Searching Content indexed under Trials & Appeals & Compensation by Foley & Lardner ordered by Published Date Descending.
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Service In Dismissed Infringement Cases Can Still Bar IPR Institution
The PTAB recently designated two decisions interpreting 35 U.S.C. § 315(b) as precedential. Each decision applies the Federal Circuit's literalist interpretation of § 315(b) ...
United States
10 Oct 2019
RCE PTA Carve-Out Resumes After Interference
In Mayo Foundation for Medical Education and Research v. Iancu, the Federal Circuit agreed with the USPTO's Patent Term Adjustment (PTA) calculation that excluded prosecution.
United States
8 Oct 2019
Wisconsin Court Of Appeals Enforces Knowledge Requirement For Preference Claims
Wisconsin's Chapter 128 has long been something of a "wild west" of insolvency proceedings. Modeled on the provisions of the federal Bankruptcy Act of 1898,...
United States
20 Sep 2019
District Court Sheds Light On Scope Of IPR Estoppel
One area of estoppel arising from an unsuccessful AIA petition that remains poorly understood relates to prior art that is described both in a printed publication
United States
20 Sep 2019
Statements Of Efficacy And Safety Material Claim Limitations
In Allergan Sales, LLC v. Sandoz, Inc., (Fed. Cir. 2018-2207, Aug. 29, 2019), the Federal Circuit held that "wherein" clauses in a patent claim were limitations
United States
4 Sep 2019
Federal Circuit Finds Method Withholding Treatment Ineligible For Patenting
In its non-precedential decision in INO Therapeutics LLC v. Praxair Distribution Inc., the Federal Circuit agreed with the district court that method of treatment claims reciting "excluding"
United States
4 Sep 2019
Federal Circuit Contrives Substantially Similar Written Description Test
In contrast to its decision in Nuvo Pharmaceuticals, Inc. v. Dr. Reddy's Laboratories Inc., which seemed to impose a higher standard for satisfying the written description requirement
United States
28 Aug 2019
First Published Wisconsin Appellate Opinion Applying New Class Action Rule
In 2017, the Wisconsin Supreme Court adopted a new class action rule, modeled after Fed. R. Civ. P. 23, with the avowed purpose of aligning state class-action practice with the federal practice and encouraging resort...
United States
22 Aug 2019
Federal Circuit Agrees Genotyping Method Is Not Eligible For Patenting
In Genetic Veterinary Sciences, Inc. v. Laboklin GMBH & Co., the Federal Circuit upheld the district court decision that held claims directed to methods for genotyping a Labrador Retriever
United States
14 Aug 2019
Buyer Beware: Post-Facto Mergers A New Potential IPR Killer
Overturning prior PTAB precedent, the Federal Circuit has now held that post-facto business mergers that create a new RPI trigger the one-year bar date for filing IPR petitions on patents asserted in litigation...
United States
10 Jul 2019
Federal Circuit Agrees "Pharmaceutical Composition" May Be Toxic
The claim construction determinations in Mayne Pharma International Pty. Ltd. V. Merck Sharp & Dohme Corp. may leave stakeholders in the pharmaceutical space scratching their heads
United States
8 Jul 2019
U.S. Government Cannot Bring AIA Patent Challenges
On June 10, 2019, the U.S. Supreme Court held that the U.S. government cannot challenge the validity of a U.S. patent in any AIA review proceeding.
United States
19 Jun 2019
What The United States Supreme Court Holding On EEOC Charges Really Means
On June 3, 2019, the U.S. Supreme Court issued a unanimous decision, written by Justice Ginsberg, that filing an EEOC Charge is not "jurisdictional." Fort Bend County, Texas v. Davis, No. 18-525
United States
18 Jun 2019
Supreme Court Maximizes Statute Of Limitations For Relators Suing Under The False Claims Act
Health care providers, government contractors, and others who receive money from the federal government are at greater risk of suit under the False Claims Act (FCA),
United States
17 Jun 2019
Federal Circuit Scrutinizes Written Description In Provisional Application
Provisional applications tempt stakeholders with the possibility of securing a filing date on an expedited basis and limited budget,
United States
7 May 2019
Supreme Court Sidesteps Class Settlement Issue to Remand, Questioning Article III Standing Under Spokeo
On March 20, 2019, in Frank v. Gaos, 586 U.S. ___ (2019), the United States Supreme Court sidestepped a novel question regarding a cy pres class action settlement,
United States
3 May 2019
Wisconsin Supreme Court Clears The Path To The Courtroom For Member-Driven LLC Litigation
Wisconsin's Supreme Court issued an important decision last week in Marx v. Morris, 2019 WI 34, holding that "[c]orporate principles of derivative standing do not apply to the distinct business
United States
25 Apr 2019
A Summary Of Certain Recent Enforcement And Non-Enforcement Actions
On March 27th, the Supreme Court issued a 1934 Act Rule 10b-5 opinion that will have implications for sponsors of private funds and their placement agents.
United States
16 Apr 2019
PTAB – A Year In Review Of 2018 & A Look Ahead To 2019
2018 was a significant year at the PTAB, which included a pair of Supreme Court decisions, a landmark en banc ruling from the Court of Appeals for the Federal Circuit impacting judicial review of real party in interest...
United States
15 Apr 2019
Federal Circuit Finds Endo Method Of Treatment Claims Satisfy 35 USC 101
In Endo Pharmaceuticals Inc. v. Teva Pharmaceuticals USA, Inc., the Federal Circuit distinguished method of treatment claims that involve personalized dosing from the claims invalidated in Mayo v. Prometheus.
United States
12 Apr 2019
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