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Eighth Circuit Rules That ERISA Expressly Preempts Iowa Pharmacy Benefit Law
  • McDermott Will & Emery
  • USA
  • January 13 2017

The United States Court of Appeals for the Eighth Circuit recently held that ERISA expressly preempts an Iowa law that imposes onerous regulatory


Supreme Court Declines to Hear Appeal to a Michigan Tax on Health Insurance Plans
  • McDermott Will & Emery
  • USA
  • January 18 2017

The Supreme Court of the United States has declined to hear the Self-Insurance Institute of America Inc.'s ERISA preemption challenge to a Michigan


FTC and DOJ Update Antitrust Guidelines for the Licensing of Intellectual Property
  • McDermott Will & Emery
  • USA
  • January 18 2017

On January 13, 2017, the Federal Trade Commission (FTC) and the Antitrust Division of the US Department of Justice (DOJ) issued updated Antitrust


US Supreme Court Denies Petitions for Certiorari Filed In Two Federal Tax Cases
  • McDermott Will & Emery
  • USA
  • January 13 2017

On January 9, 2017, the US Supreme Court denied the petitions for certiorari filed in two federal tax cases


Northern District of Texas Blocks Enforcement of the Non-Discrimination Regulations of the ACA
  • McDermott Will & Emery
  • USA
  • January 9 2017

On December 31, 2016, the US District Court for the Northern District of Texas issued an opinion and order in Franciscan Alliance, Inc. et al v


NCSL Task Force on SALT Meets in Anticipation of Active Legislative Sessions
  • McDermott Will & Emery
  • USA
  • January 17 2017

On Saturday, January 14, the National Conference of State Legislatures (NCSL) Task Force on State and Local Taxation (Task Force) met in Scottsdale


Relying on Escobar, Ninth Circuit Tosses Implied Certification Case
  • McDermott Will & Emery
  • USA
  • January 17 2017

On January 12, 2017, the US Court of Appeals for the Ninth Circuit affirmed a district court’s grant of summary judgment in favor of a government


Third Time’s Not the Charm for IPR Petitioner Adding Known References to Previously Rejected Prior Art Combination
  • McDermott Will & Emery
  • USA
  • January 3 2017

Addressing whether to institute an inter partes review (IPR) based on a third petition by the same petitioner against the same patent claims, the


Nexium Case Extends Actavis Ruling
  • McDermott Will & Emery
  • USA
  • January 3 2017

Addressing a pay-for-delay and pharmaceutical-settlement antitrust jury trial for the first time since the 2012 Supreme Court of the United States


Teachings incorporated by reference for anticipation purposes need not be individually named
  • McDermott Will & Emery
  • USA
  • September 28 2009

Finding that material not explicitly contained in the single, prior art document may still be considered for purposes of anticipation if incorporated by reference into the document, the U.S. Court of Appeals for the Federal Circuit reversed and remanded a district court’s summary judgment that patents were not invalid for anticipation