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Indiana Bans Physician Non-Competes for Primary Care Physicians, Adds Restrictions for Others
Just three years after passing a statute significantly restricting the enforceability of physician non-compete agreements, Indiana’s legislature has passed an amendment, Senate Enrolled Act No. 7.
Analogous Art Must Be Compared to Challenged Patent
The US Court of Appeals for the Federal Circuit reversed a Patent Trial & Appeal Board obviousness decision, finding that a prior art reference relating to automotive engine parts was not analogous art to the challenged patent, which related to injection devices used for drug delivery.
New Technology Does Not Alter Enablement Rules
Exploring the applicability of its enablement law to life sciences, the Supreme Court of the United States issued a unanimous opinion, concluding that patent claims covering a genus of antibodies defined in part by functional limitations were not enabled by the specification as required by 35 U.S.C. § 112.
Countdown to the Unified Patent Court
The Unified Patent Court (UPC) will officially open for business on June 1, 2023.
No Extra Life: Harmless Claim Construction Error Does Not Restart Invalidity Challenge
The US Court of Appeals for the Federal Circuit affirmed a Patent Trial & Appeal Board decision, finding that under the harmless error rule, the challenged claims were invalid as obvious even if the Board erred in claim construction.
Minnesota to Ban Non-Compete Agreements Other Than Related to Sale, Dissolution of Business
Minnesota is close to enacting a near-total bar on the use of covenants not to compete.
What's Shakin' Bacon? Not Inventorship—Contribution to Invention Can't Be "Insignificant"
The US Court of Appeals for the Federal Circuit reversed a district court decision and found that an asserted inventor not named in the application was not a joint inventor because in the context of the entire invention his contribution was too insignificant to constitute joint inventorship.
Trade Secret Law Evolution Podcast Episode 54: Reconciling Vicarious Liability Principles with Indirect Misappropriation Requirements
You are invited to listen to Episode 54 of Greenberg Traurig’s Trade Secret Law Evolution Podcast, “Reconciling Vicarious Liability Principles with Indirect Misappropriation Requirements.”
Breaking Up Is Hard to Do: Validity Upheld Based on Expert Separation Testimony
The US Court of Appeals for the Federal Circuit affirmed a district court decision finding that two patents covering enantiomerically pure compositions of the psoriasis drug Otezla® (apremilast) were valid and one patent covering a dosage titration schedule was invalid as obvious.
Reaching New Lights: Inherent Upper Limit Enables Open-Ended Range
The US Court of Appeals for the Federal Circuit affirmed an International Trade Commission decision finding a § 337 violation.
Featured Stories
Schedule A I-140: Fast-Track Green Card for Nurses and Physical Therapists
Most employment-based permanent residency applications require the applicant to go through the PERM labor certification process where the U.S. Department of Labor (DOL) certifies that there are not sufficient U.S. workers able, available, and qualified to fill a position.
SCOTUS to Warhol Foundation: Your Use of Previously Licensed Work Isn't Fair
On May 18, 2023, the United States Supreme Court issued its long-awaited decision in Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith, a case that presented the Court with an opportunity to bring clarity to the often highly subjective standards lower courts apply when deciding the issue of fair use of visual works of art under copyright law.
Challenging OSHA Violations at Occupational Safety and Health Review Commission Is Worth the Effort
It is more important than ever that employers understand the serious long-term, non-monetary consequences of settling or accepting Occupational Safety and Health Administration (OSHA) citations.
New Washington Law Regulates Warehouse Distribution Center Worker Quotas
A new Washington law regulating employers’ use of production quotas or production standards for employees working at warehouse distribution centers (House Bill 1762) will go into effect on July 1, 2024.
Congress Adds AKS and Stark Law Exceptions for Certain Wellness Programs
As a part of the Consolidated Appropriations Act, 2023 (CAA), Congress passed new exceptions to the Physician Self-Referral Law (Stark Law) and the federal Anti-Kickback Statute (AKS) allowing certain healthcare entities to provide mental health or behavioral health improvement and/or maintenance programs to physicians and other clinicians.
Texas Approves SB 14 Prohibiting Gender-Affirming Care for Minors
On May 17, 2023, the Texas Senate approved Senate Bill No. 14 (SB 14), prohibiting physicians from providing gender-affirming medical care to minors experiencing gender dysphoria (distress that results from having one’s gender identity not match one’s sex assigned at birth).
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