Explore the ever-evolving world of cancer care in our insightful content series, Labcorp Perspectives as we delve into the latest advancements in oncology diagnostics and their impact on patient outcomes. Each episode brings together leading oncology experts to discuss: • Groundbreaking research: Uncovering the cutting-edge science shaping the future of cancer treatment • Practical applications: Learning how precision medicine translates from lab to the clinic • Real-world challenges: Explor ...
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Labcorp Podcasts
An AI-generated, human-curated podcast for brief discussions of US court decisions on Intellectual Property topics.
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Serving as an ERISA fiduciary is not just an honor and a privilege; it is a profound responsibility intertwined with the essential qualities of stewardship, governance, and leadership. Eric Dyson, the Executive Director of 90 North Consulting, dedicates each week to engaging with individuals who are deeply committed to achieving excellence beyond the traditional fiduciary role. If you are a member of a retirement plan committee, a plan fiduciary, or an ERISA advisor genuinely dedicated to en ...
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FF5 #73 - McDonald v Labcorp Decision Part 1
6:17
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6:17In this episode of Friday Fiduciary Five, Eric Dyson talks about the LabCorp case, focusing on record-keeping fees. Plaintiffs argued fees should be $20-$25 per person per year, while the plan completed RFIs in 2017, 2019, and benchmarked in 2021 and 2022. The court found the process met the standard of care, though some argue a competitive bid pro…
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Labcorp v. Qiagen (Fed. Cir., August 13, 2025) 2023-2350
13:11
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13:11This opinion concerns an appeal from the United States Court of Appeals for the Federal Circuit concerning a patent infringement case. The plaintiffs-appellees, including Laboratory Corporation of America Holdings, successfully sued defendants-appellants Qiagen Sciences, LLC, for infringing their U.S. Patent 10,017,810 and U.S. Patent 10,450,597, w…
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Why Comprehensive Testing Matters—Ken Schlosser’s Lung Cancer Story
23:16
23:16
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23:16A Real Story of Hope, Testing, and Targeted Care. In this episode of Labcorp Perspectives: Oncology, host Dr. Rebecca Previs speaks with Ken Schlosser about how biomarker testing informed his care plan after a stage IV lung cancer diagnosis in 2019. Ken shares how a routine trip to the ER led to the discovery of an ALK+ alteration, and how comprehe…
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Jenny Kiesewetter: Fiduciary Duty in Selecting Health Plan Providers
31:54
31:54
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31:54Jenny Kiesewetter has more than 24 years of experience advising businesses in ERISA, employee benefits, compensation, fiduciary responsibility, and compliance matters. As a member of the firm’s Employee Benefits and Tax Practice in Nashville, she advises clients on all aspects of employee benefits and executive compensation, including qualified and…
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FF5 #72 - Alternative Investments Executive Order
11:39
11:39
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11:39In this episode of Friday Fiduciary Five, Eric Dyson talks about the August 2025 Executive Order by President Trump on alternative investments in 401(k) plans. He references his article in 401(k) Specialist Magazine, Private Equity in 401(k) Plans: Policy Shift or Practical Reality? and the 90 North newsletter - Private Equity in 401(k) Plans: What…
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Tom Kmak is the co-founder and Chief Executive Officer of Fiduciary Decisions (FDI, formerly Fiduciary Benchmarks). During his 16 years with the firm, FDI has become the industry’s leading firm for benchmarking retirement plans using a patented approach that recognizes the mathematical truth that “Fees Without Value is a Meaningless Comparison.” To…
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PowerBlock v. iFit (Fed. Cir., August 11, 2025) 2024-1177
12:36
12:36
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12:36This is an opinion from the United States Court of Appeals for the Federal Circuit regarding the case of PowerBlock Holdings, Inc. v. iFit, Inc. The core issue revolves around the patent eligibility of PowerBlock's U.S. Patent No. 7,578,771, which pertains to selectorized dumbbells with automated weight adjustment. The Court of Appeals reversed the…
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Mondis Technology v. LG Electronics (Fed. Cir., August 8, 2025) 2023-2117
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10:00This is an opinion from the United States Court of Appeals for the Federal Circuit, specifically addressing a patent infringement case between Mondis Technology Ltd. (and related entities) and LG Electronics Inc. (and related entities). The core of the appeal revolves around U.S. Patent No. 7,475,180, titled “Display Unit with Communication Control…
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FF5 #71 The Devil is in the Details - Part 2
8:34
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8:34In this episode of Friday Fiduciary Five, Eric Dyson discusses intricate details of retirement plan record-keeping fee structures, emphasizing the importance of understanding those details. He references a case where a plan with several hundred million dollars and thousands of participants decided to eliminate revenue sharing and conduct an advisor…
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FMC v. Sharda USA (Fed. Cir., August 1, 2025) 2024-2335
13:51
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13:51This opinion concerns an appeal before the United States Court of Appeals for the Federal Circuit, concerning a patent infringement lawsuit between FMC Corporation and Sharda USA, LLC. Sharda USA is appealing a preliminary injunction that prevented it from selling its insecticide, arguing the lower court's interpretation of "composition" in FMC's p…
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Nevin Adams: Default Income Solutions - Yea or Nay?
31:59
31:59
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31:59Now “retired” (whatever that means), Nevin is the former Chief Content Officer and Head of Retirement Research for the American Retirement Association. One of the retirement industry’s most prolific writers, these days he’s “retired”, which means he writes less, but continues to keep his eye on developments in, and threats to, the nation’s private …
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FF5 #70 - The Devil is in the Details - Part 1
7:22
7:22
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7:22In this episode of Friday Fiduciary Five, Eric Dyson discusses the importance of details in fiduciary work, referencing Admiral Hyman Rickover's saying, "The devil's in the details, but so is salvation." He explains his process of conducting advisor searches for plan sponsors, emphasizing the need to understand pricing models, particularly asset-ba…
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Mike DiCenso is a seasoned professional in the retirement industry, carrying over three decades of rich experience. His expertise spans a broad range of competencies: Crafting visionary strategies and direction, marked by critical thinking and market leadership Proficient in practice management and mastering business metrics Demonstrated organizati…
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Jiaxing Super Lighting v. CH Lighting (Fed. Cir., July 28, 2025) 2023-1715
16:18
16:18
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16:18This decision from the United States Court of Appeals for the Federal Circuit concerns an appeal concerning a patent infringement lawsuit between Jiaxing Super Lighting Electric Appliance Co., Ltd. (Super Lighting) and CH Lighting Technology Co., Ltd. (CH Lighting). The case revolves around three LED lighting patents, specifically U.S. Patent Nos. …
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Sunkist Growers v. Intrastate Distributors (Fed. Cir., July 23, 2025) 2024-1212
10:38
10:38
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10:38This opinion concerns an appeal before the United States Court of Appeals for the Federal Circuit, focusing on a trademark dispute between Sunkist Growers, Inc. and Intrastate Distributors, Inc. (IDI). Sunkist appealed a Trademark Trial and Appeal Board (Board) decision that dismissed its opposition to IDI's applications to register the KIST mark f…
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IGT v. Zynga (Fed. Cir., July 22, 2025) 2023-2262
15:38
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15:38This decision from the United States Court of Appeals for the Federal Circuit concerns an appeal between IGT and Zynga Inc. stemming from a patent dispute. The core of the conflict revolves around IGT's patent, "Secured Virtual Network in a Gaming Environment," which Zynga challenged for obviousness in an inter partes review (IPR). The court evalua…
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Colibri Heart Valve v. Medtronic Corevalve (Fed. Cir., July 18, 2025) 2023-2153
14:45
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14:45This Federal Circuit opinion addresses an appeal regarding a patent infringement lawsuit between Colibri Heart Valve LLC and Medtronic CoreValve, LLC. The core of the dispute revolves around U.S. Patent No. 8,900,294, owned by Colibri, which describes a method for implanting artificial heart valves with a "do-over" or recapture mechanism. Colibri a…
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Top Brand v. Cozy Comfort (Fed. Cir., July 17, 2025) 2024-2191
13:48
13:48
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13:48This Federal Circuit opinion concerns an appeal of a patent and trademark infringement case between Top Brand LLC and Cozy Comfort Company LLC. Cozy Comfort had previously won a jury verdict claiming that Top Brand infringed on its design patent for an oversized hooded sweatshirt and its trademarks for "THE COMFY" wearable blankets. The appellate c…
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Shockwave Medical vs. Cardiovascular Systems (Fed. Cir., July 14, 2025) 2023-1864
13:12
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13:12This opinion from the United States Court of Appeals for the Federal Circuit, dated July 14, 2025, concerns a patent dispute between Shockwave Medical, Inc. and Cardiovascular Systems, Inc. The case involves an inter partes review (IPR) of U.S. Patent No. 8,956,371, which covers a shockwave balloon catheter system for treating atherosclerosis. The …
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In this episode of the Friday Fiduciary Five, Eric Dyson discusses the current “Hot Topics” for ERISA plans. Leading the list is the Cunningham v. Cornell decision, which shifts the burden of proving exemptions in prohibited transactions to fiduciaries. Fee and forfeiture litigation remains active, with dozens of new cases this year. Health plan fi…
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Mike Dullaghan - The Voice of the American Workplace
43:02
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43:02Mike Dullaghan is Director of Retirement Sales Execution for Franklin Templeton. He is responsible for providing thought leadership, promoting new content, and delivering the tools and resources that help enable the Retirement team to effectively market Franklin Templeton products. Mr. Dullaghan is a regular contributor to Kiplinger’s “Building Wea…
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Egenera v. Cisco (Fed. Cir., July 7, 2025) 2023-1428
17:30
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17:30This decision concerns an appeal by Egenera, Inc. against Cisco Systems, Inc. before the United States Court of Appeals for the Federal Circuit. Egenera, the plaintiff-appellant, alleged that Cisco's Unified Computing System (UCS) infringed upon claims of its U.S. Patent No. 7,231,430. The appeal addresses the lower court's grant of summary judgmen…
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Precision oncology is evolving fast, and staying ahead means rethinking how we test, monitor, and treat cancer. In this episode of Labcorp Perspectives: Oncology, host Dr. Rebecca Previs sits down with Dr. Michelle Green, senior manager of oncology genomics, to talk about the major highlights from the ASCO Annual Meeting. They explore Labcorp’s HER…
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FF5 #68 - The DOL Weighs in on Forfeiture Litigation
12:46
12:46
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12:46In this episode of Friday Fiduciary Five, Eric Dyson discusses the Department of Labor’s (DOL) position in the forfeiture-related case Hutchins vs. Hewlett Packard, Inc. The DOL submitted an amicus brief supporting the court’s dismissal of the plaintiffs’ complaint, agreeing that Hewlett Packard acted within the discretion granted by its plan docum…
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In this episode of Friday Fiduciary Five, Eric Dyson talks about trends in advisor RFPs, emphasizing the importance of likability, participant engagement, and support for HR teams. He highlights that committees still prioritize fiduciary consulting and support. However, this has become table stakes. The difference that many plan sponsors and commit…
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Eye Therapies v. Slayback Pharma (Fed. Cir., June 30, 2025) 2023-2173
11:33
11:33
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11:33This episode concerns an appeal before the United States Court of Appeals for the Federal Circuit, focusing on a patent dispute between Eye Therapies, LLC, and Slayback Pharma, LLC. The core of the appeal revolves around the interpretation of a patent claim for a method of reducing eye redness using brimonidine, specifically the phrase "consisting …
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Jamie Greenleaf: Healthcare Fiduciary Duties
29:10
29:10
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29:10Jamie Greenleaf is the Co-Founder of Fiduciary In A Box (FIAB) and a recognized expert in fiduciary governance. With a career dedicated to helping employers design and implement fiduciarily sound retirement programs, she has consistently focused on driving better financial outcomes for employees. In response to the Consolidated Appropriations Act (…
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OPTIS v. Apple (Fed. Cir., June 16, 2025) 2022-1904
11:53
11:53
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11:53This opinion concerns an appeal in the case of Optis Cellular Technology, LLC v. Apple Inc., heard by the United States Court of Appeals for the Federal Circuit. The core of the dispute involves Optis's claims that Apple infringed on five of its standard-essential patents (SEPs) related to LTE technology, used in iPhones, iPads, and Watches. The co…
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Ancora v. Roku (Fed. Cir., June 16, 2025) 2023-1674
16:40
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16:40This opinion from the United States Court of Appeals for the Federal Circuit details an appeal involving Ancora Technologies, Inc. against Roku, Inc., VIZIO, Inc., and Nintendo Co., Ltd. The core of the dispute revolves around the patentability of Ancora's U.S. Patent No. 6,411,941, which concerns software for restricting unauthorized use of licens…
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Agilent v Synthego (Fed. Cir., June 11, 2025) 2023-2186
18:50
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18:50This Federal Circuit opinion concerns an appeal from Agilent Technologies, Inc. against Synthego Corp., concerning the patentability of gene-editing technology related to CRISPR-Cas systems. Agilent appealed decisions by the Patent Trial and Appeal Board, which found all claims of Agilent's U.S. Patent Nos. 10,337,001 and 10,900,034 unpatentable du…
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USAA v. PNC Bank (Fed. Cir., June 12, 2025) 2023-1639
11:37
11:37
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11:37This is a Federal Circuit opinion regarding a patent dispute between United Services Automobile Association (USAA) and PNC Bank N.A., heard by the United States Court of Appeals for the Federal Circuit. The core of the appeal concerns the patent eligibility of USAA's "Digital Camera Processing System" patent, specifically U.S. Patent No. 10,769,598…
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Fraunhofer-Gesellschaft v. Sirius XM Radio (Fed. Cir., June 9, 2025) 2023-2267
13:11
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13:11This is an opinion from the United States Court of Appeals for the Federal Circuit concerning a patent infringement case between Fraunhofer-Gesellschaft and Sirius XM Radio Inc. The core issue revolves around equitable estoppel, a legal defense where a party is prevented from asserting a claim due to their misleading conduct and another party's det…
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Comparing Cunningham v Cornell to Steen v Sonoco
17:55
17:55
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17:55In this episode of Friday Fiduciary Five, Eric Dyson talks about two recent ERISA cases: Cunningham v. Cornell University and Steen v. Sonoco. In Cunningham, the court ruled that prohibited transactions can move a case forward, emphasizing the importance of 408(b)(2) disclosures and a documented process. In Steen, the court dismissed the case for l…
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FF5 #66 - What Cunningham v Cornell Means for Health Plans
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4:51In this episode of Friday Fiduciary Five, Eric Dyson discusses the implications of the Cunningham v Cornell Supreme Court decision for health plans, emphasizing the need for 408(b)(2) disclosures under the Consolidated Appropriations Act. He explains that health plans subject to ERISA must now disclose fees and services provided by vendors, such as…
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Dolby Laboratories Licensing v. Unified Patents (Fed. Cir., June 5, 2025) 2023-2110
13:39
13:39
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13:39This Federal Circuit opinion relates to an appeal from Dolby Laboratories Licensing Corporation (Dolby) against Unified Patents, LLC (Unified) regarding a patent dispute. The core issue revolves around Dolby's lack of standing to appeal the Patent Trial and Appeal Board's (Board) decision, as determined by the U.S. Court of Appeals for the Federal …
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Alnylam v. Moderna, (Fed. Cir., June 4, 2025) 2023-2357
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15:44This Federal Circuit opinion concerns an appeal by Alnylam Pharmaceuticals, Inc., against Moderna, Inc., regarding a patent infringement lawsuit concerning Moderna’s COVID-19 vaccine, SPIKEVAX®. The core of the dispute revolves around the interpretation of the patent term “branched alkyl” within Alnylam's U.S. Patent Nos. 11,246,933 and 11,382,979,…
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Tumor-Agnostic Therapies and the Future of HER2 in Oncology
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20:35Tumor biology is rewriting the rules of cancer treatment. In this episode of Labcorp Perspectives: Oncology, host Dr. Rebecca Previs talks with Dr. Heidi Ko, Director of Medical Affairs at Labcorp and a breast medical oncologist, about the rapid evolution of tumor-agnostic therapies and HER2-targeted treatment strategies. They unpack what these FDA…
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In this episode of Friday Fiduciary Five, Eric Dyson talks about the frequency of benchmarking retirement plans, focusing on fee benchmarks rather than employer contributions or eligibility periods. Using data from Callan's 2023 and 2025 defined contribution trend surveys, Eric notes that 80% of large plans reviewed fees in 2022 and 75% plan to do …
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Sigray v. Carl Zeiss: Patent Anticipation and Obviousness (Fed. Cir., May 23, 2025) 2023-2211
9:56
9:56
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9:56This is an opinion from the United States Court of Appeals for the Federal Circuit regarding a patent dispute between Sigray, Inc. and Carl Zeiss X-Ray Microscopy, Inc. The case involves U.S. Patent No. 7,400,704, owned by Zeiss, which covers X-ray imaging systems with projection magnification. Sigray challenged the patent's validity through an int…
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FF5 #64 - DOL Updates Guidance on Cryptocurrency in ERISA Plans
6:37
6:37
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6:37In this episode of Friday Fiduciary Five, Eric Dyson talks about the Department of Labor's (DOL) Compliance Assistance Release 2025-01, effective May 28, 2025, which rescinds previous DOL and EBSA guidance on cryptocurrency in 401(k) plans. The DOL clarifies that the "extreme care" standard mentioned in the 2022 release does not exist in ERISA; ins…
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Rebecca Curtin v. United Trademark Holdings (Fed. Cir., May 22, 2025) 2023-2140
7:37
7:37
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7:37This is an opinion from the Federal Circuit addressing whether a consumer, Rebecca Curtin, had the legal right, or statutory standing, to oppose a trademark registration for "RAPUNZEL" covering dolls and toy figures. The case explores the requirements for bringing an opposition under 15 U.S.C. § 1063 of the Lanham Act, particularly focusing on whet…
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FF5 #63 - We Remember - We Will Never Forget
6:20
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6:20In this episode of Friday Fiduciary Five, Eric Dyson talks about the true meaning of Memorial Day; to honor those who died serving the country, rather than celebrating personal freedoms or retail sales. Eric encourages listeners to remember and never forget the sacrifices made by service members and their families, particularly the Gold Star famili…
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In re Foster (Fed. Cir., May 7, 2025) 2023-1527
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7:45
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7:45This podcast is for entertainment purposes only and does not create an attorney-client relationship. The AI-generated hosts are not attorneys and are not providing legal advice. The choice of a lawyer is an important decision and should not be based solely upon advertisements.By Randy Noranbrock
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Regents of the University of California v. Broad Institute (Fed. Cir., May 12, 2025) 2022-1594
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10:08
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10:08This is an opinion from the United States Court of Appeals for the Federal Circuit regarding a patent interference proceeding between The Regents of the University of California and The Broad Institute. The core dispute involves priority of invention for a CRISPR-Cas9 system using single-guide RNA for editing DNA in eukaryotic cells. The court revi…
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Why Genetic Testing Should Be Standard in Prostate Cancer
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19:00Genetic testing is no longer optional — it’s essential. Welcome to the first episode of Labcorp Perspectives: Oncology, where host Dr. Rebecca Previs sits down with Sarah Young, a genetic counselor and Clinical Program Manager for Oncology at Labcorp, to talk about the growing importance of genetic testing in prostate cancer care. Sarah shares insi…
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FF5 #62 - Forfeiture Lawsuits - Read Your Plan Document PLEASE!
9:46
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9:46In this episode of Friday Fiduciary Five, Eric Dyson talks about the recent surge of forfeiture lawsuits and urges plan fiduciaries, advisors, and committee members to scrutinize their fiduciary processes rigorously. Referencing previous episodes on the topic, Dyson summarizes lawsuits filed by the Schlichter Bogard law firm, which allege that plan…
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For over 20 years, Shannon and her team at TriStar Pension Consulting have acted as a secret weapon for financial advisors, CPAs, small businesses, and plan sponsors. They are the go-to resource for plan design, fixing broken retirement plans, client presentation support, and high-touch customer service. Since starting the firm over two decades ago…
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Ingenico v. IOENGINE (Fed. Cir., May 7, 2025) 2023-1367
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11:40This is a decision on an appeal before the United States Court of Appeals for the Federal Circuit in the case of Ingenico Inc. v. IOENGINE, LLC. The core issue is IOENGINE's appeal of a jury verdict and subsequent court decisions which found certain patent claims invalid due to prior art, specifically a device known as the DiskOnKey System, includi…
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FF5 #61 - The CAA Meets Cunningham v Cornell
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7:13In this episode of Friday Fiduciary Five, Eric Dyson talks about the Cunningham vs. Cornell Supreme Court decision and its implications for ERISA plans and the potential implications for Health Plans based on the Consolidated Appropriations Act (“CAA”). He emphasizes that the decision does not change how fiduciaries should operate but highlights gu…
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Gina Alsdorf: Under the Hood of Pharmacy Benefit Managers (PBMs)
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30:05Gina Alsdorf has more than 15 years of experience in employee benefits, working on complex issues involving ERISA, employee benefit plans, and related laws. Her past clients include trustees, plan committees, plan sponsors, consultants, registered investment advisors, broker-dealers, banks, insurance companies, third-party administrators, and recor…
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