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  • Article

    Court Disqualifies Law Firm In Patent Suit, Finding No Quick Fix For Rule 1.7 Violation

    Chief Judge Saris in the District of Massachusetts recently granted a motion to disqualify the Sunstein law firm from representing Altova in a patent suit against Syncro Soft, upon finding that the conflict...
    United StatesIntellectual Property
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    Weighing The Costs And Benefits Of Cost-Benefit Analysis

    E&E News reported on Sunstein's new book, Simpler: The Future of Government, noting that Sunstein has been subject to "scathing" criticism from Lisa Heinzerling.
    United StatesEnvironment
    Foley Hoag LLP
    Foley Hoag LLP
  • Article

    Climate Change And Cost Benefit Analysis: Cass Sunstein Is Talking, But Is Anyone Listening?

    Sunday’s New York Times had an op-ed piece by Cass Sunstein, recently departed head of the Office of Information and Regulatory Affairs, advocating for sensible measures to address global climate change.
    United StatesEnvironment
    Foley Hoag LLP
    Foley Hoag LLP
  • Article

    Book Review: The World According To Star Wars

    It was right after our selfie with Minion Captain America that we saw it. We were marching up and down the aisles, dodging empire storm troopers.
    United StatesLitigation, Mediation & Arbitration
    Reed Smith
    Reed Smith
  • Article

    EPA Does Have A Duty To Update Its Lead Paint Standards: Cass Sunstein Agrees With Me

    As a follow-up to my post last week about the 9th Circuit decision requiring EPA to propose new lead paint standards under TSCA within 90 days, I was encouraged to see Cass Sunstein ...
    United StatesEnvironment
    Foley Hoag LLP
    Foley Hoag LLP
  • Article

    Artwork Created By Artificial Intelligence (AI) Not Eligible For Copyright

    In 2018, Steven Thaler filed an application to register a copyright for a computer-generated image created autonomously by a computer algorithm, the "Creativity Machine".
    United StatesIntellectual Property
    Sunstein
    Sunstein
  • Article

    President Obama Encourages Use Of Behavioral Science

    It's one thing to make financial aid available to students, so they can attend college.
    United StatesMedia, Telecoms, IT, Entertainment
    Venable LLP
    Venable LLP
  • Article

    The European Commission Publishes Comprehensive Contractual Clauses For Use In Data Transfers From Europe

    In June, the European Commission published the final version of a new set of standard contractual clauses (SCCs) that can be used to comply with the EU's General Data Protection Regulation (the "GDPR").
    GlobalPrivacy
    Sunstein
    Sunstein
  • Article

    Cass Sunstein Is Still Pushing Regulatory Reform -- Why Isn't Everyone Happy?

    Yesterday, President Obama released another Executive Order on regulatory reform.
    United StatesEnvironment
    Foley Hoag LLP
    Foley Hoag LLP
  • Article

    It's Not Complicated: Make Sure The Technical Expert You Retain To Testify About Infringement Has Credentials That Match The Level Of Skill Required By The Court

    In infringement suits, the patentee must show that each element of a patent claim is infringed either literally by an accused product or infringed under the doctrine of equivalents.
    United StatesIntellectual Property
    Sunstein
    Sunstein
  • Article

    The Estate Of Henrietta Lacks Sues Thermo Fisher Scientific

    In a one-count complaint for unjust enrichment filed on October 4, 2021—the 70-year anniversary of Henrietta Lacks' death...
    United StatesLitigation, Mediation & Arbitration
    Sunstein
    Sunstein
  • Article

    It's Forever: R&B Group's Trademark Contested By Rival Singers In Both TTAB And Federal Court

    In a recently issued precedential opinion, the Court of Appeals for the Third Circuit fell in line with the second and ninth circuit courts of appeals and held that Trademark Trial...
    United StatesIntellectual Property
    Sunstein
    Sunstein
  • Article

    What Is A COVID-19 Vaccine Intellectual Property Waiver?

    While over 48% of the U.S. population is fully vaccinated, only about 15% of the world is. Such disparities have caused members of the World Trade Organization (WTO), such as India and South Africa...
    United StatesIntellectual Property
    Sunstein
    Sunstein
  • Article

    Supreme Court Finds Constitutional Violation In Patent Challenges, But Provides Quick Fix

    For those familiar with inter partes review—or IPR, as it is known—the recent Supreme Court decision in U.S. v. Arthrex was much anticipated because it carried with it the potential to upend the entire IPR system.
    United StatesIntellectual Property
    Sunstein
    Sunstein
  • Article

    Regulatory Myths (Part 1)

    While most media and academic attention is devoted to what happens in legislatures and to the statutes they produce, most governing is done through the enactment and enforcement of regulations.
    CanadaFood, Drugs, Healthcare, Life Sciences
    Gowling WLG
    Gowling WLG
  • Article

    A Procedural Bias Favors Patent Owners In IPRs

    Many have argued that the PTAB is biased against patent owners, but one has to wonder whether they are taking into account the procedural benefits afforded to patent owners.
    United StatesIntellectual Property
    Sunstein
    Sunstein
  • Article

    Cyber-Criminals Beware: Governmental Surveillance Of Suspects Does Not Always Require A Warrant

    A search warrant is not required for law enforcement to use pen registers to record the IP addresses visited by a criminal suspect, a federal appeals court recently held.
    United StatesTechnology
    Sunstein
    Sunstein
  • Article

    States Are Cracking Down On Cybersecurity Laggards

    That breach famously compromised credit and debit card information of 40 million customers.
    United StatesTechnology
    Sunstein
    Sunstein
  • Article

    Federal Circuit Jumps To Step Two To Rescue Authentication Patent

    In Cosmokey Solutions Gmbh & Co. KG v. Duo Security LLC, on October 4, 2021, the Federal Circuit jumped straight to Step Two of the Supreme Court's two-step method for determining patent eligibility...
    United StatesIntellectual Property
    Sunstein
    Sunstein
  • Article

    Intellectual Property In Russia

    The Russian war on Ukraine has resulted in a series of US sanctions and Russian countermeasures that have disrupted the coordination of patent and trademark rights between the United States and Russia.
    GlobalIntellectual Property
    Sunstein
    Sunstein

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