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Primary Care Providers Win Challenge of CMS Interpretation of Enhanced Payment Law

With the help and support of the Tennessee Medical Association, 21 Tennessee physicians of underserved communities joined together and retained Bass, Berry & Sims to file suit against the Centers for Medicare & Medicaid Services to stop improper collection efforts. Our team, led by David King, was successful in halting efforts to recoup TennCare payments that were used legitimately to expand services in communities that needed them. Read more

Tennessee Medical Association & Bass, Berry & Sims

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Thought Leadership

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Healthcare Transactions: Year in Review 2018Last year, CVS Health Corp. (NYSE: CVS) announced it would purchase health insurer Aetna Inc. (NYSE: AET) for $67.5 billion, a transaction that would be one of the biggest healthcare mergers in the past decade. The transaction raises an intriguing question: is this the beginning of a transformational shift in healthcare?

Recently, members of our healthcare group authored the Healthcare Transactions: Year in Review outlining 2017 M&A activity and drivers in the following hot healthcare sectors:

• Managed Care
• Hospitals
• Post-Acute Care—Home Health & Hospice
• Ambulatory Surgery Centers (ASCs)
• Healthcare Information Technology (HIT)
• Behavioral Health
• Physician Practice Management

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As the landscape of patent procurement and enforcement continues to evolve, the patent team assists clients with a broad spectrum of issues, including the maintenance, litigation and prosecution of patents. Clients benefit from an integrated approach, which leverages the scientific backgrounds of patent prosecutors in areas such as pharmaceuticals, chemistry and biotechnology with an experienced team of litigators. We help clients uphold their rights by counseling on various aspects of enforcement and defense, and guiding them through complex litigation and post-grant proceedings when necessary. 

Patent Prosecution and Counseling

Our team has extensive experience in the strategic, cost-effective management of patent portfolios, including prosecution before the U.S. Patent and Trademark Office (USPTO), including the Patent Trial and Appeal Board (PTAB), and coordination of related international proceedings. We regularly assist clients with the preparation and prosecution of patent applications; counsel them on rendering opinions on patentability, reexamination procedures, and infringement; and evaluate patent portfolios.

Patent Litigation

Our litigators have extensive IP litigation experience in a wide range of scientific and technical fields, representing national and international clients in the federal district courts, U.S. Court of Appeals for the Federal Circuit, U. S. International Trade Commission and in proceedings before the USPTO. Our litigators have extensive experience in the federal courts where IP disputes are most often litigated, including the Eastern District of Texas, the Eastern District of Virginia, the District of Delaware, the Northern District of California, and the District of New Jersey, where we are consistently successful. The team is known for their skills in the courtroom and their ability to develop novel strategies to resolve matters in an efficient and cost-effective method. Our experience in handling both complex and routine cases, coupled with a deep understanding of our clients' businesses, puts us in a unique position to help clients achieve their strategic business objectives.

Proceedings Before the USPTO Patent Trial and Appeal Board (PTAB)

Our attorneys represent both petitioners and patent owners in the evolving landscape of post-grant proceedings introduced by the Leahy-Smith America Invents Act. The team's breadth of experience in patent litigation matters, combined with our patent prosecution experience before the USPTO, enables us to help clients successfully navigate the intricacies of the PTAB's procedural rules, including those related to inter partes review and post-grant review. These proceedings are often completed within one year, making them a faster and more cost-effective alternative to traditional litigation, but they also require a deep understanding of the technical intricacies of the patents in question. We routinely include the new procedures in conjunction with our overall defense strategy. For example, we use IPR proceedings in the USPTO to challenge the validity of the asserted patents and simultaneously achieve a stay of pending federal district court litigation. By utilizing a comprehensive approach to patent law, we provide a solution that is efficient and more cost-effective than conventional litigation.


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