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Results: 1-10 of 91

Nondiscrimination rules delayed for insured health plans
  • Kilpatrick Townsend & Stockton LLP
  • USA
  • January 1 2011

The Affordable Care Act imposes, for the first time, nondiscrimination rules on non-grandfathered, insured group health plans similar to those that apply to self-insured plans under Section 105(h) of the Internal Revenue Code (the Code


Medical syringe company finds competitors’ mark a sticking point; pricks its ire
  • Kilpatrick Townsend & Stockton LLP
  • USA
  • August 21 2012

In DuoProSS Meditech Corp. v. Inviro Medical Devices, Ltd., No 2012-1050, 2012 WL 3292920 (Fed. Cir. Aug. 14, 2012), the U.S. Court of Appeals for the Federal Circuit ruled that the Trademark Trial and Appeal Board erred in failing to cancel two trademark registrations for medical syringes designed to be broken so they could not be reused


Supreme Court decision to drop on Thursday
  • Kilpatrick Townsend & Stockton LLP
  • USA
  • June 25 2012

This morning the Supreme Court issued its ruling on the constitutionally of Arizona’s new immigration law


11th Circuit upholds Broward County
  • Kilpatrick Townsend & Stockton LLP
  • USA
  • August 21 2012

Yesterday, the US Court of Appeals for the 11th Circuit upheld summary judgment in favor of the employer in Seff v. Broward County


Drafting biotechnology process claims in light of Bilski
  • Kilpatrick Townsend & Stockton LLP
  • USA
  • July 8 2010

Should biotechnology process claims be drafted differently in light of the recent Supreme Court decision in Bilski v. Kappos?


TTAB rules that fraud in less than all classes does not warrant cancellation of multi-class registration in toto
  • Kilpatrick Townsend & Stockton LLP
  • USA
  • February 11 2009

On January 29, 2009, the Trademark Trial and Appeal Board (“TTAB”) of the United States Patent and Trademark Office answered a significant open question in the post-Medinol era, namely, whether a finding of fraud with regard to fewer than all International Classes in a multi-Class trademark registration requires cancellation of the entire registration or whether cancellation will be limited to all goodsservices in the Class in which fraud is found


Medical treatment and diagnostic claims are patentable
  • Kilpatrick Townsend & Stockton LLP
  • USA
  • September 18 2009

The Federal Circuit has calmed some anxiety over the patentability of medical diagnostic methods under 35 U.S.C. 101 with its decision in Prometheus Laboratories, Inc. v. Mayo Collaborative Services, holding that some method of treatment and diagnostic methods are indeed patentable subject matter


Separate written description? Oral arguments in en banc rehearing of Ariad v. Lilly
  • Kilpatrick Townsend & Stockton LLP
  • USA
  • December 8 2009

The U.S. Court of Appeals for the Federal Circuit heard oral arguments on December 7 in its en banc rehearing of Ariad Pharmaceuticals Inc. v. Eli Lilly & Co., Fed. Cir., No. 2008-1248


Reversal based on obviousness potentially impacts patent rights of stem cell technology
  • Kilpatrick Townsend & Stockton LLP
  • USA
  • May 11 2010

In a decision potentially affecting the ability of biotechnology companies and research institutions to obtain and maintain patent rights concerning stem cell technology, the United States Patent and Trademark Office’s Board of Patent Appeals and Interferences (“BPAI”) recently rejected the claims of U.S. Patent Number 7,029,913 (the “‘913 Patent”) directed to human embryonic stem cell lines


Federal circuit applies ariad analysis to dna and protein claims in interference
  • Kilpatrick Townsend & Stockton LLP
  • USA
  • September 21 2010

The written description requirement of 35 U.S.C. 112 can play a critical role in interferences as well as patent prosecution and litigation