Nearly Over 30 Years Of Representing Businesses And Their Owners
By: Lee N. Smith To download the PDF click here On September 25 we attended the Prop 65 Clearinghouse Annual Conference. Most of the conference concerned how to comply with the new labeling regulations which are effective as of August 2018. SUMMARY A. In summary, there is new safe harbor language, a new website for consumers,and language which attempts to…
Michelle Lee, the director of the United States Patent and Trademark Office resigned on June 6, 2017, apparently effective the same day. Michelle Lee was a favorite of large technology companies, many of which lobbied to keep her in place during a Trump administration. By contrast, many inventors and biotechnology companies were unhappy with how she implemented the post-grant review…
The State announced that starting July 7 the Roundup’s main ingredient, glyphosate, will be listed on Prop 65. A year later, warning labels could be required on the product. Monsanto, the chemical’s maker, has however filed an appeal after losing in court to block the labeling, arguing that Roundup does not the requirements under Prop 65 as a carcinogen. …
To download the PDF Click here The legislature is considering a bill (AB 1583) that would revise the rules governing certificates of merit. Currently anyone alleging a violation of Prop. 65 must complete a certificate of merit showing they have consulted with an appropriate expert who agrees that there is a reasonable and meritorious basis for the action. The party…
The Office of Environmental Health Hazard Assessment (OEHHA) has proposed two changes in its regulations regarding the contents of the Notices of Violation. The first change is being made to section 25903(b)(2)(E), concerning occupational exposures. Such notices are to contain specific language required by the Occupational Health and Safety Regulations in Title 8, Section 338(b) of the California Code of…
Hearing on “Naturally Occurring” Lead Levels in Candy Containing Chili and Tamarind The Office of Environmental Health Hazard Assessment (OEHHA) is holding a public hearing in response to a petition from the Center for Environmental Health requesting that OEHHA “commence the regulatory process to issue regulations pursuant to Health & Safety Code §110552 setting a ‘naturally occurring’ lead level in candy…
Download the PDF here This morning, the Supreme Court agreed to hear Oil States Energy Services v. Greene’s Energy Group. The question presented* by that case is: 1. Whether inter partes review—an adversarial process used by the Patent and Trademark Office (PTO) to analyze the validity of existing patents— violates the Constitution by extinguishing private property rights through a non-Article…
Click here to download the PDF In an opinion handed down on May 30, 2017 in a case titled Impression Products, Inc. v. Lexmark International, Inc., the Supreme Court overruled previous lower court decisions relating to “exhaustion” of patent rights. The impact of this ruling on big companies will be minimal over the long term; the impact on small companies…
Two nonprofit groups in April, 2017 alleged that Monsanto intentionally mislabeled its weed killer Round Up as “target[ing] an enzyme found in plants but not in people or pets.” The lawsuit charges that Monsanto’s statement is “false, deceptive and misleading” because the enzyme targeted by glyphosate “in fact, is found in people and pets.” Beyond Pesticides and the Organic Consumers…
By: Jennifer T. Poochigian In an 8-0 decision, SCOTUS ruled that the term “resides” in the patent venue statute, 28 U.S.C. § 1400 subd. (b), shall refer only to the State of incorporation (as applied to domestic corporations). In TC Heartland LLC v. Kraft Foods Group Brands, LLC, the respondent filed a patent infringement suit in the District Court for…