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HTMLCourt Finds Patent Indefiniteness In Unobtrusive Claims
Courtenay C. Brinckerhoff; Foley & Lardner LLP;
Legal Alert/Article
September 17, 2014, previously published on September 15, 2014
In Interval Licensing LLC v. AOL, Inc., the Federal Circuit applied the test for patent indefiniteness set forth in the recent Supreme Court decision in Nautilus, Inc. v. Biosig Instruments, and found that claims reciting an “unobtrusive” display were invalid. In so doing, the Federal...

 

HTML18-Year Old Official Mark Quashed For Not Being A “Public Authority”
Adrian J. Howard, Beverley Moore, Chantal Saunders, Ryan Steeves; Borden Ladner Gervais LLP;
Legal Alert/Article
September 15, 2014, previously published on September 9, 2014
TCC holdings sought judicial review of a decision of the Registrar of Trade-marks to publish the adoption of the use by the Families as Support Teams Society of the official mark F A S T on May 1, 1996.

 

HTMLFederal Circuit Frames Test for Patent-Eligibility
Antoinette F. Konski; Foley & Lardner LLP;
Legal Alert/Article
September 12, 2014, previously published on September 8, 2014
Personalized medicine relies on diagnostics to analyze a patient for individualized therapy and for monitoring a patient’s health status. Some diagnostic tests use natural products, for example gene sequences, either as the target of the diagnostic test or as a tool to identify a genetic...

 

HTMLAustralia Upholds Patent Eligibility of Isolated DNA
Courtenay C. Brinckerhoff; Foley & Lardner LLP;
Legal Alert/Article
September 12, 2014, previously published on September 8, 2014
The Full Federal Court of Australia affirmed that isolated nucleic acids, i.e. whether it be DNA or RNA, are patentable subject matter in Australia. While an appeal to the High Court of Australia may be possible, absent an appeal, isolated nucleic acids will remain patentable subject matter, unless...

 

HTMLSurgical Packs Recalled by Customed
Seth A. Katz; Burg Simpson Eldredge Hersh & Jardine, P.C.;
Legal Alert/Article
September 11, 2014, previously published on August 28, 2014
After discovering a potential defect due to adhesion in its sterile convenience surgical packs, Customed, Inc. has issued a voluntary recall for the packs.

 

HTMLFDA, Industry Group Announce Initiatives to Revamp Safety Assessments of Food Ingredients and Other Products
Jonathan Berman, Matthew R. Bowles, Colleen Heisey, Mark Mansour, Emily K. Strunk; Jones Day;
Legal Alert/Article
September 8, 2014, previously published on September 2013
Last month, FDA and the Grocery Manufacturers Association ("GMA") separately announced new initiatives aimed at improving industry and governmental safety assessments of food and other regulated products—all at a time when the food additive market is experiencing significant growth.

 

HTMLALJ Bullock Issues Claim Construction Order In Certain Hemostatic Products (337-TA-913)
Katherine Cappaert, Eric W. Schweibenz; Oblon, Spivak, McClelland, Maier & Neustadt, L.L.P.;
Legal Alert/Article
September 5, 2014, previously published on September 3, 2014
On August 26, 2014, Chief ALJ Charles E. Bullock issued Order No. 9 construing the disputed claim terms of the asserted patents in Certain Hemostatic Products and Components Thereof (Inv. No. 337-TA-913).

 

HTMLFederal Circuit Finds Apotex ANDAs Do Not Infringe Lysteda Patents
Courtenay C. Brinckerhoff; Foley & Lardner LLP;
Legal Alert/Article
September 4, 2014, previously published on September 2, 2014
In two decisions issued under the same name (Ferring B.V. v. Watson Laboratories, Inc.), the Federal Circuit upheld the validity of the Orange Book-listed patents for Lysteda®, but found that they were not infringed by either Apotex’s or Watson’s Abbreviated New Drug Applications...

 

HTMLFDA Proposes a New Layer of Regulation for Laboratory Developed Tests
Caroline M. Tinsley; Baker Sterchi Cowden & Rice, L.L.C.;
Legal Alert/Article
September 2, 2014, previously published on August 21, 2014
The Food and Drug Administration (FDA) announced its intention to expand the regulation of laboratory developed tests (LDTs). LDTs identify patients’ individual reactions to pharmaceutical treatments, so medical providers can prescribe the best treatment for the particular patient. Unlike...

 

HTMLHumira Patent Invalid for Obviousness Type Double Patenting
Courtenay C. Brinckerhoff; Foley & Lardner LLP;
Legal Alert/Article
September 2, 2014, previously published on August 25, 2014
In AbbVie Inc. v. Kennedy Institute of Rheumatology Trust, the Federal Circuit affirmed the district court's finding that a second patent covering AbbVie's Humira product is invalid under the doctrine of obviousness-type double patenting. The decision reaffirms the court's stance in Gilead that the...

 


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