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Look to the Specification Before Leaping to CBM Conclusions
  • McDermott Will & Emery
  • USA
  • April 28 2016

Addressing the standard for instituting a covered business method (CBM) review, the Patent Trial and Appeal Board (PTAB or Board) found that the


A Patent Can Be a CBM Patent for One Proceeding and Not for Another
  • McDermott Will & Emery
  • USA
  • April 28 2016

The Patent Trial and Appeal Board (PTAB or Board) found challenged claims directed to data security to be subject to covered business method (CBM


No CBM Carve Out for Graphical User Interfaces
  • McDermott Will & Emery
  • USA
  • April 28 2016

Addressing the scope of covered business method (CBM) patent review and clarifying the application of the "real party in interest" in joint defense


Advertisement and Subsidy Program Qualifies as Financial Product or Service Under Broad CBM Definition
  • McDermott Will & Emery
  • USA
  • April 28 2016

The US Court of Appeals for the Federal Circuit upheld the broad applicability of the financial prong of the eligibility test for covered business


Phase 2 HIPAA Audits Are Underway
  • McDermott Will & Emery
  • USA
  • April 25 2016

The US Department of Health and Human Services Office for Civil Rights (OCR) will soon begin a second phase of audits for compliance with HIPAA


Government Issues New Tool to Help Mobile App Developers Identify Applicable Federal Laws
  • McDermott Will & Emery
  • USA
  • April 20 2016

This week, the Federal Trade Commission (FTC or Commission) released an interactive tool (entitled the "Mobile Health Apps Interactive Tool") that is


Pre-Issuance Damages Possible Only If You “Know” About the Published Application
  • McDermott Will & Emery
  • USA
  • March 30 2016

Addressing for the first time the notice requirement for pre-issuance damages under 35 USC 154(d), the US Court of Appeals for the Federal Circuit


Sixth Circuit Rejects FCA Claim Based on Health Data Breach
  • McDermott Will & Emery
  • USA
  • March 15 2016

On March 7, 2016, the U.S. Court of Appeals for the Sixth Circuit decided United States ex rel. Sheldon v. Kettering Health Network, affirming a


SAMHSA Proposes Changes to Substance Use Disorder Treatment Confidentiality Regulations
  • McDermott Will & Emery
  • USA
  • March 9 2016

On February 5, 2015, the Substance Abuse and Mental Health Administration (SAMHSA) released a long-awaited proposed rule to modify the


Reversal of Narrow Claim Construction Results in Satisfaction of Claim Element
  • McDermott Will & Emery
  • USA
  • February 25 2016

Addressing the standard to establish a “clear and unmistakable” disclaimer of claim scope during prosecution, the U.S. Court of Appeals for the