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HTMLMyriad’s Continuing Patent Debate
Antoinette F. Konski; Foley & Lardner LLP;
Legal Alert/Article
October 30, 2014, previously published on October 20, 2014
On October 6, 2014, the U.S. Court of Appeals for the Federal Circuit entertained oral argument in the interlocutory appeal of the district court’s denial of Myriad’s motion for preliminary injunction against Ambry Genetics. In re BRCA1- and BRCA2- Based Hereditary Cancer Test Patent...

 

HTMLFinally Facing First Inventor to File Issues
Courtenay C. Brinckerhoff; Foley & Lardner LLP;
Legal Alert/Article
October 28, 2014, previously published on October 15, 2014
It has been over three years since the Leahy-Smith America Invents Act was signed into law by President Obama, and just over eighteen months since the effective date of the first-inventor-to-file changes to 35 USC § 102. While those changes were a hot topic in March of 2013, it is only over...

 

HTMLALJ Essex Sets Procedural Schedule In Certain Beverage Brewing Capsules (337-TA-929)
Eric W. Schweibenz; Oblon, Spivak, McClelland, Maier & Neustadt, L.L.P.;
Legal Alert/Article
October 23, 2014, previously published on October 20, 2014
On October 17, 2014, ALJ Theodore R. Essex issued Order No. 7 in Certain Beverage Brewing Capsules, Components Thereof, and Products Containing the Same (Inv. No. 337-TA-929).

 

HTMLFederal Circuit Jurisdiction Over Patent Contract Disputes
Courtenay C. Brinckerhoff; Foley & Lardner LLP;
Legal Alert/Article
October 15, 2014, previously published on October 9, 2014
In a precedential order issued in Jang v. Boston Scientific Corp., the Federal Circuit held that it has jurisdiction over the parties’ patent-related contract dispute under Gunn v. Minton even though the patents at issue have been invalidated. Despite having found Federal Circuit...

 

HTMLFederal Circuit Hears Arguments in Other Myriad Gene Patents Case
Courtenay C. Brinckerhoff; Foley & Lardner LLP;
Legal Alert/Article
October 13, 2014, previously published on October 7, 2014
On October 6, 2014, the Federal Circuit heard oral arguments in a case involving the claims of the Myriad gene patents that were not invalidated by the Supreme Court’s 2013 decision. The Federal Circuit is reviewing the district court’s denial of Myriad’s motion for a preliminary...

 

HTMLCanada and the EU Successfully Conclude CETA: What It Means to the Pharmaceutical Industry
Steven Mason, Sanjaya Mendis; McCarthy Tétrault LLP;
Legal Alert/Article
October 7, 2014, previously published on October 2, 2014
On September 26, 2014, Prime Minister Harper announced that Canada and the European Union have successfully concluded negotiations on a new trade agreement, the Comprehensive Economic and Trade Agreement (CETA) that was five years in the making, and publicly released the consolidated text of the...

 

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...

 

Adobe PDFCourt Finds Likelihood of Confusion Between 'Fuci-' Marks
Maria Athanassiadou; Dr. Helen Papaconstantinou, John Filias & Associates;
Legal Alert/Article
September 22, 2014, previously published by WTR Daily, part of World Trademark Review on June 2014
In Decision No 4305/2014, the Athens Three-Member Administrative Court of First Instance, Division 25, has reversed a decision of the Administrative Trademark Committee in which the latter had rejected an opposition against the registration of the mark FUCIRICIN. In 2005 Greek company IATOR AE's...

 

HTMLFederal Circuit Finds Apotex ANDAs Do Not Infringe Lysteda Patents
Courtenay C. Brinckerhoff; Foley & Lardner LLP;
Legal Alert/Article
September 4, 2014, previously published on September 2, 2014
In two decisions issued under the same name (Ferring B.V. v. Watson Laboratories, Inc.), the Federal Circuit upheld the validity of the Orange Book-listed patents for Lysteda®, but found that they were not infringed by either Apotex’s or Watson’s Abbreviated New Drug Applications...

 

HTMLThird Circuit Rejects Presumption of Irreparable Harm in Lanham Act Cases
Jessica D. Bradley, John G. Froemming, Candice M. Reder, Meredith M. Wilkes; Jones Day;
Legal Alert/Article
September 3, 2014, previously published on August 2014
In a precedential decision issued this week, Ferring Pharmaceuticals v. Watson Pharmaceuticals, the U.S. Court of Appeals for the Third Circuit joined the Ninth Circuit in rejecting the presumption of irreparable harm for plaintiffs seeking a preliminary injunction in Lanham Act false advertising...

 


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