BizTech Law Blog
The America Invents Act recently passed the US House of Representatives by a vote of 304-117. A similar bill was approved 95-5 in the Senate in March. President Obama has pledged that he would sign a patent reform bill once it reaches his desk. Therefore, it appears that it is only a matter of time before it is sent to the President to be signed into law.
On June 1, 2011, the Centers for Medicare & Medicaid Services ("CMS") issued a proposed rule that would allow certain physicians to avoid having to use electronic prescribing ("eRx") by the required June 30, 2011 date.
Currently, CMS requires that providers complete at least 10 drug orders using an eRx system between January 1 and June 30, 2011 in order to avoid a one percent decrease in Medicare payments in 2012. Prior to the June 1, 2011 proposed rule, only rural providers with limited internet access or providers in an area with limited pharmacies for eRx could claim a hardship waiver to avoid the penalties for failing to make the 10 eRx orders.
The Internet Corporation for Assigned Names and Numbers (ICANN), the body responsible for managing top-level domain name spaces (e.g., .com, .org, .edu and .gov), recently approved .xxx as a new top-level domain name space. .xxx top-level domain names are intended for adult content. However, the .xxx top-level domain could result in an unwanted affiliation between your brand and the adult entertainment industry or create an opportunity for brandjackers and cybersquatters to register “YourCompany.xxx” in order to trade off your company’s brand or extract payments.
The Office of the National Coordinator for Health Information Technology ("ONC") announced that the first electronic health record ("EHR") incentive payments were going to be made in mid-May to providers who had successfully attested to having met "meaningful use" and all of the other program requirements. The maximum payment that a Medicare provider in the EHR program can receive in 2011 for his or her first year of participation is $18,000. Incentive payments for eligible hospitals begin at $2 million.
In West Virginia v. Dellinger, the West Virginia Supreme Court held that a juror's failure to disclose her MySpace "friendship" with the criminal defendant violated the defendant's constitutional right to a fair and impartial jury. In Dellinger, the defendant, a sheriff, was convicted of multiple felonies relating to the fraudulent administration of a grant program. The juror in question was a MySpace "friend" of the defendant and posted a message on the defendant's MySpace page one week before trial. During voir dire, the juror was asked whether she had any social relationship with the defendant. However, the juror did not acknowledge her MySpace "friendship," and the defendant did not realize that the juror and his MySpace "friend" were one in the same until after the trial.
