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Can any DNA claims still be patented?

  • Foley & Lardner LLP
  • -
  • USA
  • -
  • January 21 2015

In a decision issued December 17, 2014, in In Re BRCA1- And BRCA2-Based Hereditary Cancer Test Patent Litigation (Myriad II), the Federal Circuit

Supreme Court calls for some deference in claim construction standard of review

  • Foley & Lardner LLP
  • -
  • USA
  • -
  • January 22 2015

On January 20, 2015, the Supreme Court issued its decision in Teva Pharmaceuticals USA, Inc. v. Sandoz, Inc., finding that the Federal Rules of Civil

USPTO issues final Patent Term Adjustment rules under Novartis

  • Foley & Lardner LLP
  • -
  • USA
  • -
  • January 12 2015

The USPTO has published final Patent Term Adjustment (PTA) rules addressing the treatment of Requests for Continued Examination (RCEs) under the

Three patent issues to watch in 2015

  • Foley & Lardner LLP
  • -
  • USA
  • -
  • January 7 2015

Well, 2014 was a busy year in patent law, and it wasn't all good news for patent holders. The Supreme Court made 35 USC 101 a significant hurdle to

Federal Circuit finds "classic" reissue error

  • Foley & Lardner LLP
  • -
  • USA
  • -
  • January 8 2015

In Fleming v. Escort Inc., the Federal Circuit noted that the error on which Fleming's reissue patents were based was a "classic" type of error

Federal Circuit finds hole in “this” priority claim

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

In Medtronic CoreValve, LLC v. Edwards Lifesciences Corp., the Federal Circuit affirmed the district court's finding that the patent at issue was

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

Is there Supreme Court exclusive jurisdiction over patent inventorship disputes between state universities? Federal Circuit says no

  • Foley & Lardner LLP
  • -
  • USA
  • -
  • August 26 2013

In University Of Utah V. Max-Planck-Gesellschaft, the Federal Circuit was faced with deciding whether a patent inventorship dispute between two

Federal Circuit upholds Lyrica patents

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

In a non-precedential decision issued February 6, 2014, the Federal Circuit affirmed a district court decision that upheld the four Orange Book

Federal Circuit says secret prior art is prior art for all purposes

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

In Tyco Healthcare Group LP v. Ethicon Endo-Surgery, Inc., the Federal Circuit agreed with the district court that Ethicon's prototype constituted