USPTO’s Patent Trial and Appeal Board Moves to Phillips Standard

Background On October 11, 2018 the United States Patent and Trademark Office (USPTO) adopted a final rule that changed the standard of claim construction in the Patent Trial and Appeal Board (PTAB) to the standard used in district court as articulated in Phillips v. AWH Corp., 415 F.3d 1303 (Fed. Cir. 2005) (en banc). The PTAB is the adjudicatory body of the USPTO that hears appeals regarding rejected patents and conducts trials regarding validity of Continue Reading →

STLR Link Roundup – November 12, 2018

SCOTUS to Decide Whether the U.S. Government Is a “Person” Who may Petition to Institute Review Proceedings Under the AIA The Supreme Court of the United States, on October 26, 2018, granted certiorari in Return Mail Inc. v. United States Postal Service, to address Question 1 of the petition: whether the U.S. government is a “person” who may petition for AIA review of issued patents without facing the estoppel consequences that apply to private parties.  Continue Reading →

The Future of Personalized Medicine: How Should Genomic Sequencing Be Regulated?

Background Healthcare is currently making a historic transition towards personalized medicine, a new and emerging healthcare model for treatment and prevention strategies tailored towards the client’s specific genetic variation, lifestyle, and environment. Among the tools used in this model, genomic sequencing is one that is quintessential to the creation and effectiveness of these strategic plans. Breakthroughs in science and technology allow laboratories to sequence an entire human genome within 24 hours and at a reasonably Continue Reading →

STLR Link Roundup – November 2, 2018

No Crypto ETF from BlackRock Anytime Soon, CEO Says The largest asset manager in the world, BlackRock, won’t be launching a bitcoin ETF until cryptocurrencies are seen as legitimate, according to BlackRock CEO Larry Fink. Fink does say, however, that he could see the day where there is electronic trading for crypto that could be a store of wealth. The SEC also has doubts about a bitcoin ETF, and has yet to approve any application for such Continue Reading →

HHS and Treasury Issue New Guidance on PPACA Waivers

On Monday, October 22, 2018 the Departments of Health and Human Services (HHS) and the Treasury issued new guidance pertaining to state waivers under Section 1332 of the Patient Protection and Affordable Care Act (PPACA). Section 1332 waivers (formerly “State Innovation Waivers” and now “State Relief and Empowerment Waivers”) allow states to apply for waivers for specific ACA health care plan requirements. Under the terms of the PPACA, the HHS Secretary can request waivers only Continue Reading →

STLR Link Roundup – October 26, 2018

Pentagon Launches First Cyberoperation to Protect Elections Against Russian Interference The United States Cyber Command has begun conducting the first known overseas cyberoperation to protect American elections. The operation involves targeting Russian operatives with digital alerts, warning them against interfering with the approaching midterm elections. News of the operation comes after the White House recently lifted restrictions on Cyber Command’s ability to conduct offensive attacks. Yahoo Agrees to $50 Million Settlement for Massive Data Breaches Continue Reading →

State Vaccine Mandates vs. Federal Vaccine Regulation

The results of a 2017 survey from the Centers for Disease Control and Prevention (CDC) were released earlier this month, finding that the percent of U.S. children under two years old who have not been vaccinated has quadrupled since 2001, resulting in 1.3% of children today not receiving any of their recommended vaccines. There are four main reasons why parents don’t vaccinate their children: religious beliefs, personal beliefs or philosophical reasons, safety concerns, and a Continue Reading →

STLR Link Roundup – October 19, 2018

Federal Judge Approves SEC’s Settlement with Tesla CEO Elon Musk. On Tuesday, October 16, 2018, U.S. District Court Judge Alison Nathan approved Elon Musk and Tesla’s securities fraud settlement with the SEC. As part of the settlement, Musk and Tesla will each pay $20 million in civil penalties. Musk must also step down as chairman of the board within 45 days for at least 3 years. The SEC sued Musk on September 27, 2018 alleging Continue Reading →

The Emerging Question of AI Legal Personhood Asked of Us by the Likes of Google Duplex and Sophia

At Google’s I/O developer conference this past May, CEO Sundar Pichai unveiled Duplex, an incredibly human-sounding phone bot that appeared, upon first impression, to pass Alan Turing’s Imitation Game, which tests the “intelligence” of a computer by judging its ability to answer a series of questions well enough to fool a human interrogator of its true nature. In the demo, an appreciative crowd listens as Pichai plays a recording of two calls made by Duplex Continue Reading →

The Truth About OSS-FRAND: By All Indications, Compatible Models in Standards Settings

Editor’s Note: This post was written by guest contributors David J. Kappos and Miling Y. Harrington. Mr. Kappos is a partner at Cravath, Swaine & Moore LLP. Previously, he served as the Under Secretary of Commerce and Director of the United States Patent and Trademark Office from August 2009 – January 2013. Ms. Harrington is an associate at Cravath, Swaine & Moore LLP. A PDF of the following article can be found here and will be published in a forthcoming edition of Continue Reading →