FTC proposes new HSR rules for exclusive patent licenses in the pharmaceutical industry *

USA - August 15 2012
On August 13, 2012, the U.S. Federal Trade Commission (FTC) announced it is seeking public comment to proposed changes to the premerger notification rules under the Hart Scott Rodino Act (HSR) relating to acquisitions of exclusive patent rights in the pharmaceutical industry.

Co-authors: David A. Charapp.

Second Circuit says license agreement no-challenge clauses are unenforceable when entered into before litigation *

USA - July 19 2012
On July 10, 2012, the United States Court of Appeals for the Second Circuit held in Rates Technology Inc. v. Speakeasy, Inc. that covenants prohibiting challenges to a patent's validity, along with liquidated damages provisions, are unenforceable where the covenants were entered into prior to litigation.

Co-authors: David A. Charapp.

Electronic health records and health information technology under the new federal stimulus act: how are healthcare entities affected? *

USA - March 3 2009
The recently enacted federal stimulus package, the American Recovery and Reinvestment Act of 2009, contains a set of provisions known as the Health Information Technology for Economic and Clinical Health Act ("HITECH Act") that advance the use of technology in healthcare, principally by encouraging hospitals and physicians to adopt an electronic health record ("EHR") system before the end of 2015.

Co-authors: Kathleen Carver Cheney, Lisa W. Clark.