Searching Content indexed under Litigation, Mediation & Arbitration by Foley & Lardner ordered by Published Date Descending.
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USPTO To Tweak PTA Rules In View Of Supernus
In Supernus Pharmaceuticals, Inc. v. Iancu, the Federal Circuit held that the USPTO cannot charge a Patent Term Adjustment (PTA) deduction for "applicant delay"
United States
18 Oct 2019
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
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
Wisconsin Court Of Appeals Enforces Knowledge Requirement For Preference Claims
Wisconsin's Chapter 128 has long been something of a "wild west" of insolvency proceedings. Modeled on the provisions of the federal Bankruptcy Act of 1898,...
United States
20 Sep 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
Employers Beware: It's Once Again Time To Review Your Arbitration Agreements
We have been discussing arbitration agreements in the National Labor Relations Board (NLRB) context lately, particularly with respect to class action waivers.
United States
11 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In its non-precedential decision in INO Therapeutics LLC v. Praxair Distribution Inc., the Federal Circuit agreed with the district court that method of treatment claims reciting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
NLRB Holds That Employers May Modify Arbitration Agreements, Threaten Workers To Sign After Commencement Of Class Action Lawsuit
As we have previously written, the issue of employment arbitration agreements and their effect on class action matters has been an area of significant evolution over the years.
United States
28 Aug 2019
Opioid MDL Judge Considers Request To Certify Unprecedented Nationwide Class Of Government Entities To Negotiate Settlement
While drug manufacturers have declined to take a position on the local government plaintiffs' motion for class certification, drug distributors have opposed plaintiffs' motion.
United States
23 Aug 2019
First Published Wisconsin Appellate Opinion Applying New Class Action Rule
In 2017, the Wisconsin Supreme Court adopted a new class action rule, modeled after Fed. R. Civ. P. 23, with the avowed purpose of aligning state class-action practice with the federal practice and encouraging resort...
United States
22 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
Real Estate Industry Facing Threat Of New TCPA Class Actions
Real estate businesses should be aware that they may be the target of new class action lawsuits under the Telephone Consumer Protection Act ("TCPA")
United States
9 Aug 2019
Mexican Legal Hot Topics
With the new administration of President Andrés Manuel Lopez Obrador, Mexico is currently facing numerous political and economic changes.
5 Aug 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
En Banc Ninth Circuit Clarifies That Settlement Classes Are Not Held To Same Standard As Litigated Classes
Sometimes, the strict rules governing certification of a class action under Federal Rule of Civil Procedure 23 can actually hinder settlement of a class, even if the parties agree that this is the best result.
United States
21 Jun 2019
U.S. Government Cannot Bring AIA Patent Challenges
On June 10, 2019, the U.S. Supreme Court held that the U.S. government cannot challenge the validity of a U.S. patent in any AIA review proceeding.
United States
19 Jun 2019
Facing A Class Action Complaint As A Third-Party Defendant? Time To Get Comfortable In State Court
From the class action defense perspective, companies and counsel alike are almost always looking for an angle to move a state-filed putative class action to the more rigorous environment of the federal courts.
United States
19 Jun 2019
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