The United States Patent and Trademark Office (USPTO) proposed changes to the rules of practice for instituting review on all challenged claims or none in inter partes review (IPR), post-grant review (PGR) and the transitional program for covered business method
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Latest from McDermott Will & Emery - Page 6
Announcement: USPTO CARES Act Notice
On May 27, 2020, the United States Patent and Trademark Office (USPTO) extended the time for patent applicants to file certain patent-related documents or fees pursuant to section 12004 of the Coronavirus Aid, Relief, and Economic Security Act (CARES Act).…
No Bones About It: McRO II Holds Patent Not Invalid and Not Infringed
The US Court of Appeals for the Federal Circuit vacated a summary judgment finding an asserted patent invalid for lack of enablement while affirming the holding of non-infringement. McRO, Inc. v. Bandai Namco Games America Inc., Case No. 19-1557 (Fed.…
Stuck at the PTAB – Expanding the Scope of Non-Appealable Institution Decisions
The US Court of Appeals for the Federal Circuit held that a decision by the Patent Trial and Appeal Board (PTAB) as to whether a post grant review petitioner properly disclosed all parties in interest is non-appealable. ESIP Series 2,…
The Odyssey Must Be Timed Just Right
The US Court of Appeals for the Federal Circuit confirmed a district court’s analysis under the Administrative Procedure Act (APA) of three challenges to the US Patent and Trademark Office (PTO), affirming the district court’s lack of jurisdiction for the…
CA SB 977 Would Expand AG Review of Healthcare Transactions
California Senate Bill (SB) 977, if passed, would broaden the type of healthcare transactions that require California Attorney General (AG) review and approval. SB 977 would require that a healthcare system, private equity group or hedge fund provide written notice…
False Claims Never Die in California
Recently, AB 2570 has cleared the Assembly Appropriations Committee, which authorizes tax-based false claims actions—allowing private, profit-motivated parties to bring punitive civil enforcement lawsuits. The bill is now on the Assembly floor for consideration and faces a June 19 house-of-origin…
Preparing Your Workforce: How to Avoid Legal Landmines When Bringing Employees Back
The COVID-19 pandemic has put unprecedented strain on organizations of all sizes across all industries. The uncertainty of the “new normal” is leading some employers to consider extreme, and often unnecessary, new policies in anticipation of the eventual return to…
Tax Court Zooms into Remote Proceedings
On May 29, 2020, the US Tax Court (Tax Court) announced that to accommodate continuing uncertainties relating to the COVID-19 pandemic, and until further notice, all court proceedings would be conducted remotely. The Tax Court also issued Administrative Order 2020-02…
Five Reasons Why Telehealth Is Here to Stay (COVID-19 And Beyond)
Telehealth is no longer just a nice-to-have, but instead a must-have for patients and healthcare professionals alike during the COVID-19 pandemic. Lisa Mazur, partner at McDermott Will & Emery specializing in the digital healthcare space, is quoted in a recent…