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Document(s) published by this organization: 426


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HTMLMembers of the Securities Regulator and the Enforcement Committee Issue Proposals on Dual Enforcement of Market Abuses
Philippe Goutay, Anselme Mialon; Jones Day;
Legal Alert/Article
June 26, 2015, previously published on June 2015
As previously reported, recent case law requires amending rules providing for the dual enforcement of market abuses both by the enforcement body of the securities regulator and criminal courts.

 

HTMLPosition Limits and Reporting on Commodity Derivatives to Take Effect Next Month
Philippe Goutay, Anselme Mialon; Jones Day;
Legal Alert/Article
June 26, 2015, previously published on June 2015
Beyond providing for a French regime of banking separation, French Law no. 2013-672 of July 26, 2013 had sought to anticipate MiFID 2 on a number of issues. Among such issues, starting from July 1, 2015, the Autorité des Marchés Financiers ("AMF") will be empowered to impose...

 

HTMLFederal Circuit Upends Presumption for Means-Plus-Function Claiming
Gregory A. Castanias, David B. Cochran, David M. Maiorana, Sasha Mayergoyz; Jones Day;
Legal Alert/Article
June 26, 2015, previously published on June 2015
Since at least 1998, the Federal Circuit has held that when a patent uses the word "means" in a claim element, that creates a "rebuttable presumption" that the limitation is a means-plus-function limitation to which Paragraph 6 of 35 U.S.C. § 112 applies. The converse also...

 

HTMLProvisions Applying to French Branches of Non-EU Credit Institutions Are Revised
Philippe Goutay, Anselme Mialon; Jones Day;
Legal Alert/Article
June 26, 2015, previously published on June 2015
Pursuant to Article 47(1) of CRD IV, Ordinance no. 2015-558 dated May, 21, 2015 amended with immediate effect the provisions applying to French branches of non-EU credit institutions.

 

HTMLSupreme Court Upholds Prohibition Against Post-Expiration Patent Royalties
Gregory A. Castanias, David M. Maiorana, Geoffrey D. Oliver, Douglas H. Pearson; Jones Day;
Legal Alert/Article
June 26, 2015, previously published on June 2015
In its rather cheeky decision in Kimble v. Marvel Entertainment, LLC, 576 U.S. &under;&under;&under;&under;&under; (June 22, 2015), the U.S. Supreme Court refused to overturn a 50-year-old decision that bars collection of royalties for use of a patented technology after expiration of the patent....

 

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...

 

HTMLSupreme Court of Texas Issues Three Important Oil and Gas Decisions
Kyle R. Kreshover, Omar Samji, Jeffrey A. Schlegel, David S. Stringer; Jones Day;
Legal Alert/Article
June 24, 2015, previously published on June 2015
This 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...

 

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...

 

HTMLTop 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;
Legal Alert/Article
June 24, 2015, previously published on June 2015
The 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...

 

HTMLFDA Finds that Artificial Trans Fats Are Unsafe
Edgar J. Asebey, Jonathan Berman, Colleen Heisey, Stephanie L. Resnik, Emily K. Strunk; Jones Day;
Legal Alert/Article
June 24, 2015, previously published on June 2015
On 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...

 


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