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HTMLTwo Fishy Recalls Issued
Jennifer L. Keel; Burg Simpson Eldredge Hersh & Jardine, P.C.;
Legal Alert/Article
October 1, 2014, previously published on September 26, 2014
Gold Star Smoke Fish Corp. is recalling its Cold Smoked Steelhead in vaccuum packs, featuring blue and gold labels, over fear the meat could have become contaminated by Listeria monocytogenes.

 

HTMLMyriad Set for Another Round
Antoinette F. Konski; Foley & Lardner LLP;
Legal Alert/Article
September 30, 2014, previously published on September 29, 2014
On Monday October 6th, the U.S. Court of Appeals for the Federal Circuit will entertain oral argument in another case involving Myriad’s BRCA1/BRCA2 diagnostic tests. In re BRCA1- and BRCA2- Based Hereditary Cancer Test Patent Litigation, Case Nos. 14-1361, -1366. In the words of Myriad...

 

HTMLClass I Recall For Post-Surgical Jaw Stabilizer
Jennifer L. Keel; Burg Simpson Eldredge Hersh & Jardine, P.C.;
Legal Alert/Article
September 30, 2014, previously published on September 26, 2014
The U.S. Food and Drug Administration has recently issued a safety alert for the DePuy Synthes Craniomaxillofacial (CMF) Distraction System, which includes AB Distractor Bodies and BC Distractor Bodies. The device, also referred to as an external mandibular fixator, a distractor or a bone plate, is...

 

HTMLFederal Circuit Applies "Searching Review" of Stay Pending CBM Proceeding
Courtenay C. Brinckerhoff; Foley & Lardner LLP;
Legal Alert/Article
September 30, 2014, previously published on September
In Benefit Funding Systems, LLC v. Advance America Cash Advance Centers, Inc., the Federal Circuit upheld the district court’s decision to stay patent infringement litigation while the USPTO Patent Trial and Appeal Board (PTAB) conducts a Covered Business Method (CBM) review of the patent at...

 

HTMLUpdate on Mayo Myriad Patent Eligibility From USPTO BCP Partnership Meeting
Courtenay C. Brinckerhoff; Foley & Lardner LLP;
Legal Alert/Article
September 23, 2014, previously published on September 18, 2014
On September 17, 2015, the USPTO held the first “bicoastal” Biotechnology/Chemical/Pharmaceutical Customer Partnership meeting, with live participation from the USPTO’s main campus in Alexandria, VA and from San Jose University in San Jose, CA. The last item on the agenda was a...

 

HTMLPinnacle Hip Trial Update: J&J Allegedly Knew Hip Was Defective As Early As 2001
Lexi J. Hazam; Lieff, Cabraser, Heimann & Bernstein, LLP;
Legal Alert/Article
September 22, 2014, previously published on September 15, 2014
In the first case to proceed to trial involving the Pinnacle hip replacement manufactured by DePuy, a subsidiary of Johnson & Johnson, evidence was introduced to show that J&J was aware as early as 2001 that the device could generate metal debris which enter the patient's bloodstream.

 

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.

 

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...

 

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...

 


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