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Alice Step 2 May be Satisfied by a Patent’s Description and use of Claimed Technology
Allegations in a complaint may be insufficient to raise a factual dispute under Step 2 of Alice when a patent’s specification contradicts those allegations by using the claimed technology in a way that demonstrates a person of ordinary skill in the art would have viewed the technology as routine, conventional, or well-known….By: Sheppard Mullin Richter…
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Just In! More Guidance on Material Cybersecurity Incidents (Item 1.05 of Form 8-K)
On June 24, the Securities and Exchange Commission (SEC) released five additional Compliance and Disclosure Interpretations for Item 1.05 of Form 8-K (Material Cybersecurity Incidents). These interpretations provide additional guidance as to whether and when materiality determinations should be made and when related reporting obligations arise….By: Bass, Berry & Sims PLC
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Orange Book Concerns Pick Up as Yet Another Issue for Pharmaceutical Manufacturers
Pharmaceutical manufacturers are increasingly finding themselves defending decisions to list in the U.S. Food and Drug Administration’s (FDA) Orange Book patents that they assert are associated with their products. The Federal Trade Commission (FTC) issued a policy statement in September 2023 announcing an evaluation of whether improper Orange Book listings “may constitute an unfair method…
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Impact of Tennessee’s Cybersecurity Class Action Safe Harbor
Tennessee has joined a handful of other states to provide certain safe harbors in the cybersecurity realm. Unlike others, the law sites beside -but does not modify- the states’ data breach notification law. Also unlike others, the safe harbor is very narrowly tailored, and is not triggered by having a data security program….By: Sheppard Mullin…
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Judge Alan D. Albright Authors First Federal Circuit Opinion
Judge Alan D. Albright, sitting by designation at the Federal Circuit, penned his inaugural appellate decision in Apple v. Omni MedSci on Friday. The unanimous ruling favored Apple, who contested Omni MedSci’s patent via inter partes review….By: Fenwick & West LLP
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Putting a Finer Point on Fine Print in False Labeling Suits: The Ninth Circuit’s ‘Unambiguously Deceptive’ Rule in McGinity v. P&G
How reasonable does a consumer have to be before they’re “unambiguously” deceived? Our Food & Beverage Team reads the tea leaves to discover how courts in the Ninth Circuit are applying the new McGinity standard….By: Alston & Bird
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FCCI Insurance Group Announces Data Breach Stemming from Compromised Email Account
On June 19, 2024, FCCI Insurance Group filed a notice of data breach with the Attorney General of Montana after discovering that an unauthorized party was able to access certain company emails. In this notice, FCCI Insurance explains that the incident resulted in an unauthorized party being able to access consumers’ sensitive information, which includes…
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Nursing Home Abuse/Neglect FAQs in Delaware
1. What are the signs of nursing home abuse or neglect in Delaware? Signs of nursing home abuse and neglect can vary, but common indicators include physical injuries like bruises, cuts, or bedsores; sudden weight loss; unexplained changes in behavior; poor hygiene; and unattended medical needs. Emotional withdrawal or a sudden change in financial situation…
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Kenyan President Vows to Prevent Violence ‘At Whatever Cost’
President Ruto spoke after demonstrators in Nairobi breached the Parliament to protest the passage of a bill raising taxes on many basics. At least five people were killed, according to Amnesty International and several civic organizations.
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Russia Committed Human Rights Violations in Crimea, European Court Finds
The European Court of Human Rights listed multiple violations. Its findings paint a grim picture of life under a decade of Russian occupation.
