1. Chew On This: Most Popular Reads on JD Supra Last Week

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    Saturday recap - most popular news and updates on JD Supra last Monday to Friday:

    1. Petition Submitted To SEC For Alternative Conflict Minerals Reporting 
    2. Legal concepts every social media marketer should know: Part III — Use of third-party images, graphics, and content
    3. [Video] ITC: Protecting Intellectual Property in the US
    4. Affordable Care Act’s Special Rules for Grandfathered And Self-Insured Health Plans
    5. [Video] Innovative Exit Strategies for Life Sciences Companies
    6. Bring-Your-Own-Device: Are Employers Opening the Door to Security and Legal Risks?
    7. FERC Issues New Rules on Selling Ancillary Services to Promote Energy Storage
    8. New Jersey Social Media Privacy Law Effective Soon
    9. Changes to New Jersey’s Unemployment Insurance Law Penalize Nonresponsive Employers
    10. Post Summer 2 of 5 - The Rush To Step Back on Facebook Demand Laws

    Stay in touch»

  2. JD Supra Morning Brief: Innovation in Healthcare, Profanity at Work, Guns in Trunk, Update on gTLDs

    Are you still reading the JD Supra Morning Brief on the blog? That’s so … 2012. Click here to get it sent to your inbox every weekday.

    The Bureau of Land Management’s proposed rule for fracking on federal lands isn’t a “gift” to the industry (LXBN

    A workplace policy to prohibit on-the-job profanity? It might not be a bad idea… (Fisher & Phillips

    Sure, we could all use a little more money from time to time. But the future of innovation in the healthcare industry is at risk due to a capital crunch (Fenwick & West

    Voulez-vous crowdfunder avec moi? (Reed Smith

    The Tennessee Attorney General wants employers in the state to know that they can still prohibit guns on company property (Chambliss) (Ogletree Deakins

    Share carefully, my friend (Demas Law Group

    The FDA should issue final guidance on the regulation of mobile medical apps later this year. In the meantime, their letter to uCheck Urine Analyzer signals the type of oversight they plan to exercise (Morrison & Foerster

    Be an angel. Without losing your investment… (Hopkins & Carley

    Apparently, we weren’t the only ones who thought it would be cool to own the .WTF domain name… (Mintz Levin

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    We’re buzzing on Twitter: @JDSupraBuzz»

  3. Mayo v. Prometheus: SCOTUS Issues Landmark IP Law Opinion

    [UPDATE: See below for complete reading list of analysis and commentary, growing as the work comes in.]

    Yesterday the United States Supreme Court issued its unanimous decision in Mayo Collaborative Services v Prometheus Laboratories, a significant intellectual property case that, according to law firm Patton Boggs LLP:

    "…has widespread impact on the pharmaceutical and biotechnology industries, which have obtained thousands of U.S. patents on diagnostic tests used to determine diseases and disorders, and potential treatments and treatment dosages."

    What’s at the heart of Mayo v Prometheus? Again from Patton Boggs:

    "The Supreme Court held that drug metabolism is an entirely natural process and therefore the correlation between the metabolites in a patient and the thiopurine dosage was an unpatentable law of nature. Justice Breyer wrote the decision, stating ‘the relation is a consequence of the ways in which thiopurine compounds are metabolized by the body—entirely natural processes. And so a patent that simply describes that relation sets forth a natural law.’ Under U.S. patent law, natural laws are not patentable by themselves, but they may be ‘transformed’ into a patentable process in certain circumstances."

    [To read the entire update, see: In A Decision With Potential Widespread Impact, The Supreme Court Holds That Methods Of Personalized Pharmaceutical Dosing Are Not Patentable]

    U.S. patent attorney Gene Quinn, writing on IPWatchdog, called Justice Breyer’s “the most intellectually dishonest decision I have ever read, which is saying a lot given the utter contemptuous understanding of patent law displayed by the Supreme Court over the years.” [Killing Industry: The Supreme Court Blows Mayo v. Prometheus]

    Yesterday, intellectual property firm McDonnell Boehnen Hulbert & Berghoff LLP issued the following on early reaction to the decision:

    "Dr. Robert Wah, Board Chair for the American Medical Association (AMA), … welcomed the Supreme Court’s decision invalidating Prometheus’ patents. Asserting that the Court had ‘prevented irreparable harm to patient care with today’s unanimous decision to invalidate two patents that gave Prometheus Laboratories exclusive rights over the body’s natural responses to illness and medical treatment,’ the AMA declared that the decision was "a clear legal victory that ensures critical scientific data remain widely available for sound patient care and innovative medical research.’"

    [For entire alert, see: Early Reaction to Supreme Court Decision in Mayo v. Prometheus]

    Also from MBHB:

    "The general message conveyed by the Court seems to be two-fold.  First, if ‘the steps in claimed processes (apart from the natural laws themselves) involve well-understood, routine, conventional activity previously engaged in by researchers in the field,’ such claims likely encompass non-patentable subject matter.  And second, the Court demonstrated general concern that ‘upholding the patents would risk disproportionately tying up the use of the underlying natural laws, inhibiting their use in the making of further discoveries.’ How this message affects the thousands of existing patents in the field of personal medicine remains to be seen.  However, going forward, patent practitioners would be wise to revisit this ruling when drafting claims to medical diagnostic methods." [Mayo Collaborative Services v. Prometheus Laboratories, Inc. (2012)]

    Law firm Fenwick & West LLP tells us that the implications of this decision extend well beyond the life sciences field(s):

    "For other industries as well, this decision has a clear impact. For instance, the question about whether patent-eligibility is merely a ‘coarse filter’ that should be avoided when possible is now settled—the patent eligibility analysis must be undertaken. The Court’s approach of dissecting method claims to determine which portions state laws of nature and which portions recite conventional steps is in sharp contrast with how the USPTO and courts have been analyzing claims in recent years. If such holding is extended to include the other branches of the ‘implicit exception’ to patentability that the Court references (i.e., natural phenomena and abstract ideas), then a very wide swath of science and technology areas are implicated…" [Supreme Court Issues Groundbreaking Decision Limiting the Types of Methods that are Eligible for Patenting]

    Fascinating case. We’ll be posting additional commentary and analysis as it comes in. In meantime, early updates:

    Follow additional Intellectual Property Law updates on JD Supra»