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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...

 

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...

 

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...

 

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...

 

HTMLLegislators and Groups Urge FDA to Require Sex-Specific Data, Labeling in New Action Plan
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
Members of Congress and interest groups are pressuring FDA to promote sex-specific clinical research and product labeling, as the Agency develops an action plan to address deficiencies in the way industry collects, analyzes, and communicates demographic data.

 

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...

 

HTMLClient Clearing: An ISDA/FBF Initiative for the French Market
Alban Caillemer du Ferrage, Karole-Anne Sauvet; Jones Day;
Legal Alert/Article
August 4, 2014, previously published on August 2014
The International Swaps and Derivatives Association ("ISDA") and the French Banking Federation ("FBF") just released the French Law Annex to the ISDA/FOA Client Cleared OTC Derivatives Addendum.

 

HTMLFederal Circuit Court Opens Door to Discrimination Claim for Dismissal in Event of Sickness
Adam Salter; Jones Day;
Legal Alert/Article
August 1, 2014, previously published on July 2014
The Federal Court has permitted an employee, who was dismissed after taking 10 months' leave to fight cancer, to proceed in a claim against his employer for adverse action. Elliot McGarva was employed by Enghouse Australia Pty Ltd but after contracting stomach and liver cancer had gone on leave for...

 

HTMLLaw Firm Investigative Reports No Longer Confidential?
Adam Salter; Jones Day;
Legal Alert/Article
August 1, 2014, previously published on July 2014
Justice Whelan of the Federal Court has held that an investigatory report into the conduct of an employee is not covered by client legal privilege. Accordingly, it may be disclosed to the subject of the report.

 

HTMLFederal Communications Commission Requests Comments on Effectiveness of Cybersecurity Recommendations
Richard J. Johnson, Bruce A. Olcott, Mauricio F. Paez, Preston N. Thomas; Jones Day;
Legal Alert/Article
August 1, 2014, previously published on July 2014
The Federal Communications Commission ("FCC") is seeking industry and public comment on whether it should take further steps to ensure that the U.S. communications industry is sufficiently prepared for cybersecurity threats.

 


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