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Results: 1-10 of 238

Federal Circuit judges disagree on use of post filing date evidence of nonobviousness

  • Foley & Lardner LLP
  • -
  • USA
  • -
  • October 21 2014

On October 20, 2014, the Federal Circuit issued an order denying the petition for rehearing or rehearing en banc filed in Bristol-Meyers Squibb Co. v

Federal Circuit jurisdiction over patent contract disputes

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

Federal Circuit hears arguments in other Myriad gene patents case

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

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

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

Federal Circuit upholds inequitable conduct post Therasense for withheld information

  • Foley & Lardner LLP
  • -
  • USA
  • -
  • October 2 2014

In American Calcar, Inc. v. American Honda Motor Co., the Federal Circuit upheld the district court’s finding that three Calcar patents are

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 applies "searching review" of stay pending CBM proceeding

  • Foley & Lardner LLP
  • -
  • USA
  • -
  • September 29 2014

In Benefit Funding Systems, LLC v. Advance America Cash Advance Centers, Inc., the Federal Circuit upheld the district court's decision to stay

Federal Circuit upholds declaratory judgment jurisdiction over subsequent ANDA litigation

  • Foley & Lardner LLP
  • -
  • USA
  • -
  • May 15 2012

In Dey Pharma, LP v. Sunovion Pharmaceuticals, Inc., the Federal Circuit affirmed the district court’s determination that it could exercise jurisdiction over a declaratory judgment action brought by a subsequent ANDA filer

Supreme Court oral arguments in ACLU Myriad gene patent case

  • Foley & Lardner LLP
  • -
  • USA
  • -
  • April 15 2013

On April 15, 2013, the Supreme Court heard oral arguments in one of the most controversial and publicized biotech patent cases-the "ACLUMyriad" gene