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US appeals court blocks challenge to federal firearm silencer law

JURIST

The US Court of Appeal for the Fifth Circuit blocked an appeal Friday from Texas gun owners and state Attorney General Ken Paxton seeking judicial approval of a Texas gun law that exempts the state from federal firearm silencer regulations. Standing is a doctrine that courts require for an individual’s grievance to be heard.

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Canada Federal Court declares cabinet order enabling ban of single-use plastics unconstitutional

JURIST

The Federal Court of Canada delivered a decision on Thursday overturning the federal government’s order to list plastic-manufactured items (PMIs) under Schedule 1 of the Canadian Environmental Protection Act 1999 (CEPA).

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Prefiling Offer by Business Partner Dooms Patent

Patently O

The collaborative idea was that Eddings would manufacture the sheaths because Junker did not have that capability. Thus, the court has held that an offer-to-manufacture doesn’t count. In reviewing the letter, the court noted that the terms appeared quite complete. Image below).

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Patent Law at the Supreme Court February 2022

Patently O

Eligibility under Section 101 : American Axle & Manufacturing, Inc. 20-1394 (CVSG requested October 4, 2021); Undermining Jury Decisions : Olaf Sööt Design, LLC v. The asserted patent covers a new method of manufacturing an automobile drive-shaft with reduced vibration. The trial court award was affirmed on appeal.

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Conference Notebook: Reporting from FDLI’s 2023 Enforcement, Compliance, and Litigation Conference

FDA Law Blog

In his conference keynote address , Arun Rao—the Deputy Assistant Attorney General for DOJ’s Consumer Protection Branch—provided an overview of DOJ’s year in FDA enforcement. FTC Supreme Court decision stripping FTC of its ability to obtain restitution or disgorgement under Section 13(b) of the Federal Trade Commission Act.

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Big Win for HP&M Client: Court of Appeals Tells FDA to Regulate Barium Sulfate As a Device

FDA Law Blog

The decision has wide-ranging implications for FDA’s assertion of discretion in classifying and regulating medical products. As most readers of our blog are aware, the regulatory costs to manufacturers of medical products are much lower if FDA regulates a product as a medical device rather than a drug requiring FDA marketing approval.

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Climate Litigation Chart Updates – November 2016

ClimateChange-ClimateLaw

The Ninth Circuit Court of Appeals reversed a district court decision that vacated the listing of the Beringia distinct population segment (DPS) of the Pacific bearded seal subspecies as “threatened” under the Endangered Species Act (ESA). Climate Litigation Chart (Update #92): FEATURED CASE. Alaska Oil & Gas Association v.