October 20, 2014

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October 20, 2014

FEATURED ARTICLES

Don’t Let Texting Destroy Your Company
Very few companies even consider the risk of sending a marketing bulletin to a client or hiring an agency to spread the word about a new product over... Read More >
Employment Law Cases To Watch During U.S. Supreme Court’s New Term
The Supreme Court of the United States began its new term on Monday, October 6, 2014. Typically, the Court hears between 60-70 oral arguments per... Read More >
New Jersey Supreme Court Recognizes Common Interest Doctrine Protects Shared Inf
In O’Boyle v. Borough of Longport, _N.J._ (July 21, 2014), the New Jersey Supreme Court recognized the common interest doctrine,... Read More >
Confronting Ebola Concerns in the Workplace
The spread of Ebola hemorrhagic fever (EHF) and the incidence of Ebola cases in the United States have raised issues for employers and employees on... Read More >
Possible Delay to 2015 Tax Season
In a letter dated October 6, 2014, IRS Commissioner John Koskinen wrote to Senate Finance Committee Chairman Ron Wyden expressing his concern about... Read More >
Target Corp. Requests Rehearing of Denied IPRs by Expanded PTAB Panel
Last month, the Patent Trial and Appeal Board (PTAB or Board) interpreted the IPR joinder provision, 35 U.S.C. § 315(c), to preclude... Read More >
Catch-22 for Employers: California Governor Signs Bill Prohibiting Discriminatio
At the recent close of the 2014 legislative session, Governor Brown signed into law AB 1660, which makes it unlawful for an employer to discriminate... Read More >
SCOTUS Grants Certiorari to Two Immigration-Based Cases for 2015 Term: Will the
The United States Supreme Court is back in session as of last Monday, Oct. 6—often referred to as “First Monday” due to the fact... Read More >
Time is of the Essence: Review Your Workplace Policies Before Medical Marijuana
Consider the following scenario: First, Jane Henry, an epileptic, has been an employee at your... Read More >
Business Interruption Insurance for Ebola – Managing Risk for Hospitals and Heal
William Gallagher Associates, a Boston-based insurance broker, has announced the rollout of a... Read More >
IBM and Metropolitan Health Announce Africa’s First Commercial Application of Wa
IBM and Metropolitan Health–one of South Africa’s largest financial services and... Read More >
Ebola and Potential Labor Relations Issues
The Ebola panic presently sweeping the U.S. raises a host of potential issues for employers. ... Read More >
Green Patented Button
Takeaway: The deposition of a petitioner’s expert who provides testimony with the... Read More >

Federal Court News

IPR (Inter Partes Review) Challenge to Pharmaceutical Compound Patent Denied

On October 1, 2014, the PTAB denied a petition for inter partes review in Torrent Pharmaceuticals, Limited v. Merck Frosst Canada & Co. (...

Policymakers Scrambling to Contain Ebola Crises: Over the past week, the Obama Administration, and now Congress, has signaled significant moves to direct funding and federal government support for a variety of...

Brianna Forbes Silverstein, Intellectual Property Attorney, Drinker Biddle Law F

Takeaway: The Board deemed certain claims unpatentable where a patent owner failed to provide any specific arguments supporting its contention that the claims are patentable and also failed to file a supplemental patent...

Sipnet EU S.R.O. v. Straight Path IP Group, Inc., Final Written Decision IPR2013

Takeaway: Arguments that rely on claim constructions not adopted by the Board will not persuade the Board that challenged claims are patentable.

In its ...

FINRA Again Cautions Against Confidentiality Provisions Silencing Whistleblowers

The Financial Industry Regulatory Authority (FINRA) recently issued a reminder (Regulatory Notice 14-40) warning firms...

PTO

Listed below are all new filings before PTAB of requests for inter partes review (IPR) and covered business methods review (CBM).  Also listed are any newly-posted requests for ex parte reexamination at...

State Court News

Tennessee SaaS Ruling Highlights Telecommunications Concerns for SaaS Providers

The Tennessee Department of Revenue recently released Letter Ruling No. 14-05, in which it considered whether certain cloud collaboration services are subject...

Businessmen Having Lunch

Per FLSA regulations, break periods between 5 to 20 minutes generally are considered compensable.  29 C.F.R. § 785.18.  While state wage-and-hour laws typically borrow extensively from the FLSA’s regulatory...

Cotton Balls in a Jar

On September 30, 2014, the Southern District of New York reconsidered the Commodities Exchange Act (CEA) and Sherman Act claims brought against Louis Dreyfus Commodities B.V. and its affiliates inIn...

INTERNATIONAL LAW NEWS

The New EU Clinical Trials Regulation Aims at Harmonization and Transparency
by: Jana Grieb and Dr. Stephan Rau of McDermott Will & Emery

Introduction

On June 16, 2014, Reg. (EU) No. 536/2014 on Clinical Trials on Medicinal Products for Human Use (Regulation) has entered into force.  Once it becomes applicable, the Regulation will provide a...

Flag of China
by: Douglas J. Heffner and Richard P. Ferrin of Drinker Biddle & Reath LLP

If you import goods that are subject to an antidumping duty (AD) order from a Chinese exporter that is owned and controlled by the Government of China (GOC), your imports may be liable for U.S. AD...

United Kingdom Button
by: Barry E. Breen and David A. Brennand of Katten Muchin Rosenman LLP

As part of the continued international focus on combatting cross-border tax evasion and other financial crimes, during the June 2013 Lough Erne Summit presided over by the United Kingdom (G8 Summit), the G8 countries...