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HTMLToo Little, Too Late: Seventh Circuit Reaffirms the Limits of a Registration Proceeding Under 28 U.S.C. § 1963
Eric G. Pearson; Foley & Lardner LLP;
Legal Alert/Article
July 14, 2014, previously published on July 7, 2014
In Goldman v. Gagnard, No. 12-2706 (June 27, 2014), the Seventh Circuit (in an opinion authored by Judge Tinder) waded into a long-running, continent-spanning dispute, which it characterized as “Dickensian” in character, arising out of water leaks in a California house that was sold ten...

 

HTMLPutting Structure and Function Into Context for USPTO Patent Subject Matter Eligibility Guidance
Courtenay C. Brinckerhoff; Foley & Lardner LLP;
Legal Alert/Article
July 14, 2014, previously published on July 8, 2014
The USPTO’s ”Guidance For Determining Subject Matter Eligibility Of Claims Reciting Or Involving Laws of Nature, Natural Phenomena, and Natural Products” has been criticized for requiring a product to be markedly different in structure from a product of nature in order to be...

 

HTMLThe Supreme Court's Aereo Ruling: Is the Sky Falling for Cloud Computing?
Janina Gorbach; Foley & Lardner LLP;
Legal Alert/Article
July 14, 2014, previously published on July 8, 2014
With the Supreme Court’s Aereo decision finally out, the digital industry is struggling with its impact, if any, on various products and services, particularly with regard to cloud computing. However, the Supreme Court narrowly tailored the Aereo decision to services that closely resemble...

 

HTMLFacilities Siting: The Right Considerations Lead to the Right Choice
Douglas S. Buck, Michael W. Hatch; Foley & Lardner LLP;
Legal Alert/Article
July 14, 2014, previously published on July 9, 2014
According to the research, manufacturers are on the move. The questions and considerations listed below are a great starting point for any company opening or relocating a manufacturing facility.

 

HTMLFTC 2014 Amendments to Used Auto Parts Guides
Foley Lardner LLP;
Legal Alert/Article
July 14, 2014, previously published on July 10, 2014
The Federal Trade Commission announced amendments, on July 8, 2014, to its Used Auto Parts Guides, intended to prevent unfair or deceptive marketing of used motor vehicle parts and assemblies containing used parts. The FTC’s amended Guides will become effective on August 22, 2014, and...

 

HTMLPersonalized Medicine Today: PMC Issues Fourth State of the Industry Report
Antoinette F. Konski; Foley & Lardner LLP;
Legal Alert/Article
July 10, 2014, previously published on July 5, 2014
Personalized medicine is changing the paradigm of the research, development and delivery of health care. The Personalized Medicine Coalition (PMC), a consortium of interested stakeholders that seeks to promote the understanding and adoption of personalized medicine concepts, services and products,...

 

HTMLYou Posted My Medical Information on Facebook?!?!?
Jonathan W. Oliff; Foley & Lardner LLP;
Legal Alert/Article
July 10, 2014, previously published on July 7, 2014
The Americans with Disabilities Act (ADA) prohibits discrimination against qualified individuals and ensures equal opportunity for persons with disabilities in employment. An employer is required to make a reasonable accommodation to an employee’s known disability if it would not impose an...

 

HTMLHospitals Urging SCOTUS to Limit False Claims Act Penalties
Torrey K. Young; Foley & Lardner LLP;
Legal Alert/Article
July 10, 2014, previously published on July 7, 2014
The American Hospital Association along with the United States Chamber of Commerce and the Pharmaceutical Research and Manufacturers of America recently submitted an amici curiae brief in support of petitioners, Gosselin World Wide Moving, urging the Supreme Court to bar excessive FCA penalties....

 

HTMLStaying One Step Ahead of Norma Rae — Tips for Staying Union Free
Michael W. Groebe; Foley & Lardner LLP;
Legal Alert/Article
July 10, 2014, previously published on July 7, 2014
If you think unions are going away anytime soon based on recent defeats like those suffered by the UAW at Volkswagen in Tennessee, think again. The UAW and others have stepped up their organizing efforts and do not be surprised if they come knocking on your company’s door seeking to...

 

HTMLFederal Circuit Looks for a Different Kind of Unexpected Results in BMS v. Teva
Courtenay C. Brinckerhoff; Foley & Lardner LLP;
Legal Alert/Article
July 9, 2014, previously published on July 2, 2014
In Bristol-Myers Squibb Co. v. Teva Pharmaceuticals USA, Inc., the Federal Circuit affirmed the district court’s finding that BMS’s Baraclude® patent is invalid as obvious. In so doing, the court gave little weight to unexpected results characterized as reflecting a difference in...

 


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