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Petitioner Allowed to Proceed in “Understudy Role” – In American Honda Motor Co., Inc. v. Neo Wireless, LLC, IPR2023-0791 (P.T.A.B. March 30, 2023), American Honda Motor Co., Inc. (“Honda”) filed a “copycat” Petition requesting institution of an inter partes review of claims 1–14 of U.S. Patent No. 10,075,941….By: Goodwin

On December 13, 2023, the U.S. Department of Health and Human Services (HHS) Office of the National Coordinator for Health Information Technology (ONC) published a wide-ranging final rule, Health Data, Technology, and Interoperability: Certification Program Updates, Algorithm Transparency, and Information Sharing (HTI-1), which was published in the Federal Register on January 9, 2024….By: Akin Gump…

Key Points – In SEC v. Terraform, the court has granted summary judgment for the SEC on its claim that the defendants offered and sold unregistered securities in the form of “crypto assets.” This comes amidst the SEC authorizing 11 ETFs in spot Bitcoin to begin trading this week….By: Akin Gump Strauss Hauer & Feld…

The importance of claim construction, and how construing the same term facing a challenge based on different prior art in separate inter partes review proceedings can result in contrary findings on invalidity, was illustrated by the Federal Circuit’s decision recently in Pacific Biosciences of California, Inc. v. Personal Genomics Taiwan, Inc….By: McDonnell Boehnen Hulbert &…

While the US does not have some specific AI-focused law a host of regulators have been providing their thoughts about AI. Noticeable traction on the topic began in 2020. With the explosion of ChatGPT in 2023, commentary (and scrutiny) has been picking up steam….By: Sheppard Mullin Richter & Hampton LLP

On December 18, 2023, ESO Solutions, Inc. filed a notice of data breach with the U.S. Department of Health and Human Services Office for Civil Rights, confirming that hackers were able to access the company’s IT network through a ransomware attack. In this notice, ESO explains that the incident resulted in an unauthorized party being…

On December 11, 2023, HealthAlliance, Inc. (“HealthAlliance”) filed a notice of data breach with the U.S. Department of Health and Human Services Office for Civil Rights after discovering that an unauthorized party had gained access to the organization’s IT network. In this notice, HealthAlliance explains that the incident resulted in an unauthorized party being able…

The Modernization of Cosmetics Regulation Act of 2022 (MoCRA) brought significant changes for the US Food and Drug Administration’s (FDA’s) regulation of cosmetic products. Recent FDA action, including the issuance of final guidance and a newly launched registration and listing portal, provide additional clarity as to what the agency’s approach to implementing MoCRA requirements will…

After over four and a half years of litigation, a New Jersey judge dismissed a claim against a nightclub after a Rutgers University student was fatally struck by a car, reasoning that, while the patron was visibly intoxicated while at the bar, it had not served him any alcohol. The decision arises from circumstances that…