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HTMLAllegations That Designer Wedding Dress Line Constitutes A Relevant Product Market Found Implausible
Don T. Hibner; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
February 6, 2015, previously published on December 30, 2014
Allegations that a highly specialized designer line of wedding dresses lacks reasonable substitutes fail to support allegations of Sherman Act violations for price fixing and group boycott claims. House of Brides etc., v. Alfred Angelo, Inc., Case No. 1:11-cv-07834 (N.D. Ill., December 4, 2014).

 

HTMLFTC Proposes Consent Order to Settle Charges Alleging Misrepresentations by Patent Assertion Entity
William F. Ahmann, Mukund H. Sharma; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
February 6, 2015, previously published on November 7, 2014
On November 6, 2014, the Federal Trade Commission proposed a consent order that would settle charges against a patent assertion entity, MPHJ Technology Investments, LLC (“MPHJ”), and a law firm that represented MPHJ.

 

HTML2014 Cap Year Mandatory Hospice Cap Calculation - Be Ready
Brian M. Daucher, Douglas Robert Luther; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
February 6, 2015, previously published on November 4, 2014
With the 2014 cap year just concluded, it’s time to think about the new cap calculation requirements.

 

HTMLDistrict Court Strikes Down Regulation of Purely Intrastate Species on Private Land
Alexander L. Merritt; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
February 6, 2015, previously published on November 11, 2014
In a significant Endangered Species Act case, the Utah District Court has ruled that Congress may not regulate take of the threatened Utah prairie dog, a purely intrastate species, on non-federal land. The court found that the challenged regulation went beyond the scope of the Commerce Clause...

 

HTMLIf They Could Be All You Wanted: The FCC Gets Serious About Small Cells
J. Aaron George, Douglas A. "Drew" Svor, Dave Thomas; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
February 5, 2015, previously published on October 28, 2014
Say what you will about inside-the-Beltway leadership vacuums, political gridlock and the indecipherable output from the grey, grinding gears of our government agencies, but once in a while Washington actually gets it right. Or mostly right.

 

HTMLUpdate: Sandoz and Celltrion Decline the Invitation to Dance: Biosimilars Challenge the Applicability of the BPCIA’s Exchange Provisions Before Bringing Suit
Michelle C. Kim, Peter S. Reichertz; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
February 5, 2015, previously published on December 16, 2014
In our previous blog post of November 11, 2014, we noted that Celltrion had filed a declaratory judgment action against Kennedy Trust for Rheumatology Research for invalidity of certain patents covering methods of treating rheumatoid arthritis. Celltrion Healthcare Co. v. Kennedy Trust for...

 

HTMLNew FDA Draft Guidance on REMS and Bioequivalence Studies: Does New Procedure Secure ANDA Applicants The Right to Obtain Samples?
Peter S. Reichertz, Carrie A. Ross; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
February 5, 2015, previously published on January 5, 2015
Applicants seeking approval of Abbreviated New Drug Applications (ANDAs) in most cases must perform bioequivalence studies comparing their proposed generic product to the innovator drug listed in the Orange Book, called the “Reference Listed Drug” or “RLD”. Issues have...

 

HTMLCMS Defines “Uninsured” for Medicaid DSH Payments But Leaves Impact on Hospital-Specific Payments Undefined
Florence Wang; Sheppard Mullin Richter Hampton LLP;
Legal Alert/Article
January 30, 2015, previously published on December 11, 2014
CMS’ Final Rule, “Medicaid; Disproportionate Share Hospital Payments - Uninsured Definition”, published on December 3, 2014, may offer relief to some hospitals receiving Medicaid disproportionate share hospital (DSH) payments under the Social Security Act. Starting December 31,...

 

HTMLEffects of the New Federal Spending Package on the Health Sector
Eric A. Klein, Rachel Landauer; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
January 30, 2015, previously published on December 30, 2014
In mid-December, President Obama signed into law a $1.1 trillion spending bill known as the “Consolidated and Further Continuing Appropriations Act, 2015” or “Cromnibus.” This post explores provisions that relate to the health sector and Affordable Care Act (ACA)...

 

HTMLThe Terrorism Risk Insurance Act (TRIA) Set to Expire Year End
Eric L. Altman; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
January 30, 2015, previously published on December 17, 2014
The Terrorism Risk Insurance Act (TRIA) now appears set to expire as of December 31, 2014, barring further action from Congress. The Terrorism Risk Insurance Program Reauthorization Act of 2014 would have extended the existing terrorism insurance coverage under TRIA. Although the House of...

 


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