Monthly Archives: September 2012



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Week of September 10, 2012 on ILNToday – A Roundup

This week saw us remembering the first September 11th to occur on a Tuesday since that fateful day 11 years ago. I happened to be in New York on Tuesday, and the weather was as beautiful as it was that morning, making it feel, once again, as if it had happened only yesterday. My thoughts and prayers have certainly been with those who lost loved ones that day, and those whose lives changed forever.

Without further ado, then, here are this week’s top ILNToday posts:

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Rethinking software licensing

This article was first published by Solicitors Journal on 07 August 2012, and is reproduced by kind permission.

The recent Oracle judgment could trigger a radical change of approach to the resale and licensing of computer software, with implications going beyond narrow technology circles.

If you are not intimately acquainted with copyright law and competition law, then it is possible that you may have missed the decision of the European Court of Justice in case C-128/11 UsedSoft v Oracle. The ECJ ruled that, despite the fact that a user had agreed terms which prohibited the transfer of a software licence relating to software that he had downloaded from the internet, Oracle were not entitled to rely on those licence terms to prevent him from selling that software to a third party, so long as he had properly uninstalled that software from his computer first. More…

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Crafar Farms and the Overseas Investment Office – here we again?

It seems that Shanghai Pengxin’s application to buy the Crafar farms may be heading all the way to the Supreme Court.  Two of the trusts within the consortium orginally led by Michael Fay are reported to have recently filed a further challenge with the Supreme Court funded by an undisclosed financial backer.

The Ngati Rereahu trusts lodging the appeal wished to purchase two of of the 16 Crafar farms sold to Shanghai Pengxin.

It is understood that the OIO’s ruling is being challenged on the grounds that the lower Courts erred in finding that Shanghai Pengxin had the necessary business acumen. More…

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Earthquake strengthening and insurance premiums

Further to our earlier comments in relation to earthquake prone buildings the market is now seeing the practical commercial fallout from the increasing focus on earthquake prone buildings.

Reports are filtering through of insurance premiums rising dramatically – in some cases by more than 600% where the buildings are circa the 1900’s.  Most commercial leases pass the cost of insurance premiums through to the tenant as an outgoing meaning the tenant is being asked to meet these increased costs.  This is in turn causing some tenants to look to move premises as and when they can. More…

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The Sunshine Act Also Rises: One More Chance for Medical Device Manufacturers to Prepare

The Physician Payment Sunshine Act, which was incorporated into Section 6002 of the Affordable Care Act, requires pharmaceutical, medical device, biological and medical supply manufacturers to file annual reports on payments to physicians and teaching hospitals. Despite the requirement in the law that manufacturers submit their first report in March 2013 disclosing payments made during 2012, two events have pushed back that obligation or taken the sting out of noncompliance.

First, although Centers for Medicare & Medicaid Services (CMS) was required to publish standards for reporting information and making that information available online to the public, it has yet to publish final regulations. As recently as May 2012, it posted a blog notice on its website announcing that manufacturers will not be required to start collecting data until January 1, 2013. The reason given for the delay was that it simply needed time to sort through the over 300 comments that were received.

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EBG’s Free Wage-Hour App Has Been Updated To Include Massachusetts Law

By Michael Kun

EBG’s free wage-hour app, which allows users to access federal law and the laws of many states, has been updated to include Massachusetts law.

The app can be dowloaded here:

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Ohio Statehouse Update: Week in Review — September 14, 2012

1. Pension bills receive legislative approval

Legislators returned to Columbus this week to vote on bills containing pension reform for Ohio’s five retirement systems. The legislation—jointly sponsored by Senate President Tom Niehaus (R-New Richmond) and Senate Minority Leader Eric H. Kearney (D-Cincinnati)—passed the Ohio House on September 12, prior to receiving Senate concurrence later that day. As expected, the bills received overwhelming bipartisan support in both chambers. 

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Intellectual Property Alert: Changes to the U.S. Patent System

The Leahy-Smith America Invents Act (AIA) was the most significant patent reform to occur over the last few decades, and many significant changes will take effect on September 16, 2012. The following is a summary of the most relevant changes:

  • Inventor’s oath or declaration: All patent applications filed on or after September 16, 2012 require an inventor’s oath or declaration that complies with the new rules. In lieu of filing the inventor’s oath or declaration, company-applicants may be able to file substitute statements.
  • Inter partes reexamination ends: The last day to request an inter partes reexamination under the old system is September 15, 2012. The USPTO will not accept any requests submitted on or after September 16, 2012.
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Royal Oak, Michigan, September 13, 2012:  Howard & Howard Attorneys PLLC is pleased to announce that nine of our attorneys were selected by their peers for inclusion in The Best Lawyers in America® 2013 (Copyright 2012 by Woodward/White, Inc., of Aiken, SC).  Since it was first published in 1983, Best Lawyers has become universally regarded as the definitive guide to legal excellence. Because Best Lawyers is based on an exhaustive peer-review survey in which more than 36,000 leading attorneys cast almost 4.4 million votes on the legal abilities of other lawyers in their practice areas, and because lawyers are not required or allowed to pay a fee to be listed, inclusion in Best Lawyers is considered a singular honor. Corporate Counsel magazine has called Best Lawyers “the most respected referral list of attorneys in practice.” More…

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