News

New York State Approves Establishment of Clinical Staffing Committees in General Hospitals

By EsqSocial Corporation 29/06/21

In continuing efforts to address problems exposed by the COVID-19 pandemic, on June 18, 2021, the Governor signed legislation (S.1168-A/A.108-B) into law to address an urgent public policy priority related to clinical staffing in hospitals licensed pursuant to Article 28 of the New York State Pub

Amendment to China Patent Law Offer PTA, PTE and Patent Linkage

By EsqSocial Corporation 29/06/21

Patent term adjustment (PTA), patent term extension (PTE), and patent linkage were made available in China as of June 1, 2021. While there are certain rules to be finalized and settled, it is advisable that patentees and drug marketing authorization holders (MAHs) take action now.

Caremark Update: Delaware Court of Chancery Dismisses Two ‘Oversight’ Derivative Actions Arising From Government Investigations

By EsqSocial Corporation 29/06/21

The Delaware Court of Chancery recently issued two opinions — Richardson v. Clark (MoneyGram) and Fisher v. Sanborn (LendingClub) — that dismissed stockholder derivative claims for breach of directors’ oversight duties (so-called Caremark claims)....

Plaintiff cannot amend Statement of Claim more than 45 days after receipt of NOAs to plead infringement of further patents.

By EsqSocial Corporation 29/06/21

On May 5, 2021, the Federal Court dismissed a motion by Biomarin Pharmaceutical Inc (Biomarin) to amend its Statement of Claim to allege infringement of two patents that had not been asserted within the 45-day deadline provided by subsection 6(1) of the Patented Medicines (Notice of Compliance) R

OIG Issues Report Regarding Medicare Oversight of Cybersecurity for Networked Medical Devices in Hospitals

By EsqSocial Corporation 29/06/21

On June 21, 2021, OIG released a report titled “Medicare Lacks Consistent Oversight of Cybersecurity for Networked Medical Devices in Hospitals” (OEI-01-20-00220) (the OIG Report).

2021 Arkansas Insurance Legislation Summary: Act 925 Prohibits Life Insurance/Annuity Beneficiary Change through Will

By EsqSocial Corporation 29/06/21

In a surprising move, the Arkansas General Assembly overrode long-standing Arkansas common law that permits an insured to change a beneficiary of an insurance policy via will.

If IPR’s Not Your Bag, Consider Ex Parte Reexamination

By EsqSocial Corporation 29/06/21

These days, we generally think about inter partes review as a first option to challenge patentability.  Rightly so.  But don’t forget about ex parte reexamination (“XPR”).  Even in the IPR era, patent challengers are still successfully using XPR to attack patents of suspect validity and even leve

Information Requests and Subpoenas for PFAS Likely to Increase, as Biden Administration Ramps Up Regulation of PFAS

By EsqSocial Corporation 29/06/21

What to Do When You Receive an Information Request or Subpoena from a Governmental Agency about PFAS - Federal and state governments use information requests and subpoenas to gather information about a business’s practices related to PFAS that may be used as a basis for enforcement....

Last Week in the Federal Circuit (June 21–25): How Airtight Does an Air Mattress Have to Be?

By EsqSocial Corporation 29/06/21

The Federal Circuit announced last week that it will resume in-person oral arguments later this summer. The Court’s new protocols generally take effect with the September 2021 sitting, and we noticed that the Court has also scheduled some in-person arguments in July.

Delaware Courts Expand Plaintiffs’ Rights in Section 220 Cases

By EsqSocial Corporation 29/06/21

The rise in Section 220 demands (and related lawsuits) has resulted in several recent opinions that continue a trend in favor of greater access for stockholders to corporate books and records.

Pages