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HTMLNRDC Petitions EPA to Commence Special Review for Neonicotinoid Pesticides
Bergeson Campbell P.C.;
Legal Alert/Article
August 14, 2014
On July 7, 2014, the Natural Resources Defense Council (NRDC) filed with the U.S. Environmental Protection Agency (EPA) a petition requesting that EPA commence a Special Review for the neonicotinoid pesticides, including six specific active ingredients (dinotefuran, acetamiprid, clothianidin,...

 

HTMLPresidential Memorandum Creates Federal Strategy to Promote Health of Honey Bees and Other Pollinators
Bergeson Campbell P.C.;
Legal Alert/Article
August 14, 2014
On June 20, 2014, President Obama issued a Presidential memorandum entitled "Creating a Federal Strategy to Promote the Health of Honey Bees and Other Pollinators." The memorandum creates a Pollinator Health Task Force, which will be co-chaired by the U.S. Department Agriculture (USDA)...

 

HTMLCase Against Landfill Operator Involving Waste From January Chemical Leak In West Virginia Proceeds
Sutherland Asbill Brennan LLP;
Legal Alert/Article
August 12, 2014, previously published on August 7, 2014
The chemical leak that contaminated the drinking water for thousands of residents around Charleston, West Virginia in January continues to spring new litigation despite the owner of the storage site having filed for bankruptcy. One of the nearby county commissions and a town within that county...

 

HTMLEPA is Considering Amendments to its Chemical Risk Management Program (RMP) Rule that Would Impose Burdensome Additional Requirements on both Covered Facilities and Facilities Not Currently Covered by the RMP Rule
Trent M. Doyle, Lawrence P. Halprin, doyle; Keller and Heckman LLP;
Legal Alert/Article
July 30, 2014, previously published on July 29, 2014
On August 1, 2013, reacting to a number of high-profile incidents and the constant drumbeat from the Chemical Safety Board, President Obama signed Executive Order 13650, entitled Improving Chemical Facility Safety and Security. Among other things, EO 13650 directs EPA and OSHA to consider possible...

 

HTMLFederal Circuit Holds That Even Functional Claims Require Structural Fence Posts
Courtenay C. Brinckerhoff, Jacob D. Moore; Foley & Lardner LLP;
Legal Alert/Article
July 17, 2014, previously published on July 11, 2014
In AbbVie Deutschland Gmbh v. Janssen Biotech, Inc., the Federal Circuit affirmed the district court decision that found AbbVie’s patents directed to anti-IL-12 antibodies invalid for lack of adequate written description. As between the parties, this decision leaves Centocor free to market...

 

HTMLUSPTO Asks for Patent Subject Matter Eligibility Comments by July 31, 2014
Courtenay C. Brinckerhoff; Foley & Lardner LLP;
Legal Alert/Article
July 8, 2014, previously published on June 30, 2014
In a June 30, 2014 Federal Register notice, the USPTO requested public comments by July 31, 2014 on patent subject matter eligibility under the recent Supreme Court decision in Alice Corporation Pty. Ltd. v. CLS Bank International and on the USPTO’s March 4, 2014 “Guidance For...

 

HTMLDistrict Court Upholds FTC Hart-Scott-Rodino Rules for Pharmaceutical Patent Transfers
Benjamin R. Dryden, Alan D. Rutenberg; Foley & Lardner LLP;
Legal Alert/Article
July 7, 2014, previously published on June 26, 2014
A federal court has upheld the validity of the FTC’s recent rules for reporting certain transfers of exclusive patent rights in the pharmaceutical industry under the Hart-Scott-Rodino Antitrust Improvements (“HSR”) Act. We explained these Hart-Scott Rodino rules back in November...

 

HTMLHow the Supreme Court Decision in Alice Corp. v. CLS Bank Undermines the USPTO Subject Matter Eligibility Guidance
Courtenay C. Brinckerhoff; Foley & Lardner LLP;
Legal Alert/Article
June 30, 2014, previously published on June 24, 2014
On June 19, 2014, the Supreme Court issued its decision in Alice Corp. v. CLS Bank International, finding that patents directed to “a computer-implemented scheme for mitigating ‘settlement risk’” were invalid as being drawn to a patent-ineligible abstract idea. Although the...

 

HTMLFederal Circuit Says Mistaken Belief Required for Reissue Error
Courtenay C. Brinckerhoff; Foley & Lardner LLP;
Legal Alert/Article
June 18, 2014, previously published on June 17, 2014
In In re Dinsmore, the Federal Circuit held that the reissue process could not be used to correct an alleged defect in a terminal disclaimer between patents that were not commonly owned, because there had been no “mistaken belief” to support a reissue error within the meaning of the...

 

HTMLIs Evidence of Obviousness Always Required?
Courtenay C. Brinckerhoff; Foley & Lardner LLP;
Legal Alert/Article
June 18, 2014, previously published on June 12, 2014
In K/S HIMPP v. Hear-Wear Technologies, LLC, the Federal Circuit affirmed the decision of the Patent Trial and Appeal Board (PTAB) that upheld the decision of the Central Reexamination Unit Examiner that refused to hold claims obvious where the inter partes reexamination requestor had failed to...

 


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