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Results: 1-10 of 412

Cost-shifting for use of an electronic document database trumped by parties’ agreement to share costs
  • McDermott Will & Emery
  • USA
  • December 30 2011

Addressing cost-shifting awards under 28 U.S.C. 1920, the U.S. Court of Appeals for the Federal Circuit held that costs for the use of an electronic document database would have been taxable absent the parties’ cost-sharing agreement


Procedural schedule set in Inv. No. 337-TA-784
  • McDermott Will & Emery
  • USA
  • September 16 2011

On September 15, 2011, ALJ Theodore R. Essex set the procedural schedule in Inv. No. 337-TA-784, Certain Light-Emitting Diodes and Products Containing the Same, based on the parties joint proposed procedural schedule


White House report may have long-term effect on consumer privacy and how companies do business
  • McDermott Will & Emery
  • USA
  • April 10 2012

A recent White House report on consumer data privacy forecasts a multifaceted approach to fulfilling public expectations regarding the protection of consumer’s personal information


ONC issues revised certification criteria for EHR technology used to earn incentive payments
  • McDermott Will & Emery
  • USA
  • September 18 2012

The Office of the National Coordinator for Health Information Technology coordinated its September 4, 2012, release of the 2014 Edition Electronic Health Record (EHR) Certification Criteria with the Centers for Medicare & Medicaid Services’ release on the same day of updated meaningful use (MU) criteria for eligible providers to demonstrate MU and earn EHR incentive payments under Stage 2 of the Medicare and Medicaid EHR Incentive Programs


"Authorization" under the Computer Fraud and Abuse Act
  • McDermott Will & Emery
  • USA
  • August 30 2012

Considering for the first time the scope of the Computer Fraud and Abuse Act (CFAA), with respect to employees obtaining and using confidential and proprietary information from their employers’ computer systems for their own gain, the U.S. Court of Appeals for the Fourth Circuit adopted a narrow reading of the “authorization” language used in the statute as going to use, not access


Chuck Yeager’s right of publicity suit will no longer fly in the Ninth Circuit
  • McDermott Will & Emery
  • USA
  • October 31 2012

Addressing several claims stemming out of an allegedly unauthorized publication of signed memorabilia on a website, the U.S. Court of Appeals for the Ninth Circuit affirmed the district court’s summary judgment ruling in favor of the defendants with respect to numerous claims, finding Chuck Yeager’s submitted declaration to be a sham


Federal Circuit clarifies entire market value rule, hypothetical negotiation date and use of settlement agreements
  • McDermott Will & Emery
  • USA
  • September 6 2012

In LaserDynamics v. Quanta Computer, the U.S. Court of Appeals for the Federal Circuit overturned an $8.5 million lump sum jury award and remanded the case for a new trial on damages


Commission affirms no violation finding as to four patents and remands to ALJ with respect to one patent in Inv. No. 337-TA-745
  • McDermott Will & Emery
  • USA
  • September 1 2012

On August 24, 2012, the Commission issued a Notice of its decision to affirm the ALJ’s finding of no violation as to U.S. Patent Nos. 5,636,223 and 6,272,333 patents and to reverse the finding of violation as to U.S. Patent No. 6,246,697 in Inv. No. 337-TA-745, Certain Wireless Communication Devices, Portable Music and Data Processing Devices, Computers and Components Thereof, involving Complainant Motorola Mobility and Respondent Apple


CMS proposes new hardship exemptions to Medicare eRx penalties
  • McDermott Will & Emery
  • USA
  • July 24 2012

The Centers for Medicare and Medicaid Services has proposed two new significant hardship exemptions from the Medicare payment penalties under the Medicare Electronic Prescribing Incentive Program that would allow physicians who are not successful electronic prescribers under the program to avoid the penalties by adopting Certified Electronic Health Record (EHR) Technology and registering for the Medicare and Medicaid EHR Incentive Program andor by achieving meaningful use under the EHR Incentive Program


Posner to AppleMotorola: no damages, no injunction, no trial
  • McDermott Will & Emery
  • USA
  • July 31 2012

Judge Posner (of the U.S. Court of Appeals for the Seventh Circuit), sitting by designation, derailed Apple’s and Motorola’s expected patent liability trial when he found that both parties provided insufficient evidence to support either damages or injunctive relief