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HTMLSupreme Court Holds That Lanham Act False Advertising Claims Are Not Preempted by FDCA
Andrew Baum; Foley & Lardner LLP;
Legal Alert/Article
June 18, 2014, previously published on June 12, 2014
Earlier today, the U.S. Supreme Court unanimously held that a Lanham Act false advertising case may be brought even if Food and Drug Administration (FDA) beverage labeling regulations permit use of the challenged claim. Reversing the Ninth Circuit, the Court held in POM Wonderful LLC v. The...

 

HTMLIs Evidence of Obviousness Always Required?
Courtenay C. Brinckerhoff; Foley & Lardner LLP;
Legal Alert/Article
June 18, 2014, previously published on June 12, 2014
In K/S HIMPP v. Hear-Wear Technologies, LLC, the Federal Circuit affirmed the decision of the Patent Trial and Appeal Board (PTAB) that upheld the decision of the Central Reexamination Unit Examiner that refused to hold claims obvious where the inter partes reexamination requestor had failed to...

 

HTMLPublic Comments on USPTO Proposed Attributable Ownership Rules
Simon J. Elliott; Foley & Lardner LLP;
Legal Alert/Article
June 17, 2014, previously published on May 27, 2014
The USPTO proposed attributable ownership rules would require the public disclosure of the “attributable owner” of patent applications and patents. In this article, I outlined some of my concerns with the proposed rules. Here, I provide a review of some of the written comments submitted...

 

HTMLSupreme Court Adopts Reasonable Certainty Test for Definiteness
Courtenay C. Brinckerhoff; Foley & Lardner LLP;
Legal Alert/Article
June 17, 2014, previously published on June 10, 2014
On June 2, 2014, the Supreme Court issued a unanimous decision in Nautilus, Inc. v. Biosig Instruments, Inc., rejecting the Federal Circuit’s “insolubly ambiguous” test for patent claim indefiniteness under 35 USC § 112, and instead adopting a “reasonable certainty...

 

HTMLFederal Circuit Vacates Infringement of Braintree SUPREP Patent
Courtenay C. Brinckerhoff; Foley & Lardner LLP;
Legal Alert/Article
June 6, 2014, previously published on May 29, 2014
In a divided opinion issued in Braintree Labs., Inc. v. Novel Labs., Inc., the Federal Circuit reversed the district court on one of two challenged claim construction issues and vacated the district court’s finding of infringement to remand for further factual findings. When no judge agrees...

 

HTMLThe Hare Loses Steam - Patent Litigation Reform Law Unlikely This Year
Ann G. Fort; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
June 6, 2014, previously published on May 23, 2014
Efforts by the U.S. Senate to pass an alternative to the Innovation Act, which aims to reform abusive patent litigation, have stalled. Sen. Patrick Leahy, who is leading the effort, has announced that his committee is tabling that work until the interested parties reach a bipartisan compromise....

 

HTMLPublic Comments on UPSTO Proposed Attributable Ownership Rules
Simon J. Elliott; Foley & Lardner LLP;
Legal Alert/Article
May 30, 2014, previously published on May 27, 2014
The USPTO proposed attributable ownership rules would require the public disclosure of the “attributable owner” of patent applications and patents. In this article, I outlined some of my concerns with the proposed rules. Here, I provide a review of some of the written comments submitted...

 

HTMLFTC PAE Study Would Collect Detailed Confidential Business Information From 25 PAEs
Simon J. Elliott; Foley & Lardner LLP;
Legal Alert/Article
May 30, 2014, previously published on May 22, 2014
In the May 19, 2014 Federal Register, the Federal Trade Commission published a Notice and Request for Comments concerning its proposal ”to collect information about Patent Assertion Entity (‘‘PAE’’) organization, structure, economic relationships, and activity,...

 

HTMLUPDATE: The Hare Loses Steam - Patent Litigation Reform Law Unlikely This Year
Ann G. Fort; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
May 27, 2014, previously published on May 23, 2014
Efforts by the U.S. Senate to pass an alternative to the Innovation Act, which aims to reform abusive patent litigation, have stalled. Sen. Patrick Leahy, who is leading the effort, has announced that his committee is tabling that work until the interested parties reach a bipartisan compromise....

 

HTMLKey Questions to Ask When Preparing a Data Breach Response Plan (Part II)
Peter I. Sanborn; Foley & Lardner LLP;
Legal Alert/Article
May 22, 2014, previously published on May 16, 2014
Following up on last week’s post, we return to the wide range of questions about a company’s operations that can guide a team building a data breach response plan to cover many of the risks encountered in the wake of a breach.

 


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