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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...

 

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...

 

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”...

 

HTMLIRS Issues 2015 Limits for Qualified Retirement Plans, Health FSAs, and Transportation Fringe Benefits
Katherine L. Aizawa, Casey K. Fleming, Belinda S. Morgan; Foley Lardner LLP;
Legal Alert/Article
November 14, 2014, previously published on November 5, 2014
You know it’s Fall when the leaves turn color, jack-o-lanterns wink in the twilight, the World Series plays on ... and the IRS announces new indexed annual limits for employee benefit plans. Sticking to tradition, the IRS recently announced the 2015 limits for qualified retirement plans and...

 

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,...

 

HTMLDirect Benefits Estoppel: 7th Cir. Explains How You Can Be Compelled To Arbitrate Without Agreeing To Do So
Thomas L. Shriner; Foley Lardner LLP;
Legal Alert/Article
November 14, 2014, previously published on November 5, 2014
Everyone knows that you can’t be compelled to arbitrate a dispute unless you’ve agreed to do so. But what everyone knows is sometimes wrong. There are situations in which a person has to arbitrate even though she didn’t sign an agreement to that effect. Generally, “a...

 

HTMLFor Single-Enterprise Immunity, the Bottom Line May Be Having One Bottom Line
Benjamin R. Dryden; Foley Lardner LLP;
Legal Alert/Article
November 14, 2014, previously published on November 6, 2014
A federal court in Ohio has provided some of the clearest guidance to date on the application of the single-enterprise immunity doctrine to healthcare organizations. The single-enterprise immunity doctrine is critically important in the healthcare industry, because firms that qualify for...

 

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...

 

HTMLOpportunistic Acquisitions: Buying Assets Through Bankruptcy
Nicholas E. Williams; Foley Lardner LLP;
Legal Alert/Article
November 14, 2014, previously published on November 3, 2014
Though often overlooked, bankruptcy sales can be a real boon to businesses looking for a great deal. Prospective purchasers must, of course, interface with the bankruptcy court, so these companies must understand the lay of the land when looking for a bargain. For example, in the last two years,...

 

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...

 


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