In a development significant to patent applicants and virtually all businesses, the United States Patent and Trademark Office (USPTO) has made available over the Internet the contents of its files relating to published pending U.S. patent applications.

Amgen filed a petition for rehearing en banc to the Federal Circuit, arguing that the panel in Amgen v. Sanofi improperly created a new and heightened test for enablement of genus claims with functional limitations.

State and federal banking regulators’ recent focus on cyber security and cyber insurance underscores the importance of procuring cyber insurance.

Government contractors are no stranger to various regulatory requirements and two recent Executive Orders will require most contractors to comply with mandatory COVID-19 vaccination requirements.

Two recent pieces of legislation—S. 3642 and H.R. 6029—have increased the scope and power of federal protection of trade secrets under the Economic Espionage Act.

In a law review article entitled "The Death of the Genus Claim,"1 which published in the aftermath of the Federal Circuit decision in Idenix v. Gilead, 941 F.3d 1149 (Fed. Cir. 2019)...

The U.S. Court of Appeals for the District of Columbia Circuit has held that the Digital Millennium Copyright Act ("DMCA") did not authorize the Recording Industry Association of America ("RIAA") to obtain subpoenas compelling Verizon and other Internet service providers ("ISPs") to disclose the names and other information about subscribers alleged to have violated copyright laws by illegally downloading over 600 songs in a single day from the internet using a peer-to-peer file sharing network.

The attached article will be of interest to companies that compete in industries in which intellectual property rights have the potential to affect competition in a significant way.

The EPA issued its long-awaited proposal for rules addressing carbon dioxide emissions from existing power plants.

Insurance coverage for cyber attacks and privacy breaches is not a novelty anymore; it is a necessity.

With the existing economic crisis, a significant regulatory restructuring may finally occur, as many have concluded that the system is broken and no longer works. President Obama has said that updating the financial regulatory system is a top legislative priority.

When an employer has union-represented employees, the National Labor Relations Act ("NLRA") generally prohibits the employer from implementing changes to the employees’ terms and conditions of employment without first giving the union the opportunity to bargain over the proposed changes.

The SEC issued a no-action letter permitting an M&A Broker, under certain conditions, to facilitate mergers, acquisitions, business sales, and business combinations.

The Southern District of New York held recently that the Berne Convention is not a self-executing treaty.

When gospel musicians Clara Shepherd Warrick and Jimmy Lee Weary created the song "I’m So Grateful (Keep in Touch)", in 1976, they apparently only ever desired for the song to be performed "as spiritually uplifting gospel music."

Takeaway: Technology advances. Business processes evolve. Internet transactions become increasingly ubiquitous. Contract formation, however, remains an old-fashioned concept