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McDermott Will & Schulte

Seeing double? Director instructs Board to resolve claim construction pre-institution

McDermott Will & Schulte on

The acting director of the US Patent & Trademark Office (PTO) vacated and remanded a Patent Trial & Appeal Board decision to institute two inter partes review (IPR) petitions that challenged the same claims. The acting...more

McCarter & English, LLP

SCOTUS Limits Sentencing for Supervised Release Violations to Rehabilitation

McCarter & English, LLP on

In a 7-2 decision, the United States Supreme Court has limited the factors a district court can consider when sentencing a defendant for a revocation of supervised release. The Supreme Court held that district courts cannot...more

Kilpatrick

PTAB: Initial Fallout from the New Director Guidance on Discretionary Denial of Institution

Kilpatrick on

Last week, my partner Justin Krieger published an alert regarding Acting Director Stewart's new guidance on discretionary denial. Shortly thereafter, Acting Director Stewart issued a decision vacating institution of several...more

Proskauer - Employee Benefits & Executive...

As DOL Fiduciary Rule is Officially Vacated, Focus Shifts to SEC

Proskauer - Employee Benefits & Executive... on

After nearly a decade in the making, the Department of Labor’s fiduciary rule appears to be officially dead. On June 21st, the U.S. Court of Appeals for the Fifth Circuit issued its mandate that finalized its earlier...more

Downey Brand LLP

Cause for Concern Over Organic Fertilizer Made from Food Waste?

Downey Brand LLP on

In December 2016, the National Organic Program (NOP) issued guidance 5034-1 that can be interpreted as approving of food waste for use in organic crop production (for example, as an input in fertilizer) without regard to...more

Foley & Lardner LLP

CAFC Finds Cryopreservation Method Patent Eligible

Foley & Lardner LLP on

The Federal Circuit ruled that the cryopreservation methods at issue in Rapid Litigation Mgmt. Ltd. v. CellzDirect Inc., are patent eligible under 35 USC § 101. It therefore vacated and remanded the decision of the U.S....more

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