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”In a bid to give some teeth to the materiality standard, the Court called the FCA’s materiality standard “rigorous” and “demanding” and reiterated that the FCA is not to be used as “an all-purpose antifraud statute. [read post]
20 Jun 2016, 8:12 am by Dennis Crouch
Because an examiner’s (or reexaminer’s) use of the broadest reasonable construction standard increases the possibility that the examiner will find the claim too broad (and deny it), use of that standard encourages the applicant to draft narrowly. [read post]
17 Jun 2016, 9:21 am by Jonathan Tycko
Yesterday, the Supreme Court issued its long-awaited decision in Universal Health Services, Inc. v. [read post]
15 Jun 2016, 5:57 am by John Jascob
The SEC, in turn, argued that its interpretation was consistent with its JOBS Act mandate and thus satisfied the statutory construction standards enunciated by the Supreme Court in Chevron, U.S.A., Inc. v. [read post]
13 Jun 2016, 8:04 am by Rebecca Tushnet
  But truth is precisely what we worry about the gov’t testing in the political sphere! [read post]
12 Jun 2016, 2:43 pm by Florian Mueller
I use two languages, sometimes in the same message, and always have to switch between keyboards in order to get the right dictionary. [read post]
9 Jun 2016, 12:13 pm by Rebecca Tushnet
This is a significant challenge b/c the issue is precisely what market you should be allowed to compete in. [read post]
7 Jun 2016, 7:47 pm
More pointedly, such transposition might permit an easier disciplining of emerging regimes within the premises of the old.7 It is in this context that it is useful to speak to the issue of “regime collisions. [read post]
25 May 2016, 12:44 pm by Benjamin Wittes
The standards for doing so, criminal predication, are not high. [read post]
23 May 2016, 6:27 am by David Markus
Donald Trump may want to do away with Roe v. [read post]
23 May 2016, 3:22 am by Peter Mahler
This is precisely where the critical distinction in the applicable standard of value came into play. [read post]