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When Relying upon Scientific Test Data in its Petition, the Petitioner Must Provide Sufficient Information to Permit the PTAB to Evaluate the Data and its Reliability
  • Jones Day
  • USA
  • December 6 2016

On November 14, 2016, the PTAB issued a Final Written Decision upholding Paragon Bioteck, Inc.’s patent, U.S. Patent No. 8,859,623 B1 (the “’623


U.S. Supreme Court to Review Scope of Patent Exhaustion Doctrine
  • Jones Day
  • USA
  • December 6 2016

In a widely anticipated action, the United States Supreme Court on December 2, 2016, agreed to review the Federal Circuit's en banc decision in


Swearing Behind a Prior-Art Reference Requires “Reasonably Continuous Diligence,” Not “Continuously Exercised Reasonable Diligence”
  • Jones Day
  • USA
  • December 5 2016

In a decision dated November 15, 2016, the Court of Appeals for the Federal Circuit vacated and remanded the PTAB’s decision in IPR2014-00233, in


Apple v. Ameranth: Federal Circuit Partially Reverses PTAB and Finds All Claims for Electronic Menus Unpatentable
  • Jones Day
  • USA
  • December 2 2016

On November 29, 2016, in Apple Inc. v. Ameranth, Inc. 15-1703, the Federal Circuit affirmed the Patent Trial and Appeal Board (PTAB) findings of


In Brief: Delaware Bankruptcy Court Clarifies Burden of Proof for Automatic Stay Relief
  • Jones Day
  • USA
  • December 2 2016

In In re Abeinsa Holding, Inc., 2016 BL 335099 (Bankr. D. Del. Oct. 6, 2016), the U.S. Bankruptcy Court for the District of Delaware addressed what


In Brief: District Court Denies Lyondell Shareholders' Motion to Reconsider Actual Fraud Imputation Ruling or to Certify Direct Appeal
  • Jones Day
  • USA
  • December 2 2016

In Weisfelner v. Hofmann (In re Lyondell Chem. Co.), 2016 BL 241310 (S.D.N.Y. July 27, 2016), the U.S. District Court for the Southern District of


NIH Publishes New Clinical Disclosure Rules: Changing Scope of "Publicly Accessible" Information
  • Jones Day
  • USA
  • December 2 2016

On September 16, 2016, the Department of Health and Human Services ("HHS") published a new rule ("Final Rule") expanding the clinical trial


Second Circuit Overturns NLRB Unit Determination and Admonishes NLRB for Misapplying Specialty Healthcare Standard
  • Jones Day
  • USA
  • December 1 2016

On November 21, 2016, the United States Court of Appeals for the Second Circuit handed an employer a rare victory in a challenge to a National Labor


After the U.S. Presidential and Congressional Elections, What's Next for Financial Services Regulation?
  • Jones Day
  • USA
  • November 29 2016

The presidential and congressional elections of 2016 have resulted in the election of Donald J. Trump as the 45th U.S. President and Republican


Invalidity Defenses Raised but not Instituted During IPR Are not Barred by Statutory or Judicial Estoppel
  • Jones Day
  • USA
  • November 28 2016

In Depomed, Inc. v. Purdue Pharma L.P. Et al, 3-13-cv-00571, the District of New Jersey held that neither statutory nor judicial estoppel bars Purdue