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PTAB Enters Sua Sponte Patent Eligibility Rejections
  • Foley & Lardner LLP
  • USA
  • February 6 2018

We’ve written previously about ex parte decisions of the Patent Trial and Appeal Board (PTAB) affirming patent eligibility rejections that seem to be


Federal Circuit Emphasizes Need For Reasonable Expectation Of Success
  • Foley & Lardner LLP
  • USA
  • January 30 2018

In Genzyme Corp. v. Dr. Reddy’s Labs. Ltd., the Federal Circuit affirmed the district court decision upholding Genzyme’s Orange Book listed patent for


Three Things To Know About Rule 130 Declarations
  • Foley & Lardner LLP
  • USA
  • January 23 2018

A few weeks ago I joined Kathleen Fonda, Ph.D., J.D., Senior Legal Advisor in the USPTO’s Office of Patent Legal Administration, and Gary Ganzi, J.D


How Much Is That Issue Fee Payment In The Window?
  • Foley & Lardner LLP
  • USA
  • January 18 2018

A new USPTO fee schedule took effect on January 16, 2018, which usually means that all fees must be paid at the new (higher) rate. However, thanks to


Prosecution History Informs Claim Meaning Even Without Unmistakable Disclaimer
  • Foley & Lardner LLP
  • USA
  • January 9 2018

Although non-precedential, the Federal Circuit decision in Aptalis Pharmatech, Inc. v. Apotex Inc. is worth a read to see how the court “tiptoes” the


New Year's Resolutions For The U.S. Patent System
  • Foley & Lardner LLP
  • USA
  • January 2 2018

It’s that time of year when we make resolutions to improve our health, our relationships, our careers, or other areas of our lives. I’m not starting


Federal Circuit Finds Preemption Of State Law Penalty For Sitting Out Biosimilar Patent Dance
  • Foley & Lardner LLP
  • USA
  • December 19 2017

The Federal Circuit has issued its final decision in the biosimilar patent litigation between Amgen and Sandoz over the first product to be approved


Federal Circuit Finds Preemption Of State Law Penalty For Sitting Out Biosimilar Patent Dance
  • Foley & Lardner LLP
  • USA
  • December 19 2017

The Federal Circuit has issued its final decision in the biosimilar patent litigation between Amgen and Sandoz over the first product to be approved


Canada Provides More Guidance On Patent Eligibility Of Diagnostic Method Claims
  • Foley & Lardner LLP
  • USA
  • November 28 2017

While the patent eligibility of diagnostic method claims remains questionable in the United States, the Canadian Intellectual Property Office has


USPTO Patent Fees To Go Up January 2018
  • Foley & Lardner LLP
  • USA
  • November 20 2017

While Congress is trying to pass a tax reform bill that would cut corporate taxes, USPTO patent fees will increase effective January 16, 2018. The 72