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HTMLIs the Commil Defense Underutilized in Patent Cases?
Justin M. Sobaje; Foley Lardner LLP;
Legal Alert/Article
November 14, 2014, previously published on November 5, 2014
It has now been more than a year since the Federal Circuit rendered its decision in the Commil case providing a defense to the intent prong for active inducement of patent claims. At the time of the decision there were a number of articles touting the “new” defense and opining that it...

 

HTMLSix Tips for Protecting Manufacturers' Most Valuable Assets - Trade Secrets
Nicholas J. Ellis, Nicholas E. Williams; Foley Lardner LLP;
Legal Alert/Article
November 14, 2014, previously published on November 5, 2014
Long gone are the days when spies needed physical access to information to steal, copy, or photograph it; modern technology now enables instantaneous global access and transmission. Protecting trade secrets ranks high on manufacturers’ priority lists, yet understanding “how” to...

 

HTMLSite Selection in a Build-to-Suit Project: Should the Land and Developer Be Selected Separately or Together?
Wesley N. Becker; Foley Lardner LLP;
Legal Alert/Article
November 14, 2014, previously published on November 5, 2014
Site selection is a critical issue in build-to-suit (BTS) projects. There may be nothing more important to the success of a build-to-suit project than its location. Factors such as the strength of local labor markets, the quality of transportation infrastructure, and the proximity to suppliers,...

 

HTMLRealizing the Potential of Telemedicine in China, Part 2: Data Privacy and Security
Tianran Yan; Foley Lardner LLP;
Legal Alert/Article
November 14, 2014, previously published on November 5, 2014
The Chinese market presents a tremendous opportunity for U.S. hospitals and providers, as long as the intricacies of data privacy and security issues are thoroughly understood. This includes Chinese regulations regarding medical records, electronic health record (EHR) storage, and practical...

 

HTMLIt's November - Do You Know Where Your Plan Document Is?
Casey K. Fleming, Belinda S. Morgan; Foley Lardner LLP;
Legal Alert/Article
November 14, 2014, previously published on November 3, 2014
Every year around this time (and hopefully even earlier), many plan sponsors begin the arduous task of preparing determination letter applications for their qualified retirement plans (i.e., their profit-sharing, 401(k), pension, and similar plans). Sponsors often work with their attorneys or other...

 

HTMLDistrict Court Finds Genetic Technologies Patent Invalid Under 101 on Motion to Dismiss
Courtenay C. Brinckerhoff; Foley Lardner LLP;
Legal Alert/Article
November 14, 2014, previously published on November 6, 2014
Judge Stark of the U.S. District Court for the District of Delaware granted defendants’ motion to dismiss Genetic Technologies, Ltd.’s patent infringement suit with regard to claim 1 of U.S. Patent 5,612,179 on the basis that the claimed sequence analysis method is invalid under 35 USC...

 

HTMLCMS Releases the 2015 Medicare Physician Fee Schedule
Elizabeth J. Rosen; Foley Lardner LLP;
Legal Alert/Article
November 14, 2014, previously published on November 3, 2014
The Centers for Medicare & Medicaid Services (CMS) issued the 2015 Medicare Physician Fee Schedule (Medicare PFS) on October 31, 2014. The final rule updates payment policies and payment rates for services furnished to Medicare beneficiaries by physicians and other practitioners. The provisions...

 

HTMLSCE Selects Suppliers for 261 MW in Energy Storage
Jeffery R. Atkin, Justus J. Britt; Foley Lardner LLP;
Legal Alert/Article
November 14, 2014, previously published on November 6, 2014
Southern California Edison (SCE) announced the suppliers and projects it has selected for the largest grid-connected energy storage purchase in U.S. history. This energy storage procurement is more than five times greater than SCE’s minimum authorization of 50 MW, pursuant to a California...

 

HTML31 State Attorneys General Elected to Office
Joseph W. Jacquot; Foley Lardner LLP;
Legal Alert/Article
November 14, 2014, previously published on November 5, 2014
Of the 50-state Attorneys General (AGs), 43 are elected. In 2014, 31 AGs were on the ballot of which 11 were open seats. Unofficial results are in, so meet the new Attorneys General.

 

HTMLMexican Renewables - Set for a Boom; Waiting for Guidance
Jeffery R. Atkin, David C. Markey; Foley Lardner LLP;
Legal Alert/Article
November 14, 2014, previously published on November 5, 2014
The sunset date for the 30% ITC is coming into view for developers of U.S. solar projects. The U.S. domestic solar market is also becoming increasingly competitive. The PTC for wind has already expired except for projects unless they managed to meet “commencement of construction”...

 


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