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Industry Perspectives On The Biosimilar Patent Dance
  • Foley & Lardner LLP
  • USA
  • June 12 2017

The Supreme Court could issue its decision in the Amgen v. Sandoz biosimilar patent dance case any day now. Last week I participated in a panel


Non-Competes Can Cost You More Than A Job
  • Foley & Lardner LLP
  • USA
  • June 5 2017

Normally in this space we write about case developments after the case is decided. This time, though the story involves a mid-case development which


Recent Guidance from the Federal Circuit on the Doctrine of Equivalents in Cases Involving Chemical Compositions
  • Foley & Lardner LLP
  • USA
  • May 30 2017

In Mylan Institutional LLC, et al. V. Aurobindo Pharma Ltd., et al., Case No. 2017-1645, the Federal Circuit affirmed the district court’s grant of a


Final Disability Claims and Appeals Regulations - Be Prepared to Comply
  • Foley & Lardner LLP
  • USA
  • March 6 2017

In December 2016, the Department of Labor issued final regulations under ERISA governing claims procedures for group disability plans, which will


Another Joint Employer Test Makes Its Debut
  • Foley & Lardner LLP
  • USA
  • February 6 2017

On January 25, 2017, a federal appeals court that covers Maryland, Virginia, West Virginia, and North and South Carolina was the latest to craft a


USPTO Again Proposes To Revise Duty Of Disclosure In View Of Therasense
  • Foley & Lardner LLP
  • USA
  • October 31 2016

More than five years after the Federal Circuit’s en banc decision in Therasense and its first proposed rulemaking under that decision, the USPTO has


Supreme Court Implied False Certification Case Reargued to First Circuit
  • Foley & Lardner LLP
  • USA
  • October 27 2016

On Tuesday, October 25, 2016, a three-judge panel of the United States Court of Appeals for the First Circuit heard argument in United States ex rel


Federal Court Provides a $3 Million Reason to Comply with Duty to Preserve ESI
  • Foley & Lardner LLP
  • USA
  • August 29 2016

After years of decisions, the issues surrounding the preservation of electronically stored information (ESI) seem almost old hat. It is well known


Spoliation or Privacy “Right to be Forgotten”? - Google’s new service “My Activity” allows you to delete your history!
  • Foley & Lardner LLP
  • USA
  • July 11 2016

People should be thoughtful of using My Activity because destroying your Google history in litigation may lead to a claim of spoliation (destruction


A reminder from the Seventh Circuit on the importance of creating a record
  • Foley & Lardner LLP
  • USA
  • February 9 2015

When the court makes an evidentiary ruling off the record, it is required to enter on the record an explanation of the reasoning behind its decision