(United States Supreme Court) - Held that an inventor's sale of an invention to a third party who is obligated to keep the invention confidential can qualify as prior art for purposes of determining the patentability of the invention. The dispute here involved two pharmaceutical companies that disagreed about whether a certain drug was under patent; one of the companies wanted to market a generic version of it. Justice Thomas delivered the unanimous opinion.

(California Court of Appeal) - Affirmed the denial of a former professional football player's claim for workers' compensation benefits as former defensive tackle, Larry Tripplett, sought workers' compensation for cumulative injuries he suffered during his playing career. He argued that he was eligible for benefits in California, but the Fourth Appellate District disagreed, finding that he was ineligible because he was outside the state when he signed his employment contract with the Indianapolis Colts.

(California Court of Appeal) - Held that a general building contractor did not file a timely court challenge to a citation issued by government inspectors who found a safety violation at a job site. Affirmed dismissal of the contractor's petition for a writ of mandate.

(California Court of Appeal) - Upheld the denial of a man's application for unemployment insurance benefits. Affirmed the denial of writ relief.

(California Court of Appeal) - Plaintiff applied for disability retirement. His employer disputed his retirement and his claim of industrial causation. The Workers’ Compensation Appeals Board found that the disability was industrial, but that he was barred from receiving retirement benefits because his claim was untimely. The appeals court held that the industrial causation claim was timely and reversed the WCAB order and remanded with directions to grant Plaintiff’s claim.

(United States Seventh Circuit) - Affirmed. A lawsuit relating to who should pay for the cleanup of a contaminated site was dismissed because the limitations period had expired by the time the plaintiff filed suit.

(United States Seventh Circuit) - Affirmed. The district court dismissal of a workplace harassment suit was affirmed because after harassment was reported the company swiftly investigated and fired the harasser. No evidence was presented to support allegations of harassment in the victim's subsequent dismissal.

(United States Seventh Circuit) - Affirmed. A lawsuit relating to who should pay for the cleanup of a contaminated site was dismissed because the limitations period had expired by the time the plaintiff filed suit.

(Supreme Court of California) - Affirming the Court of Appeals determination that the manufacturer of a name brand drug whose labeling directs the warnings provided on its generic bioequivalent's packaging owes a duty of reasonable care to the consumers of the generic drug and that the liability for potential negligence doesn't automatically terminate upon transfer of the company's rights in the name brand drug to a successor manufacturer.

(United States Federal Circuit) - Affirming the District Court's determination that a proposed generic nasal spray would not infringe the patents of a company manufacturing the Nasonex nasal product.

(United States Ninth Circuit) - Partly affirming, partly vacating, and remanding the district court dismissal of a False Claims Act action brought against three pharmaceutical companies in a case involving off-label drug use and kickbacks to doctors because claims were substantially similar to those that had already been publicly disclosed, vacating to determine whether the situation qualified for the original source exception.

(United States Federal Circuit) - Affirming the decision of the district court holding, after a bench trial, that the asserted claims of a patent relating to the treatment of schizophrenia with iloperidone administered based on the genotype of the patient were infringed and not invalid.

(United States Federal Circuit) - Affirming that a chemical compound that mirrored a patented chemical compound was encompassed by the description that only portrayed one of the arrangements in the claim.

(United States Federal Circuit) - Vacating the Patent Trial and Appeal Board's dismissal of an interference claim for lack of standing and remanding for further proceedings because the description of a method for removing hair using nanoparticles to damage hair follicles was a sufficient written description under the Patent Act because although the description only gave optical density rather than particles per ml, this was enough of a disclosure to convey to those skilled in the art that the inventor had possession of the claimed subject matter.

(United States Federal Circuit) - Affirming the decision of the Patent Trial and Appeal Board in an inter partes review proceeding of patents relating to boron-containing small molecules used to treat fungal infections, holding that all of the claims of a patent owned by a company were unpatentable for obviousness.

(United States Federal Circuit) - Affirmed the bench trial finding that valid patents still existed in a longstanding pharmaceutical drug called Aveed after defendant Custopharm was sued for patent infringement by Endo Pharmaceuticals and Bayer after seeking FDA approval to produce a generic version of Aveed.

(United States Federal Circuit) - Affirmed a finding of patent claim invalidity involving certain claims related to a drug distribution system for tracking prescriptions of sensitive drugs, such as those with addictive properties. In affirming, the Federal Circuit held that the Patent Trial and Appeal Board did not err and that its determination, on inter partes review, that the patents were invalid was obvious.

(United States Federal Circuit) - Affirmed that tribal sovereign immunity could not be asserted in a patent proceeding. A pharmaceutical company involved in a dispute over an eye medication patent transferred the title of its patent to a Native American tribe, which then moved to terminate the patent proceeding on the basis of sovereign immunity. Concluding that tribal sovereign immunity cannot be asserted in inter partes review, the Federal Circuit affirmed the denial of the Tribe's motion to terminate the proceeding.

(United States Second Circuit) - Held that it was proper to remand to New York state court a case in which a labor union health plan sought disclosure of a patent dispute settlement agreement between pharmaceutical companies and the generic manufacturer of the EpiPen. Affirmed the district court's remand order, in this special proceeding under New York law seeking pre‐action disclosure.

(United States Supreme Court) - Held that an inventor's sale of an invention to a third party who is obligated to keep the invention confidential can qualify as prior art for purposes of determining the patentability of the invention. The dispute here involved two pharmaceutical companies that disagreed about whether a certain drug was under patent; one of the companies wanted to market a generic version of it. Justice Thomas delivered the unanimous opinion.

Als je als personal brand, als zelfstandig ondernemer online wil groeien, dan weet je vast al dat je elke dag weer moeten werken aan dat mensen je gaan kennen, dat ze je leuk gaan vinden en dat ze je gaan vertrouwen. Precies: know, like en trust. Je doet dit via je blogs, je webteksten, je […]

Sectoren die nu nog offline only acteren komen meer en meer onder druk te staan. Na het verdwijnen van hele winkelketens en het op de schop nemen van volledige branches is de digitale revolutie op weg om ook de wereld van zakelijke events en B2B-beurzen te ‘disrupten’. Het stevige podium dat de beursvloer biedt is […]

(United States Third Circuit) - Affirmed an order remanding a consumer class action to state court. The defendant home security equipment businesses had removed the case to federal court under the Class Action Fairness Act, but the plaintiffs showed that an exception to CAFA jurisdiction applied. The Third Circuit noted that under the local-controversy exception, a district court must decline to exercise jurisdiction over a class action involving a uniquely local controversy, as defined in the statute.

(United States Ninth Circuit) - Affirmed in part, reversed in part. Minor league baseball players seeking class status in an action under the Fair Labor Standards Act appeal the denial of class certification in Arizona and Florida. The panel held certification is appropriate and consistent with “the great public policy” embodied by the FLSA.

By Ezra David Romero

A new study demonstrates the role of culture in welcoming children with Down syndrome.

For years, I have read news headlines in Christian and secular outlets, from conservatives and liberals alike, stating that “90% of babies with Down syndrome are aborted.” As I have argued before, and as a new study demonstrates, it’s just not true. Correcting this common misconception matters both in providing accurate information to pregnant women and in normalizing the experience of receiving a child with Down syndrome.

Last week, the American Journal of Medical Geneticspublished a study about the birth rates of babies with Down syndrome in the United States. The study estimates live births of babies with Down syndrome from 1900-2010, with a focus upon the effect of prenatal screening programs within the United States on the population of babies with Down syndrome. After factoring in the expected number of live births, miscarriages, and stillbirths, it then posits a “reduction rate.” This reduction rate demonstrates the number of babies with Down syndrome that are not born as a result of selective abortion.

To be specific, in 2006-2010 theses researchers estimate around 5,300 babies were born with Down syndrome annually. During this same time period, approximately 3,100 babies with Down syndrome were selectively aborted each year. Around 800 of those aborted babies would have died before birth, so without selective abortion, the researchers estimate there would be around 7,600 live births with Down syndrome. The reduction rate of babies with Down syndrome in the United States in 2010 was around 30 percent. In other words, without selective abortion, the number of babies born with Down syndrome in recent years would have been about 30 percent higher than it actually has been.

So why ...

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(United States Fifth Circuit) - Held that a Houston law firm should be allowed to intervene in a lawsuit to protect its right to a contingent fee. The firm's client and the opposing party had allegedly conspired to cheat it out of its deserved attorney fee for work on a matter involving a foreign arbitral award. Remanded with directions to permit intervention and consider the law firm's claims on the merits.

From September 2019 Onwards, Audials Generation 2020 Will Be Available On Online Shops And In Specialist Stores.

FitzGerald Will Serve As Exactuals’ Tech Lead, Overseeing Updates And Expansions Of The Company’s Product Line, RAI.

(United States Ninth Circuit) - Affirmed in part, reversed in part. Minor league baseball players seeking class status in an action under the Fair Labor Standards Act appeal the denial of class certification in Arizona and Florida. The panel held certification is appropriate and consistent with “the great public policy” embodied by the FLSA.

"When we have lots of folks coming up from the Front Range into the mountains, that flies in the face of everything we're trying to accomplish."

Don't take it to the bank, but it is starting to look like the last flakes have flown across much of Colorado for the winter.

Jim Frey, who managed the Kansas City Royals to the 1980 AL pennant and the Chicago Cubs to within one win of the 1984 World Series, has died. He was 88.

Jaqueline Paisano, who everyone knew as Jackie, died of COVID-19 complications Monday night, according to George Washington High School Principal Kristin Waters. She would have been 17 next month. She is believed to be one of the youngest people in Colorado to die from the disease caused by the coronavirus.

Texas-Based Zack Walther Band Corrals Americana/Roots Music Extravaganza On New CD, The Westerner, Releasing October 25

Due to the coronavirus, several of Colorado's jazz festivals have been canceled or postponed until next year.

Together, Creamfields And Budweiser Will Focus On Building Entirely New Content For Dedicated Electronic Music Fans Throughout Asia

A lot of old members are back.

The post MISERY SIGNALS Begins Teasing New Material appeared first on Metal Injection.

Look at that face!

Virtually all of us are radically changing our lives to adjust to the new realities caused by the coronavirus crisis. This is a major shock to our entire global society, and it certainly will cause major changes in the way that people and organizations think and act in the future. As governments, institutions, and individuals … Continue reading The Next New Normals – in General →

SKOOKUM And Music Heals Are Partnering On Covers For The Cause, Challenging Musicians To Raise Money To Increase Access To Music Therapy And Play A Major Music Festival

Remember when it was fun to be afraid of things other than a global pandemic?

As schools across Colorado closed in March to slow the spread of coronavirus, food service directors and cafeteria workers swung into action, setting up an extensive network that has handed out hundreds of thousands of meals, many of them to families short on food for the first time.

Taylor, a two-year starter at outside linebacker for CU, did not play high school football due to religious reasons.

Detlev Helmig most recently attracted attention for a paper that stated emissions from oil and gas production on the Front Range are largely underestimated.

U.S. withdrawal from the international agreement to combat global warming, along with rule rollbacks, have slowed momentum that once inspired emulators abroad.

Michael Porter Jr. may have lost in the first round of the NBA 2K Players Tournament, but the Nuggets ended up shining when it was all said and done.

Tech Pals is pairing volunteers with seniors who want to learn more about technology, giving them someone to talk to and a chance to learn something new.

As schools across Colorado closed in March to slow the spread of coronavirus, food service directors and cafeteria workers swung into action, setting up an extensive network that has handed out hundreds of thousands of meals, many of them to families short on food for the first time.

Don't take it to the bank, but it is starting to look like the last flakes have flown across much of Colorado for the winter.