a full-fledged subsidiary or a branch office, i.e., a more simple...
|OIG Cautions Physicians to Consider Compensation Arrangements Carefully|
Michele R. Goodman, Gerald M. Griffith, Rebekah N. Plowman; Jones Day;
June 23, 2015, previously published on June 2015The Department of Health and Human Services, Office of Inspector General ("OIG") recently released a fraud alert cautioning physicians who enter into medical directorships and other compensation arrangements, recommending that they consider whether the terms and conditions of such...
|NIST'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;
June 22, 2015, previously published on June 2015On 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...