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HTMLSupreme Court Lays Burden of Proof on Patentee, Even in Declaratory Judgment Action
Courtenay C. Brinckerhoff; Foley & Lardner LLP;
Legal Alert/Article
January 29, 2014, previously published on January 22, 2014
In Medtronic, Inc. v. Mirowski Family Ventures, LLC, a unanimous Supreme Court held that the patent holder bears the burden of proving infringement, even in a declaratory judgment action brought by a licensee. In reaching its decision, the Court dismissed concerns that it would skew the balance of...

 

HTMLSupreme Court Grants Certiorari in Nautilus v. Biosig Instruments
Michael G. Raucci; Sughrue Mion, PLLC;
Legal Alert/Article
January 23, 2014, previously published on January 15, 2014
On January 10, 2014, the Supreme Court granted certiorari in Nautilus v. Biosig Instruments (13-369) to decide the proper standard for finding patented claims indefinite under 35 U.S.C. § 112. At issue is whether the Federal Circuit’s construction of § 112, ¶ 2 conflicts with...

 

HTMLGodot Finally Arrives: At Long Last, FDA Issues Draft Guidance On Submissions For Interactive Social Media
Delia A. Deschaine, Jeffrey N. Wasserstein; Hyman, Phelps & McNamara, P.C.;
Legal Alert/Article
January 21, 2014, previously published on January 16, 2014
For years, those of us who followed FDA’s attempt to provide guidance related to social media felt like Vladimir and Estragon from Samuel Beckett’s Waiting for Godot. FDA initially promised guidance by the end of 2010. But, like Godot, the guidance never came. On January 13, after...

 

HTMLSupreme Court to Consider Legal Standard for Patent Indefiniteness
Courtenay C. Brinckerhoff; Foley & Lardner LLP;
Legal Alert/Article
January 14, 2014, previously published on January 13, 2014
On January 10, 2014, the U.S. Supreme Court granted certiorari in Nautilus Inc. v. Biosig Instruments, Inc., to review the legal standard for holding a patent claim invalid as indefinite, under 35 USC § 112, second paragraph.

 

HTMLMedtronic Orders Recall of Dangerous Defective Medical Devices
James P. Nevin; Brayton Purcell, LLP;
Legal Alert/Article
January 10, 2014, previously published on January 9, 2014
The Food and Drug Administration has classified the recall of "some Medtronic devices used during heart procedures" as Class I, a category reserved for products with reasonable potential to cause serious injury or death. An estimated 15,000 devices made since April 2013 are affected by...

 

HTMLInstitut Pasteur Obtains Reversal of USPTO Board Decision of Obviousness of Eukaryotic Site-Directed Mutagenesis Methods
Courtenay C. Brinckerhoff; Foley & Lardner LLP;
Legal Alert/Article
January 9, 2014, previously published on January 7, 2014
In Institut Pasteur v. Focarino, the Federal Circuit found that the obviousness determination by the USPTO Board of Patent Appeals and Interferences was not supported by substantial evidence, and rested on an “erroneous obviousness analysis.” It dismissed the appeal as to one patent,...

 

HTMLThe Year in Mesothelioma
Brayton Purcell LLP;
Legal Alert/Article
January 8, 2014, previously published on January 07, 2014
With the end of 2013 and the beginning of the New Year, there are always many lists discussing aspects of the previous years. Mesothelioma is no different, and one review of the top 10 events associated with mesothelioma highlights a few interesting items.

 

HTMLDecree Guiding Advertising Law in Vietnam Comes into Force
Mai Phuong Nguyen, Thi Mai Nguyen; Mayer Brown JSM Vietnam Limited;
Legal Alert/Article
January 6, 2014, previously published on January 2, 2013
On 21 June 2012 the National Assembly passed the Law on Advertising which, among other things, contains very strict provisions on the advertising of special goods that may have an impact on human health.

 

HTMLThe Federal Circuit Wades into FDC Act Preemption and Intended Use in RevitaLash Decision
Kurt R. Karst; Hyman, Phelps & McNamara, P.C.;
Legal Alert/Article
January 6, 2014, previously published on January 2, 2014
Last week, in an unusual move, the U.S. Court of Appeals for the Federal Circuit waded into non-patent territory when the Court issued its decision in Allergan, Inc. v. Athena Cosmetics, Inc. (Case No. 2013-1286), a consolidated appeal of several decisions by the U.S. District Court for the Central...

 

HTMLFDA Orders Google-Backed Home Genetic Test Service 23andMe to Halt Marketing
Anthony M. Catalfamo; Baker Sterchi Cowden & Rice, L.L.C.;
Legal Alert/Article
January 2, 2014, previously published on December 26, 2013
The U.S. Food and Drug Administration (FDA) ordered Google-backed home genetic test maker 23andMe to “immediately discontinue” its Personal Genome Service (PGS) after failing to undergo proper agency approval for its marketing claims.

 


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