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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.

 

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...

 

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...

 

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...

 

HTMLSixth Circuit Narrows Scope of TCPA "Unsolicited Advertisements"
William F. Dolan, Daniel J. Fabiano, Gregory R. Hanthorn, Aaron M. Healey, J. Todd Kennard; Jones Day;
Legal Alert/Article
June 24, 2015, previously published on June 2015
A 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...

 

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...

 

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...

 

HTMLAmendment of Rules Applicable to French Branches of Non-European Banks
Philippe Goutay, Anselme Mialon; Jones Day;
Legal Alert/Article
June 24, 2015, previously published on June 2015
A 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...

 

HTMLThe EPO's Undisclosed Disclaimers Trap-A Possible Way Out
Roland J. Graf, Sven Rihm, Bojan Savic; Jones Day;
Legal Alert/Article
June 24, 2015, previously published on June 2015
In 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...

 


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