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|High Octane Patent Litigation? Supreme Court Relaxes Standards for Awarding Attorneys' Fees While Increasing Deference on Appeal|
Sutherland Asbill Brennan LLP;
May 5, 2014, previously published on April 29, 2014In twin unanimous opinions issued today, the U.S. Supreme Court has rejected long-standing Federal Circuit rules governing the award of attorneys’ fees to the prevailing party in patent litigation, and appellate review of those awards. The decisions give district judges more discretion to...
|CDRH Announces Expedited Access PMA Program to Speed Development and Approval of Devices that Treat or Diagnose a Life-Threatening or Debilitating Disease and Meet an Unmet Medical Need|
Jamie K. Wolszon; Hyman, Phelps & McNamara, P.C.;
May 2, 2014, previously published on April 30, 2014Earlier this month, FDA’s Center for Devices and Radiological Health (“CDRH”) announced a new voluntary “expedited access premarket approval (“PMA”) program” intended to speed development and approval of devices that treat or diagnose a life-threatening or...
|Industrial Site Recovery Act: An Environmental Consideration For New Jersey Life Sciences Facilities|
Lisa Murtha Bromberg, Thomas Spiesman; Porzio, Bromberg & Newman P.C.;
April 30, 2014, previously published on April 2014Life sciences companies must consider the applicability and requirements of various environmental laws and regulations that may apply to operations and transactions.
|Patent-Eligibility of Stem Cells Under New USPTO "Myriad-Mayo" Guidance|
Antoinette F. Konski; Foley & Lardner LLP;
April 30, 2014, previously published on April 28, 2014In March, the U.S. Patent and Trademark Office (USPTO) implemented new procedures to address whether inventions that relate in whole or in part to laws of nature and naturally occurring products are patent-eligibility in light of recent U.S. Supreme Court decisions, notably Association for...
|ALJ Pender Sets 15-Month Target Date In Certain Earpiece Devices Having Positioning And Retaining Structure (337-TA-912)|
Eric W. Schweibenz; Oblon, Spivak, McClelland, Maier & Neustadt, L.L.P.;
April 29, 2014, previously published on April 25, 2014On April 23, 2014, ALJ Thomas B. Pender issued Order No. 3 in Certain Earpiece Devices Having Positioning And Retaining Structure and Components Thereof (Inv. No. 337-TA-912).
|Websites with OpenSSL encryption vulnerable to Heartbleed|
Kathie McDonald-McClure, Erin Brisbay McMahon, Lisa E. Underwood; Wyatt, Tarrant & Combs, LLP;
April 28, 2014, previously published on April 11, 2014CYBER RISK ALERT! Just when we thought we were safe online while using websites that display the key security “https” in the URL, we learn that nothing could be further from reality. On April 7, 2014, security researchers at Codenomicon announced the discovery of a flaw in the OpenSSL...
|Court Won't Review USPTO Denial of Inter Partes Review|
Courtenay C. Brinckerhoff; Foley & Lardner LLP;
April 25, 2014, previously published on April 21, 2014In a decision issued on April 18, 2014, Judge Payne of the U.S. District Court for the Eastern District of Virginia granted the USPTO’s motion to dismiss the case brought by Dominion Dealer Solutions, LLC to challenge the USPTO’s decisions denying petitions to institute inter partes...
|Changes of the Amended Regulations on Supervision and Administration of Medical Devices|
Xinlan Liu; Sheppard Mullin Richter Hampton LLP;
April 24, 2014, previously published on April 16, 2014The Regulations on Supervision and Administration of Medical Devices was amended and promulgated by the State Council on March 7th, 2014, effective June 1st, 2014. The last version is from 2000. The following highlights the changes that have been made.
|Review - U.S. Patent and Trademark Office Subject Matter Eligibility Guidelines|
Anthony Navid Moshirnia; Sheppard, Mullin, Richter & Hampton LLP;
April 23, 2014, previously published on April 18, 2014On March 4, 2014 the USPTO issued new patent subject matter eligibility guidelines in an attempt to provide examiners and patent practitioners with some guidance on which claims improperly encompass laws of nature, natural principles, natural phenomena, or products of nature in the wake of the U.S....
|Update on Myriad Appeal and Announcing a Public Forum on the USPTO 101 Guidelines|
Courtenay C. Brinckerhoff; Foley & Lardner LLP;
April 21, 2014, previously published on April 17, 2014Myriad has appealed the district court decision that denied its motion for a preliminary injunction against Ambry Genetics Corp. According to a report in Bloomberg BNA Life Sciences Law & Industry Report™, on April 14 , 2014, the Federal Circuit denied Myriad’s motion to expedite...