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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


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


Angiomax Patents Limited To Example
  • Foley & Lardner LLP
  • USA
  • April 18 2017

In The Medicines Co. v. Mylan, Inc., the Federal Circuit construed composition claims of two Angiomax patents as requiring the recited “batches” to


Purdue OxyContin Patents Invalid Despite Stemming From Discovery Of Source Of Toxic Impurity
  • Foley & Lardner LLP
  • USA
  • February 2 2016

In Purdue Pharma L.P. v. Epic Pharma LLC, the Federal Circuit affirmed the district court decision holding four OxyContin patents invalid as obvious


No Nexus For Novartis Gilenya Patent
  • Foley & Lardner LLP
  • USA
  • April 25 2017

In Novartis AG v. Torrent Pharmaceuticals Ltd., the Federal Circuit affirmed the decision of the USPTO Patent Trial and Appeal Board (PTAB


Dispelling the Myriad gene patent harmonization myth
  • Foley & Lardner LLP
  • Australia, Canada, European Union, France, Germany, Japan, USA
  • April 30 2013

In the wake of the Supreme Court oral arguments in the Myriad "gene patent" case, most commentators are predicting that the Court will uphold the


How Will The Supreme Court Choreograph The Biosimilar Patent Dance?
  • Foley & Lardner LLP
  • USA
  • May 2 2017

On April 26, 2017, the Supreme Court heard oral arguments in Amgen v. Sandoz, where the parties have asked the Court to interpret two of the


Lumigan patents upheld by unexpected results
  • Foley & Lardner LLP
  • USA
  • August 11 2015

In Allergan, Inc. v. Sandoz, Inc., the Federal Circuit affirmed the district court decision that upheld the validity of the Allergan patents relating


Swearing Behind A Reference With Reasonably Continuous Diligence
  • Foley & Lardner LLP
  • USA
  • November 16 2016

In Perfect Surgical Techniques, Inc. v. Olympus America, Inc., the Federal Circuit vacated and remanded a USPTO Patent Trial and Appeal Board


Simultaneous invention as secondary evidence of obviousness
  • Foley & Lardner LLP
  • USA
  • July 21 2015

I do not usually write about non-precedential Federal Circuit decisions, but I could not let the discussion of “simultaneous invention” in Columbia