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HTMLFederal Circuit Applies "Searching Review" of Stay Pending CBM Proceeding
Courtenay C. Brinckerhoff; Foley & Lardner LLP;
Legal Alert/Article
September 30, 2014, previously published on September
In Benefit Funding Systems, LLC v. Advance America Cash Advance Centers, Inc., the Federal Circuit upheld the district court’s decision to stay patent infringement litigation while the USPTO Patent Trial and Appeal Board (PTAB) conducts a Covered Business Method (CBM) review of the patent at...

 

HTMLChina's Pollution Woes Trigger a New Environment for Manufacturers in China
Richard J. Ferris; Foley & Lardner LLP;
Legal Alert/Article
September 25, 2014, previously published on September 24, 2014
China presents foreign manufacturers with many paradoxes.

 

HTMLUpdate on Mayo Myriad Patent Eligibility From USPTO BCP Partnership Meeting
Courtenay C. Brinckerhoff; Foley & Lardner LLP;
Legal Alert/Article
September 23, 2014, previously published on September 18, 2014
On September 17, 2015, the USPTO held the first “bicoastal” Biotechnology/Chemical/Pharmaceutical Customer Partnership meeting, with live participation from the USPTO’s main campus in Alexandria, VA and from San Jose University in San Jose, CA. The last item on the agenda was a...

 

HTMLChina Issues New Telemedicine Opinions for China and Foreign-Based Providers
Richard J. Ferris, Nathaniel M. Lacktman; Foley & Lardner LLP;
Legal Alert/Article
September 23, 2014, previously published on September 16, 2014
Telemedicine providers and vendors doing business in China, whether based in China, the United States, or elsewhere, received new guidance on the use of telemedicine in China. On August 29, 2014, the National Health and Family Planning Commission of the People’s Republic of China (NHFPC)...

 

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...

 

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...

 

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...

 

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.

 

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...

 

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...

 


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