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Supreme Court Grants Cert In SAS To Decide Required Scope Of PTAB Decision
  • Foley & Lardner LLP
  • USA
  • May 23 2017

On May 22, 2017, the Supreme Court granted certiorari in SAS Institute, Inc. v. Lee, where it has been asked to decide whether the PTAB is


CAFC Finds ANDA Infringement Despite Differences Between FDA Labeling And Claim Language
  • Foley & Lardner LLP
  • USA
  • May 23 2017

In a non-precedential decision issued in Braintree Labs., Inc. v. Breckenridge Pharmaceutical, Inc., the Federal Circuit reversed the district


The Supreme Court Reverses Decades-Old Venue Precedent and Re-affirms Fourco
  • Foley & Lardner LLP
  • USA
  • May 22 2017

Setting up a major shift in patent litigation, the Supreme Court in T.C. Heartland LLC v. Kraft Foods Group Brands LLC, today rejected the


Federal Circuit’s Primer on Equivalence Infringement of Chemical Process Patents
  • Foley & Lardner LLP
  • USA
  • May 21 2017

In an appeal characterized as “unusual,” the Federal Circuit affirmed the grant of a preliminary injunction, holding it likely that plaintiff patent


USPTO Patent Term Adjustment Error Costs Patent Owners Time And Money
  • Foley & Lardner LLP
  • USA
  • May 16 2017

The USPTO appears to have dropped its plans to overhaul the Information Disclosure Statement (IDS) process, but that’s no excuse for its failure to


Key Trends In Pharmaceutical IPRs Filed By Generic Petitioners
  • Foley & Lardner LLP
  • USA
  • May 15 2017

We reviewed a sub-group of two hundred and four (204) IPRs filed by generic drug companies against pharmaceutical patents to assess PTAB outcomes and


Is The Real IPR Institution Rate Higher When Petitioner Errors & Pre-Institution Settlements Are Considered?
  • Foley & Lardner LLP
  • USA
  • May 10 2017

We have previously noted that the increasing rate of pre-institution settlement may in part be responsible for the declining institution rate in IPR


Are Secret Sales Prior Art Under The AIA?
  • Foley & Lardner LLP
  • USA
  • May 9 2017

In Helsinn Healthcare S.A. V. Teva Pharmaceuticals USA, Inc., the Federal Circuit found that a publicly-announced “Supply and Purchase” agreement


Par’s Hatch-Waxman Claims Too Speculative and Discovery Requests Too Broad
  • Foley & Lardner LLP
  • USA
  • May 4 2017

The recent decision from the New Jersey District Court in Par Pharmaceutical, Inc. v. Luitpold Pharmaceuticals, Inc., Civ. No. 16-02290 (WHW)(CLW) (D


5 Measures International Auto Companies Can Take to Avoid Being Named in an ITC Complaint
  • Foley & Lardner LLP
  • USA
  • May 4 2017

The Automotive Industry is international. That’s no secret. It crosses continents in its industry shows and its proud place in furious pop-culture