Federal Circuit Holds the PTAB Must Apply Narrower Phillips Claim Construction Standard to Patents that Expire During Pendency of Re-exam
By: Eric Caligiuri
In In re CSB-System Int’l, Inc., No. 15-1832 (Fed. Cir. Aug. 9, 2016), the Court of Appeals for the Federal Circuit recently held that patents that expire during a pending re-examination before the Patent Trial and Appeal Board (“PTAB”) should be examined under the Phillips standard of claim construction, and not the broadest reasonable interpretation (“BRI”) standard. Typically, in District Court litigation claims in issued patents are construed using the framework set forth in Phillips v.
OSHA’s Fact Sheet Providing Guidance to Employers To Protect Workers from Exposure to the Zika Virus
By Beth V. West
OSHA’s Fact Sheet providing guidance for protecting workers from occupational exposure to the Zika virus explains that the Zika virus is primarily spread through the bites of infected mosquitoes and that mosquitoes can become infected when they bite infected persons and then spread the Zika virus to other persons they subsequently bite. According to OSHA, current science-based evidence suggests that approximately one out of five infected people develops symptoms of the Zika virus,
The EEOC’s Final Rules On Employer Wellness Programs
The U.S. Equal Employment Opportunity Commission (“EEOC”) recently issued two final rules confirming that employers can offer limited incentives (in the form of a reward or avoidance of a penalty) to encourage employees and their spouses to participate in workplace wellness programs. Under these new rules, employers who offer wellness programs will be allowed to provide such limited incentives to employees or their spouses to induce them to provide information about their current or past health status.