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CAFC Says Functional Claim Language Does Not Create Divided Infringement
  • Foley & Lardner LLP
  • USA
  • September 20 2016

In LifeNet Health v. LifeCell Corporation, one of the many issues the Federal Circuit decided was that functional claim language did not create a


Magistrate Judge Nixes TB Test Kit Claims
  • Foley & Lardner LLP
  • USA
  • September 13 2016

In a "Report and Recommendation on Defendants' Joint Motion To Dismiss," U.S. Magistrate Judge Cabell of the U.S. District Court for the District of


District Court Upholds Eligibility Of Personalized Medicine Method Claims For FANAPT
  • Foley & Lardner LLP
  • USA
  • September 6 2016

In Vanda Pharmaceuticals Inc. v. Roxane Labs., Inc., Judge Stark of the U.S. District Court for the District of Delaware upheld the patent


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


Patent Term Adjustment Versus Double Patenting
  • Foley & Lardner LLP
  • USA
  • February 25 2016

In Magna Electronics, Inc. v. TRW Automotive Holdings Corp., No. 1:12-cv-654; 1:13-cv-324 (Dec. 10, 2015), Judge Maloney of the U.S. District Court


Federal Circuit finds no written description support for Novozymes amylase patent
  • Foley & Lardner LLP
  • USA
  • July 25 2013

In Novozymes AS v. DuPont Nutrition Biosciences APS, the Federal Circuit determined that the Novozymes amylase patent at issue did not satisfy the


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


Patent term adjustment - challenging applicant delays
  • Foley & Lardner LLP
  • USA
  • March 22 2011

Hoffman-La Roche Inc. and Morphosys AG are among the latest patent holders to file a Patent Term Adjustment (PTA) action against the USPTO


Supreme Court Declines to Review Sequenom Ruling
  • Foley & Lardner LLP
  • USA
  • June 27 2016

The U.S. Supreme Court has denied certiorari in Sequenom, Inc. v. Ariosa Diagnostics, Inc. (No. 15-1182), declining to review the Federal Circuit’s


Methods Exploiting Junk DNA May Be Useful But Lack Patent Eligibility
  • Foley & Lardner LLP
  • USA
  • April 11 2016

Striking another blow against patent eligibility in the field of biotechnology, the Federal Circuit agreed with the district court that methods that