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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...

 

HTMLFederal Circuit Says Mistaken Belief Required for Reissue Error
Courtenay C. Brinckerhoff; Foley & Lardner LLP;
Legal Alert/Article
June 18, 2014, previously published on June 17, 2014
In In re Dinsmore, the Federal Circuit held that the reissue process could not be used to correct an alleged defect in a terminal disclaimer between patents that were not commonly owned, because there had been no “mistaken belief” to support a reissue error within the meaning of the...

 

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...

 

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...

 

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....

 

HTMLUSPTO Finally Updates Patent Term Adjustment Calculator - Sort of
Courtenay C. Brinckerhoff; Foley & Lardner LLP;
Legal Alert/Article
May 22, 2014, previously published on May 20, 2014
In a Federal Register Notice issued May 15, 2014, the USPTO announced that its Patent Term Adjustment (PTA) calculator finally has been updated to implement the changes to the PTA statute embodied in the Technical Corrections Act which was enacted on January 13, 2013, but has not yet been updated...

 


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