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HTMLCourt Finds Patent Indefiniteness In Unobtrusive Claims
Courtenay C. Brinckerhoff; Foley & Lardner LLP;
Legal Alert/Article
September 17, 2014, previously published on September 15, 2014
In Interval Licensing LLC v. AOL, Inc., the Federal Circuit applied the test for patent indefiniteness set forth in the recent Supreme Court decision in Nautilus, Inc. v. Biosig Instruments, and found that claims reciting an “unobtrusive” display were invalid. In so doing, the Federal...

 

HTMLCustomer Collaboration and Predictive Analytics Can Lead to Successful Product Manufacturing
Pavan K. Agarwal, James R. Kalyvas, Andrew E. Rawlins; Foley & Lardner LLP;
Legal Alert/Article
September 12, 2014, previously published on September 10, 2014
Advanced manufacturing companies increasingly implement “Intellectual Property Plus,” an expanded view of IP assets and risks. Through this lens, companies incorporate customer expectations and preferences in new product development, on the one hand, and navigate the potential...

 

HTMLAustralia Upholds Patent Eligibility of Isolated DNA
Courtenay C. Brinckerhoff; Foley & Lardner LLP;
Legal Alert/Article
September 12, 2014, previously published on September 8, 2014
The Full Federal Court of Australia affirmed that isolated nucleic acids, i.e. whether it be DNA or RNA, are patentable subject matter in Australia. While an appeal to the High Court of Australia may be possible, absent an appeal, isolated nucleic acids will remain patentable subject matter, unless...

 

HTMLFederal Circuit Finds Apotex ANDAs Do Not Infringe Lysteda Patents
Courtenay C. Brinckerhoff; Foley & Lardner LLP;
Legal Alert/Article
September 4, 2014, previously published on September 2, 2014
In two decisions issued under the same name (Ferring B.V. v. Watson Laboratories, Inc.), the Federal Circuit upheld the validity of the Orange Book-listed patents for Lysteda®, but found that they were not infringed by either Apotex’s or Watson’s Abbreviated New Drug Applications...

 

HTML4 Simple Tips for Better Supply Agreements
Nicholas K. Austin; Foley & Lardner LLP;
Legal Alert/Article
September 4, 2014, previously published on September 3, 2014
Supply agreements serve as the lifeblood of many manufacturing companies. These agreements outline the terms and conditions controlling the supply of goods and services between various parties. Without this framework, many businesses could not meet the pressing demands of the modern-day marketplace.

 

HTMLHumira Patent Invalid for Obviousness Type Double Patenting
Courtenay C. Brinckerhoff; Foley & Lardner LLP;
Legal Alert/Article
September 2, 2014, previously published on August 25, 2014
In AbbVie Inc. v. Kennedy Institute of Rheumatology Trust, the Federal Circuit affirmed the district court's finding that a second patent covering AbbVie's Humira product is invalid under the doctrine of obviousness-type double patenting. The decision reaffirms the court's stance in Gilead that the...

 

HTMLTrade Secrets - Protecting the (Corporate) Family Jewels
Paul R. Monsees; Foley & Lardner LLP;
Legal Alert/Article
September 1, 2014, previously published on August 27, 2014
Disputes regarding trade secrets and corporate espionage are becoming perpetual fixtures in the news. One of the most common scenarios is that a key employee departs to join a competitor and his or her former employer quickly learns that, just before departing, the former employee copied critical...

 

HTMLFederal Circuit Upholds Validity of Lysteda Patents
Courtenay C. Brinckerhoff; Foley & Lardner LLP;
Legal Alert/Article
August 29, 2014, previously published on August 28, 2014
In two decisions issued under the same name (Ferring B.V. v. Watson Laboratories, Inc.), the Federal Circuit upheld the validity of the Orange Book-listed patents for Lysteda®, but found that they were not infringed by either Apotex’s or Watson’s Abbreviated New Drug Applications...

 

HTMLLandmark Massachusetts Net-Metering Bill Goes Up in Smoke as Water-Downed Compromise Bill Is Agreed to on Last Day of Legislative Session
John A. Eliason, Kurt R. Rempe; Foley & Lardner LLP;
Legal Alert/Article
August 27, 2014, previously published on August 21, 2014
An eleventh-hour compromise by the Massachusetts House Ways and Means Committee effectively gutted the highly publicized net metering and solar power bill, which, as proposed, was considered by many including the Solar Energy Industries Association (SEIA) to be a boon for solar development in the...

 

HTMLIRS Releases New Guidance on Beginning of Construction
John A. Eliason, Kurt R. Rempe; Foley & Lardner LLP;
Legal Alert/Article
August 27, 2014, previously published on August 22, 2014
The IRS recently released Notice 2014-46 (the Notice) which provides welcome guidance to tax equity investors and developers on the construction of wind, geothermal, biomass, landfill gas and certain hydropower and marine hydrokinetic energy projects for purposes of qualifying for the section 45...

 


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