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US Supreme Court rules in favor of hospitals in Medicare reimbursement dispute

JURIST

The US Supreme Court ruled unanimously Wednesday that the Department of Health and Human Services (HHS) may not cut Medicare drug reimbursement for a specific group of hospitals without a survey of hospitals’ pharmaceutical acquisition costs. Justice Brett Kavanaugh delivered the opinion of the court, reversing the DC circuit.

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Supreme Court likely to let vape company’s FDA challenge proceed

SCOTUSBlog

The question comes to the court as part of the FDAs efforts to regulate the multibillion-dollar vaping industry. In 2016, the FDA issued a rule indicating that the law applies to e-cigarettes and e-liquids. What arguments could you raise, she queried, that would be different than the manufacturer?

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Dog toy poking fun at Jack Daniel’s leads to dispute over parody exception to trademark protections

SCOTUSBlog

The case involves a dispute between Jack Daniel’s (the largest American whiskey manufacturer) and VIP Products (the second-largest American dog toy manufacturer). 7 Tennessee Sour Mash Whiskey” manufactured by “Jack Daniel’s,” the toy refers to a “Bad Spaniel” that makes “Old No. 2 on your Tennessee carpet.”

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Skinny Label Avoids Infringement

Patently O

The Federal Circuit recently affirmed a district court judgment finding that Abbreviated New Drug Applications (“ANDAs”) submitted by generic drug manufacturers did not infringe patents rights held by H. The statute’s patent specific.” But, as relevant for this case, 35 U.S.C. §

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Twelve cases added to Supreme Court calendar

SCOTUSBlog

On Friday, the justices agreed to decide whether the Nollan / Dolan test applies to a California man’s challenge to a development fee, or whether – as a California appeals court ruled – the fee is instead immune from such review because it was authorized by legislation. A federal appeals court ruled that Fikre’s case was not moot.

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Justices uphold a narrow version of patent assignor estoppel

SCOTUSBlog

The lower courts blocked Minerva from asserting invalidity because Minerva’s founder had filed the original patent applications and then sold the patent rights, which eventually ended up with Hologic. The lower courts ruled that the founder’s original assignment of patent rights prevented, or “estopped,” Minerva from contesting validity.

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Inventorship Correction Affirmed for Patent on Intermodal Container for Transporting Gaseous Fluids

Patently O

by Dennis Crouch In a recent nonprecedential decision, the Federal Circuit affirmed a district court ruling ordering the correction of inventorship for U.S. Tube-Mac, is the plaintiff in this case and is looking to manufacture its own version of the container systems. The inventorship correction statute – 35 U.S.C. §

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