Searching Content indexed under Patent by Foley & Lardner ordered by Published Date Descending.
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Service In Dismissed Infringement Cases Can Still Bar IPR Institution
The PTAB recently designated two decisions interpreting 35 U.S.C. § 315(b) as precedential. Each decision applies the Federal Circuit's literalist interpretation of § 315(b) ...
United States
10 Oct 2019
A Patent-Eligible Diagnostic Method Claim
On Friday I will be speaking at the AUTM Eastern Regional Meeting, on a panel discussing patent eligibility issues for life sciences inventions. My topic relates to what the USPTO refers to ...
United States
10 Oct 2019
RCE PTA Carve-Out Resumes After Interference
In Mayo Foundation for Medical Education and Research v. Iancu, the Federal Circuit agreed with the USPTO's Patent Term Adjustment (PTA) calculation that excluded prosecution.
United States
8 Oct 2019
After-Final Response Does Not Stop PTA Clock
In Intra-Cellular Therapies, Inc. v. Iancu, the Federal Circuit agreed with the USPTO's Patent Term Adjustment (PTA) calculation that charged a deduction for "applicant delay"...
United States
1 Oct 2019
District Court Sheds Light On Scope Of IPR Estoppel
One area of estoppel arising from an unsuccessful AIA petition that remains poorly understood relates to prior art that is described both in a printed publication
United States
20 Sep 2019
Personalized Therapy Patent Falls As Patent-Ineligible
In a non-precedential opinion, the Federal Circuit held as patent-ineligible patent claims to personalized therapy to treat patients who would benefit from inhaled nitric oxide treatment
United States
12 Sep 2019
Automotive Markettrends | September 2019, Issue 3
Welcome to the latest edition of Foley's Automotive MarketTrends newsletter, which continues to highlight key trends in the industry. In this issue,
United States
12 Sep 2019
Walmart Gets A Patent For Using Crypto, Which May Be A Game Changer For Retail! reported that in "…early August 2019, Walmart announced it had published a patent for a methodology for using stable coins and distributed ledger technology to eliminate the need for credit cards, ...
United States
6 Sep 2019
Statements Of Efficacy And Safety Material Claim Limitations
In Allergan Sales, LLC v. Sandoz, Inc., (Fed. Cir. 2018-2207, Aug. 29, 2019), the Federal Circuit held that "wherein" clauses in a patent claim were limitations
United States
4 Sep 2019
Federal Circuit Finds Method Withholding Treatment Ineligible For Patenting
In its non-precedential decision in INO Therapeutics LLC v. Praxair Distribution Inc., the Federal Circuit agreed with the district court that method of treatment claims reciting "excluding"
United States
4 Sep 2019
Federal Circuit Contrives Substantially Similar Written Description Test
In contrast to its decision in Nuvo Pharmaceuticals, Inc. v. Dr. Reddy's Laboratories Inc., which seemed to impose a higher standard for satisfying the written description requirement
United States
28 Aug 2019
Doctrine Of Equivalents Not Barred By Claim Amendments
Recent Federal Circuit decisions demonstrate that the doctrine of equivalents is alive and well, and not always barred by claim amendments. In both Ajinomoto Co. v. ITC and Eli Lilly and Co. v. Hospira, Inc., the Federal...
United States
21 Aug 2019
Federal Circuit Agrees Genotyping Method Is Not Eligible For Patenting
In Genetic Veterinary Sciences, Inc. v. Laboklin GMBH & Co., the Federal Circuit upheld the district court decision that held claims directed to methods for genotyping a Labrador Retriever
United States
14 Aug 2019
USPTO Proposes Fee Hikes And New Fees
The USPTO has taken another major step in the fee-setting process for fee adjustments it expects to implement in January 2021, and published the proposed fees in the Federal Register.
United States
8 Aug 2019
Hedging Against An Uncertain Timeline For AV Market Adoption
While the automotive industry as a whole may be experiencing stagnant or declining growth, a new wave of collaboration has washed over the automotive industry in the first half of 2019.
United States
26 Jul 2019
Australia Holds The Line On Patent Eligibility Of Diagnostic Methods
In a decision underscoring that the U.S. stands (nearly) alone in holding most diagnostic methods to be not eligible for patenting, the Federal Court of Australia upheld Sequenom's Australian patent directed to prenatal diagnostic methods that involve detecting fetal DNA in maternal blood samples.
26 Jul 2019
Does The U.S. Need STRONGER Patents?
Last week Senators Chris Coons (D-Del.) and Tom Cotton (R-Ark.) and Representative Steve Stivers (R-Ohio) and Bill Foster (D-Ill.) reintroduced the STRONGER Patents Act, originally introduced in 2017.
United States
22 Jul 2019
Automotive Market Intelligence
The pace of innovation in the electric, autonomous, and connected vehicle space is staggering. These innovations relate to advanced sensors, radar and LiDAR,
United States
17 Jul 2019
Buyer Beware: Post-Facto Mergers A New Potential IPR Killer
Overturning prior PTAB precedent, the Federal Circuit has now held that post-facto business mergers that create a new RPI trigger the one-year bar date for filing IPR petitions on patents asserted in litigation...
United States
10 Jul 2019
Federal Circuit Agrees "Pharmaceutical Composition" May Be Toxic
The claim construction determinations in Mayne Pharma International Pty. Ltd. V. Merck Sharp & Dohme Corp. may leave stakeholders in the pharmaceutical space scratching their heads
United States
8 Jul 2019
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