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HTMLIRS Releases Favorable Private Business Use Rules for Facilities Financed With Tax-Exempt Bonds
Michael G. Bailey, David Y. Bannard, Chauncey W. Lever, Richard F. Riley, Mark T. Schieble; Foley & Lardner LLP;
Legal Alert/Article
November 12, 2014, previously published on October 28, 2014
On October 24, 2014, the IRS released Notice 2014-67, which establishes more favorable safe harbors for types of service contracts and other arrangements using property financed with tax-exempt bonds. The Notice also provides helpful guidance of more limited scope regarding the treatment of...

 

HTMLA Peek at the 60 Minutes GenePeeks Patents
Courtenay C. Brinckerhoff; Foley & Lardner LLP;
Legal Alert/Article
November 12, 2014, previously published on October 29, 2014
On October 26, 2014, 60 Minutes aired a story called “Breeding Out Disease” that included a segment about GenePeeks, a company that uses genetic information from prospective parents to make thousands of “digital babies” and ”calculate the risk of two people conceiving...

 

HTMLFederal Circuit Judges Disagree on Use of Post Filing Date Evidence of Nonobviousness
Courtenay C. Brinckerhoff; Foley & Lardner LLP;
Legal Alert/Article
October 30, 2014, previously published on October 21, 2014
On October 20, 2014, the Federal Circuit issued an order denying the petition for rehearing or rehearing en banc filed in Bristol-Meyers Squibb Co. v. Teva Pharmaceuticals, USA, Inc. While the order itself may not be surprising, with two opinions concurring in the denial and two dissenting, it is...

 

HTMLTrans Pacific Partnership Negotiations Struggling
David T. Ralston; Foley & Lardner LLP;
Legal Alert/Article
October 30, 2014, previously published on October 22, 2014
As election season kicks into high gear, one thing is clear: there will not be any movement on manufacturing legislative policies on Capitol Hill until the “lame duck” session in December, if then. On the campaign trail, manufacturing issues, which are usually framed as economic growth...

 

HTMLFinally Facing First Inventor to File Issues
Courtenay C. Brinckerhoff; Foley & Lardner LLP;
Legal Alert/Article
October 28, 2014, previously published on October 15, 2014
It has been over three years since the Leahy-Smith America Invents Act was signed into law by President Obama, and just over eighteen months since the effective date of the first-inventor-to-file changes to 35 USC § 102. While those changes were a hot topic in March of 2013, it is only over...

 

HTMLSecond Circuit Holds That Dodd-Frank Anti-Retaliation Provisions Do Not Apply Extraterritorially
Bryan B. House, Pamela L. Johnston, Courtney Worcester; Foley & Lardner LLP;
Legal Alert/Article
October 28, 2014, previously published on October 3, 2014
On August 14, 2014, the United States Court of Appeals for the Second Circuit held in Liu v. Siemens AG, No. 13-4385-cv, --F.3d -- (2d Cir. Aug. 14, 2014), that the Dodd-Frank anti-retaliation protection provisions do not apply extraterritorially, but the court did not address whether those...

 

HTMLBig Data and Its Implications for Corporate Decision-Making
Benjamin R. Dryden, Howard W. Fogt, M. Leeann Habte, Chanley T. Howell, James R. Kalyvas; Foley & Lardner LLP;
Legal Alert/Article
October 28, 2014, previously published on October 3, 2014
In 2004, the total amount of data stored on the entire Internet was roughly equivalent to 100 years of all television content. By 2011, the amount of data stored electronically was equivalent to 36 million years of high-def (HD) video, and the numbers continue to increase exponentially. With all of...

 

HTMLSecond Circuit Adopts Broad Pleading Standard for Whistleblower Protection Under Sarbanes-Oxley Act, But Affirms Dismissal of Complaint
Bryan B. House, Pamela L. Johnston, Courtney Worcester; Foley & Lardner LLP;
Legal Alert/Article
October 28, 2014, previously published on October 3, 2014
On August 8, 2014, the United States Court of Appeals for the Second Circuit in Nielsen v. AECOM Technology Corp., No. 13-235-cv, -- F.3d -- (2d Cir. Aug. 8, 2014), joined a growing number of federal appellate courts that have adopted the Department of Labor’s plaintiff-friendly pleading...

 

HTMLFederal Circuit Jurisdiction Over Patent Contract Disputes
Courtenay C. Brinckerhoff; Foley & Lardner LLP;
Legal Alert/Article
October 15, 2014, previously published on October 9, 2014
In a precedential order issued in Jang v. Boston Scientific Corp., the Federal Circuit held that it has jurisdiction over the parties’ patent-related contract dispute under Gunn v. Minton even though the patents at issue have been invalidated. Despite having found Federal Circuit...

 

HTMLFederal Circuit Hears Arguments in Other Myriad Gene Patents Case
Courtenay C. Brinckerhoff; Foley & Lardner LLP;
Legal Alert/Article
October 13, 2014, previously published on October 7, 2014
On October 6, 2014, the Federal Circuit heard oral arguments in a case involving the claims of the Myriad gene patents that were not invalidated by the Supreme Court’s 2013 decision. The Federal Circuit is reviewing the district court’s denial of Myriad’s motion for a preliminary...

 


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