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CAFC Affirms Finacea Gel Infringement Under Doctrine Of Equivalents
  • Foley & Lardner LLP
  • USA
  • May 24 2016

In Intendis GmbH v. Glenmark Pharmaceuticals Inc., USA, the Federal Circuit affirmed the district court decision that found infringement under the


Amgen And Sandoz Do The Biosimilar Patent Dance Over Neulasta
  • Foley & Lardner LLP
  • USA
  • May 17 2016

Amgen Inc. has filed a complaint under the Biologics Price Competition and Innovation Act (BPCIA), asserting that a biosimilar application filed by


DOJ Files IPR Petitions Against Discovery Patents
  • Foley & Lardner LLP
  • USA
  • May 17 2016

The U.S. Department of Justice (DOJ) filed six petitions for inter partes review (IPR) of three patents assigned to Discovery Patents, LLC. The


It’s a Jungle Out There: A Reexamination Certificate Containing Amended Claims May Be Insufficient to Vacate a Prior Judgment of Invalidity
  • Foley & Lardner LLP
  • USA
  • May 16 2016

In a case with a unique procedural history the Federal Circuit addressed whether claims amended during an ex parte reexamination proceeding required


New USPTO Guidance On Patent Eligibility Of Diagnostic Methods
  • Foley & Lardner LLP
  • USA
  • May 9 2016

The patent eligibility examples published by the USPTO on May 5, 2016 include two new examples relating to diagnostic methods and two new examples


District Court Applies Mayo To Treatment Claims But Denies Motion To Dismiss BMS Keytruda Litigation
  • Foley & Lardner LLP
  • USA
  • May 3 2016

The U.S. District Court for the District of Delaware accepted Merck's arguments that method of treatment patents asserted by BMS against its Keytruda


Having A Bad Hair Day? The Federal Circuit Agrees That Method Of Cutting Hair Is Invalid Under 101
  • Foley & Lardner LLP
  • USA
  • April 28 2016

While I do not usually write about non-precedential decisions, In re: Brown caught my eye as an interesting patent eligibility case. It does not


Reading The Cuozzo Tea Leaves: Best Practices Pending The Supreme Court's Decision
  • Foley & Lardner LLP
  • USA
  • April 27 2016

The Supreme Court of the United States heard oral argument today on claim construction in inter parte review (IPR) proceedings and the reviewability


Will The Celsis Appeal Put An End To 101 Rejections Of Laboratory Method Claims?
  • Foley & Lardner LLP
  • USA
  • April 26 2016

On April 5, 2016, the Federal Circuit heard oral arguments in Rapid Litigation Mgmt. Ltd. v. CellzDirect Inc., where the U.S. District Court for the


Can Foreign Sales Infringe U.S. Patents?
  • Foley & Lardner LLP
  • USA
  • April 21 2016

It is a deceptively simple question with a not so simple answer. A purely foreign transaction is certainly beyond the reach of U.S. patent law, but