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Author Archives: Deborah Elkins

No Patent Term Extension for Drug Company (access required)

In this Administrative Procedure Act case, the Alexandria U.S. District Court upholds defendant Patent and Trademark Office’s de­nial of a patent term extension for plaintiff pharmaceutical company’s ‘447 patent. In addition to holding the rights to the ‘447 patent, plaintiff ...

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Prosecutor Faces Claim for Deleted Post (access required)

Although a prosecutor restored plaintiff’s deleted comments on a Facebook page main­tained by the Loudoun County Common­wealth’s Attorney Office, the prosecutor still faces a First Amendment claim for injunctive relief related to one deleted comment, an Al­exandria U.S. District Court ...

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Virginia’s Three-Tier Ballot Order Upheld (access required)

The 4th Circuit affirms dismissal of Lib­ertarian political candidate Robert Sarvis’ constitutional challenge to Virginia’s three-tiered ballot ordering law; the three-tiered ballot ordering law imposes little burden on appellant’s constitutional rights and Virginia articulates several important interests sup­porting the law. ...

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Disability Claim Remanded for Functional Analysis (access required)

The 4th Circuit reverses denial of disabil­ity insurance benefits and supplemental security income for a 32-year-old man who suffers from back pain, breathing and mem­ory problems, anxiety, depression and black­outs; the administrative law judge erred by not conducting a function-by-function ...

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