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Searching Content by McDermott Will & Emery ordered by Published Date Descending.
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1
OIG Dusts Off The Old Rule Book To Say No To Free Expensive Drugs To Hospitals
On November 16, 2018, the Office of Inspector General (OIG), Department of Health and Human Services posted an unusual negative Advisory Opinion (AO 18-14) on a drug company's (the Requestor's)
United States
17 Dec 2018
2
The Latest: FTC Submits Comment On FDA Guidance Aimed At Deterring Abuse Of Citizen Petition Process
The Federal Trade Commission (FTC) submitted comments supporting the Food and Drug Administration's (FDA)
United States
17 Dec 2018
3
ERISA Class-Action Litigation Over Fees In Health And Welfare Plans
Sponsors and fiduciaries of health and welfare plans should be aware of a recently filed class-action lawsuit against alleged fiduciaries of a health plan.
United States
14 Dec 2018
4
A New Supreme Court Case May Impact The Future Of Spirits Direct Shipping
In late September 2018, the U.S. Supreme Court granted a petition for a writ of certiorari.
United States
14 Dec 2018
5
Hearing Scheduled For DC False Claims Expansion – Taxpayers Beware!
DC Council Chairman Phil Mendelson recently announced that a public hearing will take place later this month before the Committee of the Whole to consider a bill ...
United States
13 Dec 2018
6
Practice Reminder: Research Misconduct Can Be A Source Of False Claims Act Liability
The October issue of the journal Science features a series of short articles highlighting a database containing a list of more than 18,000 scientific papers and conference abstracts that have been...
United States
13 Dec 2018
7
#MeToo Movement Implications On Employment Agreements
Given the rise of the #MeToo movement, companies are having to deal with many issues when drafting employee agreement contracts.
United States
12 Dec 2018
8
Corporate Law & Governance Update - December 2018
A revised Department of Justice (DOJ) policy serves to clarify the relationship between establishing individual accountability and qualifying for cooperation credit
United States
12 Dec 2018
9
THE LATEST: DOJ Announces New Model Timing Agreement For Merger Investigations
Consistent with Assistant Attorney General Delrahim's speech on September 25, 2018, the DOJ released a new Model Timing Agreement which sets out that it will require fewer custodians,
United States
7 Dec 2018
10
7th Circuit Issues Lebamoff Opinion
As you likely have read in the trade press already, on Wednesday, November 28, 2018, the US Court of Appeals for the Seventh Circuit issued its opinion in Lebamoff v. Rauner.
United States
5 Dec 2018
11
THINS – Not All They're Crackered Up To Be
On appeal from two oppositions, the US Court of Appeals for the Federal Circuit affirmed a Trademark Trial and Appeal Board (TTAB) refusal to register marks for CORN THINS and RICE THINS for snack...
United States
4 Dec 2018
12
Eagle Mark Soars To Injunction Against Identical "Hawk" Logo
Addressing whether the district court correctly found a likelihood of confusion as a matter of law between two "identical" logos arranged around a stylized bird, the US Court of Appeals...
United States
4 Dec 2018
13
An All Star Trademark Opinion
Addressing core issues of trademark law, including evidentiary presumptions afforded to registered trademarks and considerations in determining whether trademarks have acquired secondary meaning,
United States
4 Dec 2018
14
Supreme Court To Address Whether Government Can Petition For AIA Post-Grant Review
The Supreme Court of the United States granted, in part, Return Mail's petition for certiorari to address whether the federal government has standing to challenge patents using post-grant...
United States
4 Dec 2018
15
Burden Is On Trustee To Show Insolvency At Time Of Transfer
The US Court of Appeals for the 11th Circuit affirmed the district court's dismissal of a fraudulent conveyance claim for a "blocking right"and right of first refusal under a patent transfer agreement
United States
4 Dec 2018
16
Deadline Extended For Individual Good Faith Reporting And Transition Relief Under ACA
Yesterday, the IRS released Notice 2018-94. This notice extends the due date for furnishing to individuals the 2018 Form 1095-B, Health Coverage
United States
4 Dec 2018
17
SEP Rights Holder Must License All Comers
A federal district court in California granted partial summary judgment for the Federal Trade Commission (FTC) and ordered a standard essential patent (SEP) holder ...
United States
4 Dec 2018
18
Formula For Abstract Ideas: Alice Applied To Spreadsheet Claims With Mixed Results
Addressing whether patent claims were directed to abstract ideas, the US Court of Appeals for the Federal Circuit found that a number of claims directed to organizing and presenting information ...
United States
4 Dec 2018
19
Another Diagnostic Test Found Ineligible Under § 101
Addressing patent eligibility under 35 USC § 101 for gene-related patents, the US Court of Appeals for the Federal Circuit affirmed the district court's grant of summary judgment of invalidity ...
United States
4 Dec 2018
20
Benefit Of Earlier Filing Date Or Gaining Patent Term? Patentee Can't Have Its Cake And Eat It Too
Affirming a Patent Trial and Appeal Board (PTAB) priority determination invalidating a patent, the US Court of Appeals for the Federal Circuit found that amending the priority claim ...
United States
4 Dec 2018
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