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Foley & Lardner LLP Document Search Results (474) Show: results per page Sort by:  | Federal Circuit Finds Prosecution History Disclaimer in Enablement Arguments
Margareta K. Sorenson; Foley & Lardner LLP;
Legal Alert/Article April 24, 2013, previously published on April 23, 2013 In Biogen Idec, Inc. v. GlaxoSmithKline LLC, the Federal Circuit upheld a narrow claim interpretation based on prosecution history disclaimer. The court held that the applicants’ arguments against an enablement rejection served to disclaim the broader claim scope sought in the infringement...
| | 340B Drug Pricing Program: Recent Developments
Elizabeth S. Elson, Anil Shankar; Foley & Lardner LLP;
Legal Alert/Article April 23, 2013, previously published on April 18, 2013 The 340B Drug Pricing Program (340B Program) continues to undergo a period of intense scrutiny and debate over how compliance with program rules is enforced. As previously reported in the May 30, 2012 edition of Foley’s Legal News Alert: Health Care, in 2012 the U.S. Health Resources and...
| | California Transparency in Supply Chains Act
Michael F. Taveira; Foley & Lardner LLP;
Legal Alert/Article April 19, 2013, previously published on April 18, 2013 As of last year, the California Transparency in Supply Chains Act requires qualifying businesses to disclose their efforts to eradicate human trafficking and slavery from their direct supply chains.
| | Challenging the Enabling Quality of Prior Art
Courtenay C. Brinckerhoff; Foley & Lardner LLP;
Legal Alert/Article April 19, 2013, previously published on April 18, 2013 In In re Morsa, the Federal Circuit reversed an anticipation rejection where the applicant had challenged the enabling quality of the cited prior art reference, even though the applicant had not submitted evidence in support of its position. While the court agreed with the USPTO that a prior art...
| | Another Steelmaker Subsidiary Raided in International Antitrust Investigation
Brandi F. Walkowiak; Foley & Lardner LLP;
Legal Alert/Article April 18, 2013, previously published on April 16, 2013 On March 29, 2013, South Korea’s antitrust watchdog, the Supreme Prosecutors’ Office raided the office of POSCO ICT, a subsidiary of POSCO that manages the parent company’s IT network, as part of an ongoing investigation of South Korea’s biggest steelmakers. Approximately 10...
| | Developers Rejoice! IRS Issues “Begun Construction” Guidance
John A. Eliason; Foley & Lardner LLP;
Legal Alert/Article April 18, 2013, previously published on April 16, 2013 On April 15, 2013, the IRS released Notice 2013-29 addressing the eligibility for certain alternative energy projects to qualify for the renewable electricity production tax credit (PTC) under section 45 of the Tax Code. This guidance has been eagerly anticipated since the beginning of the year by...
| | CMS And OIG Issue Proposed Rules Modifying the Stark Exception and Anti-Kickback Safe Harbor fFor Donation of EHR
C. Frederick Geilfuss, Shilpa S. Patel, Richard K. Rifenbark, Donald H. Romano; Foley & Lardner LLP;
Legal Alert/Article April 18, 2013, previously published on April 17, 2013 On April 10, 2013, the Centers for Medicare and Medicaid Services (CMS) and the Office of the Inspector General of the U.S. Department of Health and Human Services (OIG) each published proposed rules in the Federal Register (Proposed Rules) designed to modify requirements of the Stark Law exception...
| | Personalized Medicine and the Gene Patenting Debate
Antoinette F. Konski; Foley & Lardner LLP;
Legal Alert/Article April 18, 2013, previously published on April 15, 2013 The transcript for today’s Supreme Court oral argument in The Association for Molecular Pathology v. Myriad Genetics, Inc. No. 12-398 (2013) has been released, and the importance of the gene patenting debate to personalized medicine was discussed. The Court was well briefed on the issues and...
| | Supreme Court Hears Oral Arguments in "ACLU/Myriad" Gene Patenting Case
Courtenay C. Brinckerhoff; Foley & Lardner LLP;
Legal Alert/Article April 16, 2013, previously published on April 15, 2013 On April 15, 2013, the Supreme Court heard oral arguments in one of the most controversial and publicized biotech patent cases, the “ACLU/Myriad” gene patenting case (formally, The Association For Molecular Pathology. et al. v. USPTO et al.). While it is nearly impossible to predict the...
| | "Human Genes" and Patents
Antoinette F. Konski; Foley & Lardner LLP;
Legal Alert/Article April 16, 2013, previously published on April 15, 2013 At 10:00 A.M. on April 15th, the U.S. Supreme Court will entertain oral arguments in the dispute now known as the human “gene patenting” case. The Association for Molecular Pathology v. Myriad Genetics, Inc., No. 12-398 (2013) is likely the highest profile patent dispute before the...
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