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Foley & Lardner LLP | USA | 6 Feb 2018
PTAB Enters Sua Sponte Patent Eligibility Rejections
We’ve written previously about ex parte decisions of the Patent Trial and Appeal Board (PTAB) affirming patent eligibility rejections that seem to be…
Foley & Lardner LLP | USA | 30 Jan 2018
Federal Circuit Emphasizes Need For Reasonable Expectation Of Success
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…
Foley & Lardner LLP | USA | 23 Jan 2018
Three Things To Know About Rule 130 Declarations
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…
Foley & Lardner LLP | USA | 18 Jan 2018
How Much Is That Issue Fee Payment In The Window?
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…
Foley & Lardner LLP | USA | 9 Jan 2018
Prosecution History Informs Claim Meaning Even Without Unmistakable Disclaimer
Although non-precedential, the Federal Circuit decision in Aptalis Pharmatech, Inc. v. Apotex Inc. is worth a read to see how the court “tiptoes” the…
Foley & Lardner LLP | USA | 2 Jan 2018
New Year's Resolutions For The U.S. Patent System
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…
Foley & Lardner LLP | USA | 19 Dec 2017
Federal Circuit Finds Preemption Of State Law Penalty For Sitting Out Biosimilar Patent Dance
The Federal Circuit has issued its final decision in the biosimilar patent litigation between Amgen and Sandoz over the first product to be approved…
Foley & Lardner LLP | USA | 19 Dec 2017
Federal Circuit Finds Preemption Of State Law Penalty For Sitting Out Biosimilar Patent Dance
The Federal Circuit has issued its final decision in the biosimilar patent litigation between Amgen and Sandoz over the first product to be approved…
Foley & Lardner LLP | USA | 28 Nov 2017
Canada Provides More Guidance On Patent Eligibility Of Diagnostic Method Claims
While the patent eligibility of diagnostic method claims remains questionable in the United States, the Canadian Intellectual Property Office has…
Foley & Lardner LLP | USA | 20 Nov 2017
USPTO Patent Fees To Go Up January 2018
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%…
