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U.S.-Centered Negotiations for Product Made and Sold Outside United States Do Not Constitute Sale or Offer for Sale in United...

Halo Elecs., Inc. v. Pulse Elecs., Inc. and Pulse Elecs. Corp. - In a case exploring the limits of what constitutes a sale or offer for sale “within the United States” under 35 U.S.C. § 271(a), the U.S. Court of...more

A Brief Synopsis of the Issues Confronting the Federal Circuit in the En Banc Rehearing of Suprema, Inc. v. ITC

On February 5, 2015 the en banc Federal Circuit will hear oral argument in the matter of Suprema, Inc. v. ITC.1 This rehearing reviews the controversial Federal Circuit opinion holding that “an exclusion order based on a...more

How the Kirtsaeng Decision Could Ruin the U.S. Branded Drug Industry

The Constitution gives Congress the power to grant copyright and patent protection in the same part of Article I, specifically in Section 8, Clause 8...more

Seeds Worth More than Gold

Plant Breeders are Learning the Value of Protecting Their Inventions - Agricultural espionage: it’s not exactly the stuff of John le Carré novels. But recently a Chinese woman was charged in a plot to steal U.S. corn...more

Federal Circuit Review - November 2014

Japan Airlines Activities For US Government Cannot Infringe - In IRIS CORP. v. JAPAN AIRLINES CORP., Appeal No. 2010-1051, the Federal Circuit affirmed a decision to dismiss due to a conflict of laws. IRIS owns...more

The USPTO Is Off-Key With International Patent Law Harmonization

As a leader in science, technology and innovation, the United States long has played a central role in global intellectual property matters. As the world’s largest economy, the United States has played a central role in trade...more

BIO IPCC Panel Discusses Impact of Myriad-Mayo Guidance

Yesterday, we reported on a session of the Biotechnology Industry Organization (BIO) Intellectual Property Counsel's Committee fall conference, which took place earlier this week in Nashville, TN, in which the U.S. Patent and...more

Israel, Finland and the US top the Global Cleantech Innovation Index 2014

The Global Cleantech Innovation Index 2014 reports that Israel, Finland and the US provide the best political, social and financial conditions to cultivate cleantech innovation and commercialisation over the next 10 years....more

Justice Hammers International Trade Secrets Hackers

A recent Justice Department reorganization of its National Security Division concentrates resources on fighting state-sponsored economic espionage and corporate theft of trade secrets. These strategic changes focus on...more

Beyond Borders: The Power to Block the International Flow of Digital Files

With the advance of digital technology, courts are being forced to deal with the legal ramifications beyond the borders of the United States. In a previous post, we discussed the potential impact of the decision in Motorola...more

ITC Section 337 Update – October 2014 #2

Appellee Commission and Intervenor Cross Match Submit Briefs Supporting Overturning Federal Circuit Split Panel Decision in Suprema – On October 15, 2014, Appellee Commission filed an En Banc Brief and Intervenor Cross Match...more

Fan pages and social media – who shall be blamed?

Internet liability are increasingly tested with the growth of social media. And we receive a large number of requests of advice from clients running a fan page, a group or a list on social networks dedicated to either their...more

Counterfeit Goods: Has the War on ISPs Just Gotten Tougher?

The pressure on ISPs to take responsibility for the sites accessible through their services has been growing in recent years (e.g., the requirement for certain ISPs to block filesharing sites). On October 17, 2014, the High...more

Speeding Construction of Your Company’s ‘Great Wall’: Protecting Green Technology in China with Utility Models

The Economist recently reported on a World Intellectual Property Organization study that the number of Chinese patents filed abroad is rising. China’s patent office was the busiest in the world in 2012. Coupled with this...more

IP Newsflash - October 2014 #4

U.S.I.T.C. May Not Issue Exclusionary Order Due to Induced Infringement When Direct Infringement Occurs Only After Importation - In a panel decision, the Court of Appeals for the Federal Circuit reversed a United...more

Website Blocking Orders - A New Tool in the Fight Against Online Trade in Counterfeit Goods

There are many ways in which online trade in counterfeit goods can be tackled. Unfortunately, they are often ineffective and in many cases expensive. ...more

All-In@EiG 2014 Co-ordinated Advice on a Global Scale

In This Issue: 1. Welcome to EiG 2014 2. Europe: Gaming in the Cloud 3. Risk – What’s Your Appetite? 4. Japan: Current Status of Casino Legalization 5. Poland: Overview of Expected Changes 6. Patents on...more

GPhA Issues Statement Regarding Proposed IP Provisions of Trans-Pacific Partnership Agreement

The Generic Pharmaceutical Association (GPhA) issued a statement today regarding ongoing talks between major Pacific Rim countries (including the U.S.) related to the proposed Trans-Pacific Partnership Agreement. This trade...more

Considerations for International Inventions – Foreign Filing Licenses

In today’s age of international commerce, product development often takes place on an international scale. Many companies have design centers in multiple countries, with design teams that span the globe. What are the patent...more

The Global Cleantech Innovation Index 2014 - policy uncertainty sees Australia slipping

The recently released Global Cleantech Innovation Index 2014 suggests that despite its strength in innovation, Australia is at risk of being left behind as much of the rest of the world forges ahead with investment in...more

Business Litigation Report -- September 2014

In This Issue: - Main Article: ..The Supreme Court Revisits Patent Eligible Subject Matter in Alice v. CLS Bank - Practice Area Notes: ..International Arbitration Update ..Trial Practice...more

What You Need to Know About Trade Secret Law Now

Recent legal developments have made it more difficult to obtain and enforce some patents including, in particular, medical diagnostics and software-implemented technologies. Because of these patent law changes, a wide...more

Realizing the Potential of Telemedicine in China, Part 1: Protecting Your IP

This post is the second in Foley’s blogs on China telemedicine and the first in the blog series, “Realizing the Potential of Telemedicine in China,” meant to address top issues facing U.S. companies looking to enter the...more

Inovia Releases 2014 Report on Global Patent Trends

Patent services provider inovia has released its fifth annual report on global patent and IP trends. In compiling "The 2014 U.S. Global Patent & IP Trends Indicator," inovia, which produces products for PCT national phase...more

The Internet of Things and Canadian Copyright Law

Many of you have read about the dispute over copyright ownership of the monkey-selfie, where a primate took a digital photo that went viral and for which the owner of the camera tried to claim ownership. Ultimately the U.S....more

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