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Federal Circuit: Affirms Preliminary Injunction on Cancer Assays
On July 12, 2024, a Federal Circuit panel of Chief Judge Moore and Judges Taranto and Chen issued a unanimous opinion, authored by Chief Judge Moore, in Natera, Inc. v. NeoGenomics Labs, Inc., Case Nos. 2024-1324; 2024-1409. The panel affirmed the United States District Court for the Middle District of North Carolina's grant of a preliminary injunction barring NeoGenomics from making, using, selling, advertising or distributing its RaDaR assay. Slip Op. at 2.
Natera, Inc. is a "research-focused healthcare compan[y] operating in the oncology testing industry" that "manufacture[s] products used for early detection of cancer relapse." Id. Natera asserted two patents (U.S. Patent No. 11,519,035 (the '035 Patent) and U.S. Patent No. 11,530,454 (the '454 Patent)) related to methods of amplifying and detecting cell-free DNA and circulating tumor DNA against NeoGenomics Laboratories, Inc. (NeoGenomics) Id. at 2-3. While "Natera uses the methods claimed in the '035 and '454 patents in its Signatera product," "NeoGenomics offers a competing product under the brand name RaDaR." Id. at 3. Both Signatera and RaDaR are used to "identify ctDNA within the bloodstream to assess the efficacy of cancer treatment and the risk of cancer recurrence." Id.
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Beach Boys Songs Written Decades Ago Triggered Current Quarrel With Lawyers
There's current litigation in the ongoing Beach Boys litigation saga. A lawsuit filed in 2019 against Nevada residents Mike Love and his wife Jacquelyne in the U.S. District Court for the District of Nevada that alleges inaccurate payment by the Loves under the retainer agreement and seeks $84.5 million in damages.
The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
Transfer Tax Implications on Real Property Leases
The real property transfer tax does not apply to all leases, and understanding the tax rules of the applicable jurisdiction can allow parties to plan ahead to avoid unnecessary tax liability.