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HTMLFederal Circuit Holds That Even Functional Claims Require Structural Fence Posts
Courtenay C. Brinckerhoff, Jacob D. Moore; Foley & Lardner LLP;
Legal Alert/Article
July 17, 2014, previously published on July 11, 2014
In AbbVie Deutschland Gmbh v. Janssen Biotech, Inc., the Federal Circuit affirmed the district court decision that found AbbVie’s patents directed to anti-IL-12 antibodies invalid for lack of adequate written description. As between the parties, this decision leaves Centocor free to market...

 

HTMLUSPTO Asks for Patent Subject Matter Eligibility Comments by July 31, 2014
Courtenay C. Brinckerhoff; Foley & Lardner LLP;
Legal Alert/Article
July 8, 2014, previously published on June 30, 2014
In a June 30, 2014 Federal Register notice, the USPTO requested public comments by July 31, 2014 on patent subject matter eligibility under the recent Supreme Court decision in Alice Corporation Pty. Ltd. v. CLS Bank International and on the USPTO’s March 4, 2014 “Guidance For...

 

HTMLDistrict Court Upholds FTC Hart-Scott-Rodino Rules for Pharmaceutical Patent Transfers
Benjamin R. Dryden, Alan D. Rutenberg; Foley & Lardner LLP;
Legal Alert/Article
July 7, 2014, previously published on June 26, 2014
A federal court has upheld the validity of the FTC’s recent rules for reporting certain transfers of exclusive patent rights in the pharmaceutical industry under the Hart-Scott-Rodino Antitrust Improvements (“HSR”) Act. We explained these Hart-Scott Rodino rules back in November...

 

HTMLHow the Supreme Court Decision in Alice Corp. v. CLS Bank Undermines the USPTO Subject Matter Eligibility Guidance
Courtenay C. Brinckerhoff; Foley & Lardner LLP;
Legal Alert/Article
June 30, 2014, previously published on June 24, 2014
On June 19, 2014, the Supreme Court issued its decision in Alice Corp. v. CLS Bank International, finding that patents directed to “a computer-implemented scheme for mitigating ‘settlement risk’” were invalid as being drawn to a patent-ineligible abstract idea. Although 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...

 

HTMLEPA Extols Pesticide Civil Penalty, But the Decision Could Be Problematic for Registrants and EPA
Timothy D. Backstrom, Lynn L. Bergeson; Bergeson & Campbell, P.C.;
Legal Alert/Article
June 18, 2014
On June 6, 2014, the U.S. Environmental Protection Agency (EPA) announced that Liphatech, Inc. (Liphatech), a pesticide manufacturer based in Milwaukee, WI, paid a $738,000 civil penalty for Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) violations. The vast majority of the penalty was...

 

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 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...

 

HTMLEPA Announces Safer Alternatives for Toxic Flame Retardants
Lynn L. Bergeson; Bergeson & Campbell, P.C.;
Legal Alert/Article
June 18, 2014
The U.S. Environmental Protection Agency (EPA) announced on June 12, 2014, safer alternatives to flame retardants currently used in consumer and commercial products, including building insulation and products with flexible polyurethane foam. According to EPA, flame retardant chemicals such as...

 

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...

 


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