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Supreme Court Holds Invalid Cholesterol Drug Patent That Covered Millions of Undisclosed Antibodies
In Amgen Inc. v. Sanofi, the Supreme Court unanimously held that “[i]f a patent claims an entire class of processes, machines, manufactures, or compositions of matter, the patent specification must enable a person skilled in the art to make and use the entire class.” That is, “the specification must enable the full scope of the…
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Avoiding Cybersecurity Incident Overdisclosure: Helpful Guidance
In a statement yesterday, the Director of the SEC’s Division of Corporation Finance commented on the relatively new Form 8-K Item 1.05 requirement. Last summer when the SEC adopted the final rules relating to cybersecurity incidents, the rules included a new requirement under Item 1.05 of Form 8-K relating to the occurrence of an incident…
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Illinois Legislative Update: BIPA Reform Bill Reducing Damages Approved by Illinois House, Awaiting Governor’s Signature
In a significant legislative development, the Illinois House of Representatives has overwhelmingly approved Senate Bill 2979, with a vote of 81 to 30, which amends the Illinois Biometric Information Privacy Act (BIPA) to limit damages to one violation per individual, rather than each instance their biometric information is captured, collected, disclosed, redisclosed, or otherwise disseminated.…
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SEC Director of Corporation Finance Speaks to Cybersecurity Disclosures
Erik Gerding, Director, Division of Corporation Finance, released a statement on the preferred methods to disclose certain cybersecurity incidents. Mr. Gerding noted “The cybersecurity rules that the Commission adopted on July 26, 2023 require public companies to disclose material cybersecurity incidents under Item 1.05 of Form 8-K….By: Stinson – Corporate & Securities Law Blog
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Dohman, Akerlund & Eddy Notifies Consumers of February 2024 Data Breach
On May 3, 2024, Dohman, Akerlund & Eddy, LLC (“DA&E”) filed a notice of data breach with the Attorney General of Montana after discovering that an unauthorized party was able to access portions of the company’s computer network. In this notice, DA&E explains that the incident resulted in an unauthorized party being able to access…
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Victoria Eye Center Notifies Over 80k of Recent Data Breach
On May 13, 2024, Victoria Eye Center / Victoria Surgery Center / Victoria Vision Center (“VEC”) filed a notice of data breach with the Attorney General of Maine after discovering that files on the company’s computer network were encrypted by a malicious actor. In this notice, VEC explains that the incident resulted in an unauthorized…
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Court Vacates $15m Verdict against Joint Compound Manufacturer; Upholds Evidentiary Rulings
Court: Supreme Court of New York, Appellate Division, First Department – In November 2023, a jury awarded plaintiff $15m for past pain and suffering and found defendant Kaiser Gypsum Company 70-percent liable. Kaiser subsequently filed post-trial motions, which were denied. The instant appeal followed….By: Goldberg Segalla
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Talc Defendant’s Motion for Summary Judgment Based on Texas Law Granted on Appeal
Court: Supreme Court of New York, Appellate Division, First Department – In September 2023, the trial court denied talc defendant Colgate-Palmolive Co.’s motion for summary judgment to dismiss the complaint against it. On appeal, the First Department unanimously reversed and granted Colgate’s motion….By: Goldberg Segalla
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FDA Clarifies Distinction Between Device Remanufacturing and Servicing in Final Guidance
While the US Food and Drug Administration’s recently issued Final Guidance on Remanufacturing of Medical Devices provides clarity and attempts to reign in certain activities, the agency continues to defer enforcement for servicing performed by independent third parties….By: Morgan Lewis
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Spain, Norway and Ireland Recognize Palestinian State, Further Isolating Israel
The moves, while largely symbolic, were welcomed by Palestinians and denounced by Prime Minister Benjamin Netanyahu, who called them “a prize for terrorism.”
