Follow Up: White House Issues Order under Defense Production Act as Part of COVID Response
Client Alert | 1 min read | 03.23.20
In our March 19 alert, C&M summarized President Trump’s recent executive order invoking the Defense Production Act (DPA). In this follow-up, we provide three separate analyses. First, we provide a discussion of the Defense Production Act, and the implications of the executive order for U.S. businesses and the government in its efforts to reduce the impact of COVID-19. Second, we discuss the current Department of Health and Human Services (HHS) regulations implementing its priorities and allocations authority prior to the executive order. And third, we discuss the manner in which the government most frequently has exercised similar authorities under the DPA pursuant to the Defense Prioritization and Allocation System (DPAS).
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Client Alert | 2 min read | 05.27.25
Federal Circuit Resolves Circuit Split on Scope of IPR Estoppel
As part of the 2012 America Invents Act, statutory estoppel was included to balance the interests of patent owners and patent challengers following an inter partes review (“IPR”). Estoppel prevents an IPR petitioner from later asserting in court that a claim “is invalid on any ground that the petitioner raised or reasonably could have raised” during the IPR. 35 U.S.C. § 315(e)(2). As applied, estoppel prevents petitioners from later relying in district court or in ITC proceedings on most patents or printed publications – the limited bases upon which petitioner can rely in an IPR. But a question remained, and contradictory district court decisions arose, as to whether petitioners would be estopped from relying on a prior art commercial product (known as “device art,” which could not itself have been raised in the IPR) even if a printed publication describing the product (i.e. a patent or technical manual) was available and presumably could have been raised.
Client Alert | 6 min read | 05.27.25
U.S. Departments of State and Treasury Issue Immediate Sanctions Relief for Syria
Client Alert | 3 min read | 05.23.25
Executive Order Seeks Most-Favored-Nation Drug Pricing and HHS Announces Price Targets
Client Alert | 4 min read | 05.22.25
Opportunities for Procurement on the Horizon as UK Concludes Free Trade Agreement With India
