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Results: 1-10 of 229

First post grant review petition shows that amending claims is not child's play

  • Foley & Lardner LLP
  • -
  • USA
  • -
  • August 11 2014

The first Post Grant Review petition visible to the public was filed August 5, 2014, against U.S. Patent 8,684,420. The patent was granted from an

Federal Circuit finds that FDA citizen petition could give rise to antitrust liability

  • Foley & Lardner LLP
  • -
  • USA
  • -
  • August 7 2014

In Tyco Healthcare Group LP v. Mutual Pharmaceutical Co., Inc., the Federal Circuit remanded-in-part for the district court to determine whether

Federal Circuit holds that even functional claims require structural fence posts

  • Foley & Lardner LLP
  • -
  • USA
  • -
  • 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

Federal Circuit finds obviousness-type double patenting without common ownership

  • Foley & Lardner LLP
  • -
  • USA
  • -
  • March 12 2013

Obviousness-type double patenting usually arises between commonly-owned patents or patent applications. While the USPTO has interpreted the

Comments on patent subject matter eligibility guidance due by July 31

  • Foley & Lardner LLP
  • -
  • USA
  • -
  • July 28 2014

This week brings the July 31, 2014 deadline for submitting written comments on two USPTO patent subject matter eligibility guidance documents: The

Why are method of treatment claims and method of manufacture claims subject to scrutiny under the USPTO patent subject matter eligibility guidance?

  • Foley & Lardner LLP
  • -
  • USA
  • -
  • July 15 2014

The USPTO has asked for written comments on its patent subject matter eligibility guidance by July 31, 2014. In this article, I discuss why

Dispelling the Myriad gene patent harmonization myth

  • Foley & Lardner LLP
  • -
  • Australia, Canada, European Union, France, Germany, Japan, USA
  • -
  • April 30 2013

In the wake of the Supreme Court oral arguments in the Myriad "gene patent" case, most commentators are predicting that the Court will uphold the

Federal Circuit finds material withholdings and misreprestations to support inequitable conduct

  • Foley & Lardner LLP
  • -
  • USA
  • -
  • November 18 2013

In Ohio Willow Wood Co. v. Alps South, LLC, the Federal Circuit found that Ohio Willow Wood had both withheld material information and made material

Federal Circuit applies “four corners” test for incorporation by reference to support priority date

  • Foley & Lardner LLP
  • -
  • USA
  • -
  • June 12 2012

In Hollmer v. Harari, the Federal Circuit clarified the requirements for incorporation by reference of subject matter required to support a priority claim under 35 USC 120

Supreme Court affirms Hyatt, confirms availability of new evidence, de novo review in section 145 actions

  • Foley & Lardner LLP
  • -
  • USA
  • -
  • April 18 2012

On April 18, 2012, the U.S. Supreme Court decided Kappos v. Hyatt, which raised questions regarding the ability to introduce new evidence and the applicable standard of review when a patent applicant challenges the USPTO’s refusal to grant a patent in a district court proceeding under 35 USC 145 (“Civil Action to Obtain a Patent”