Congress

• IP: Obamacare’s constitutional impact on patents

  By Philip Y. Kouyoumdjian, Richard T. Ruzich  |  April 30, 2013

  Enactment of the Patient Protection and Affordable Care Act (commonly known as the PPACA or Obamacare) resulted in barrage of media coverage that has endured as the law nears its 2014 implementation date.

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  DMCA protections do not apply to pre-1972 sound recordings, court rules

  By Alanna Byrne  |  April 24, 2013

  The Digital Millennium Copyright Act (DMCA) has shielded many a website from copyright infringement claims. But its protections do not extend to pre-1972 sound recordings, a New York state appeals court ruled on Tuesday.

• IP: Business methods, diagnostics and abstract ideas

  By Katherine Neville  |  April 23, 2013

  The Supreme Court has taken an increased interest in patent cases in recent years. Two cases important to entities that file business method patents, software patents and medical diagnostics are Bilski v. Kappos and Mayo Collaborative Services v. Prometheus Laboratories, Inc.

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  Cases pit Native American sovereignty against NLRB authority

  By Julie Beck  |  April 18, 2013

  Are Native Americans subject to the authority of the National Labor Relations Board (NLRB), or does tribes’ right to self-government come first?

• IP: Supreme Court holds that the “first sale” doctrine applies to copies of a copyrighted work lawfully made abroad

  By Martin B. Pavane, Marilyn Neiman, Richard T. Ruzich  |  April 16, 2013

  On March 19, in Kirtsaeng v. John Wiley & Sons, Inc., the Supreme Court, reversing the 2nd Circuit, resolving conflicting decisions from the federal appellate courts, and rejecting the solicitor general’s arguments, held that the “first sale” doctrine applies to lawful copies of a copyrighted work first sold abroad.

• Regulatory: Why is “abusive” the most feared word in Dodd-Frank?

  By Martin Bishop  |  April 3, 2013

  The Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank) empowers the Consumer Financial Protection Bureau (CFPB) to prohibit unfair, deceptive or abusive acts or practices (UDAAP).

• IP: Why do patent cases cost so much to get through trial?

  By Jake Holdreith  |  March 26, 2013

  It is no secret that patent cases are some of the most expensive cases to get through trial.

• Contractual class action waiver valid despite NLRB ruling

  By Alanna Byrne  |  March 26, 2013

  In its recent decision in Owen v. Bristol Care Inc., the 8th Circuit ruled that mandatory arbitration agreements including class action waivers are enforceable in Fair Labor Standards Act (FLSA) cases.

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  Decision could make it difficult to hold executives liable for inducing infringement

  By Steven Seidenberg  |  March 26, 2013

  In early 2009, Roger Hall’s prospects were excellent.

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  FDA proposes charging compounding pharmacies fees to fund extra oversight in wake of meningitis outbreak

  By Julie Beck  |  March 25, 2013

  Compounding pharmacies across the country are likely having flashbacks to mean high school teachers who would give the whole class extra homework to punish one student’s misconduct.