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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...

 

HTMLFederal Circuit Upholds Inequitable Conduct Post Therasense For Withheld Information
Courtenay C. Brinckerhoff; Foley & Lardner LLP;
Legal Alert/Article
October 7, 2014, previously published on October 2, 2014
In American Calcar, Inc. v. American Honda Motor Co., the Federal Circuit upheld the district court’s finding that three Calcar patents are unenforceable due to inequitable conduct. Both courts reached this decision of inequitable conduct post Therasense despite the fact that the validity of...

 

HTMLNHTSA's September Scrutiny
Christopher H. Grigorian; Foley & Lardner LLP;
Legal Alert/Article
October 7, 2014, previously published on October 2, 2014
September was a difficult month for NHTSA. During one week alone, a New York Times article blasted NHTSA for failing to investigate a number of defects that later resulted in injuries and fatalities and, ultimately, recalls; the House Energy & Commerce Committee issued a scathing report...

 

HTMLSEC Reverses Course and Awards Dodd-Frank Whistleblower $400,000
Bryan B. House, Pamela L. Johnston, Courtney Worcester; Foley & Lardner LLP;
Legal Alert/Article
October 7, 2014, previously published on October 3, 2014
On July 31, 2014, the SEC awarded $400,000 to a whistleblower who had reported internally before providing information to the SEC. The award was unique because the SEC’s Claims Review Staff had denied the whistleblower’s claim on the grounds that the information provided had not been...

 

HTMLRealizing the Potential of Telemedicine in China, Part 1: Protecting Your IP
Richard J. Ferris, Nathaniel M. Lacktman, Tianran Yan; Foley & Lardner LLP;
Legal Alert/Article
October 3, 2014, previously published on September 30, 2014
Telemedicine device manufacturers and software developers face different challenges related to IP protection when expanding into China, including when it comes to trade secret protection, IP asset registration, contracts, and due diligence.

 

HTMLU.S. Regulations Can Raise Risks for Reshoring and Next-Generation Manufacturing
Gregory Husisian; Foley & Lardner LLP;
Legal Alert/Article
October 3, 2014, previously published on October 1, 2014
More than a third of United States businesses are either bringing back or considering bringing back manufacturing activity to the U.S. through “reshoring.” Although one would think that bringing production back to the U.S. would minimize the impact of U.S. regulations of international...

 

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.

 

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)...

 


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