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Results: 1-10 of 350

USPTO Sued Over December 2015 Holidays
  • Foley & Lardner LLP
  • USA
  • August 18 2016

Elm 3DS Innovations, LLC has sued the USPTO in the U.S. District Court for the Eastern District of Virginia to challenge its authority to declare that


Construing Markush Group Claims
  • Foley & Lardner LLP
  • USA
  • August 16 2016

In Multilayer Stretch Cling Film v. Berry Plastics, the Federal Circuit provided a detailed discussion of the construction of claims that use Markush


Federal Circuit Affirms Tygacil Formulation Patent
  • Foley & Lardner LLP
  • USA
  • August 23 2016

In Apotex, Inc. v. Wyeth LLC, the Federal Circuit affirmed the decision of the USPTO Patent Trial and Appeal Board (PTAB) finding that Apotex had


Construing Markush Group Claims
  • Foley & Lardner LLP
  • USA
  • August 16 2016

In Multilayer Stretch Cling Film v. Berry Plastics, the Federal Circuit provided a detailed discussion of the construction of claims that use Markush


Unanimous Supreme Court invalidates Prometheus personalized medicine claims
  • Foley & Lardner LLP
  • USA
  • March 20 2012

On March 20, 2012, in Mayo Collaborative Services et al. v. Prometheus Laboratories, Inc., No. 10-1150 (S. Ct. 2012), the Supreme Court held that claims directed to methods of optimizing the dose of specific drugs used in the treatment of specific conditions are invalid under 35 U.S.C. 101 because they impermissibly claim laws of nature


Janssen Seeks Injunction Against Remicade Biosimilar Based On Cell Culture Patent
  • Foley & Lardner LLP
  • USA
  • July 14 2016

In a complaint filed June 14, 2016, Janssen Biotech Inc. seeks a preliminary injunction that would bar Celltrion and Hospira from selling the


USPTO Patent Eligibility Guidance In View Of CellzDirect And Sequenom
  • Foley & Lardner LLP
  • USA
  • July 18 2016

On July 14, 2016, the USPTO issued a Memorandum to the Patent Examining Corps on patent eligibility in view of recent court decisions. The July 2016


Obviousness versus obviousness-type double patenting
  • Foley & Lardner LLP
  • USA
  • November 24 2015

In Prometheus Laboratories, Inc. v. Roxane Laboratories, Inc., the Federal Circuit affirmed the district court's finding that Prometheus' claims were


Divided infringement between doctor and patient
  • Foley & Lardner LLP
  • USA
  • October 1 2015

Recent jurisprudence on the issue of divided infringement has arisen in the context of computer-related Technologies, where a user or customer


Federal Circuit Requires 180 Day Notice For All Biosimilars, Even After Patent Dance
  • Foley & Lardner LLP
  • USA
  • July 6 2016

In Amgen v. Apotex, the Federal Circuit rejected Apotex's arguments that the 180-day pre-marketing notice requirement does not apply to biosimilar