Foley & Lardner LLP

777 East Wisconsin Avenue
Milwaukee, WI 53202-5306, United States

  • 414.271.2400
  • 414.297.4900

To Sue or Not to Sue: That Is the Trade Secret Question

You have just learned that a senior member of the company research and development team has resigned. The employee had access to important confidential information about your company’s product development, manufacturing process…more
| Commercial Law & Contracts, Intellectual Property, Labor & Employment Law, Science, Computers, & Technology

Beneficiary Assignment in the Proposed Revised Medicare Shared Savings Program Regulations

This post addresses the changes that the rule would make to how CMS assigns beneficiaries to an ACO participating in the MSSP. The Proposed Rule places a renewed emphasis on primary care for beneficiary assignment. Section…more
| Business Organizations, Health

Fetal Diagnostics Patent Claims Fall in Inter Partes Review

Post grant inter partes review proceedings have lowered the hurdle to invalidate U.S. patents. The “broadest reasonable construction” of the claims and the lower burden to prove invalidity (by a preponderance of the evidence) of…more
| Civil Procedure, Intellectual Property, Science, Computers, & Technology

Charting Your Way Through Chrysler Group LLC's New Terms and Conditions

Chrysler Group LLC (Chrysler) issued new general terms and conditions (Terms) for production and Mopar purchasing that will apply to all purchase orders issued after December 1, 2014. The new Terms are not retroactive and apply…more
| Commercial Law & Contracts

CMS Proposes Sharing More Data With ACOs Participating in the Medicare Shared Savings Program

CMS may be ready to ramp up the data it is willing to share with Accountable Care Organizations (“ACOs”) that participate in the Medicare Shared Savings Program (“MSSP”). CMS explained in the November 2011 final rule that…more
| Business Organizations, Health

Federal Circuit Invalidates Myriad Primer and Method Claims as Lacking Subject Matter Eligibility

In a case styled as In re BRCA1- and BRCA2-Based Hereditary Cancer Test Patent Litigation (also known as Myriad v. Ambry), the Federal Circuit held four of Myriad’s “primer” claims and two of Myriad’s detection method claims…more
| Civil Procedure, Intellectual Property, Science, Computers, & Technology

Before Driverless Cars, Questions

Although it is unclear when autonomous vehicles will be hitting the roads, what is clear is that this technology is coming. Automakers to suppliers to lawmakers to insurers will want to carefully consider the following issues…more
| Administrative Law, Privacy, Science, Computers, & Technology, Transportation

How to Prepare Your Hospital or Medical Practice for a Meaningful Use Audit

For the past several years, the Centers for Medicare and Medicaid Services (“CMS”) has incentivized hospitals and eligible professionals to adopt and make “meaningful use” of certified electronic health records (“EHR”)…more
| Health

Seventh Circuit Chides Plaintiffs’ Lawyers for Selling Out Class Members, Shedding “Crocodile Tears” in Class Action Settlement

In most settlement negotiations, it is taken for granted that the parties’ self-interest will lead them to advocate aggressively for their positions and against their opponents. After all, every dollar that the plaintiff obtains…more
| Civil Procedure, Civil Remedies, Consumer Protection

USPTO Finally Issues New Guidance On Patent Subject Matter Eligibility

The USPTO has issued new “Interim Guidance” for determining whether claims are eligible for patenting under 35 USC § 101. Although the new guidance technically applies to all technologies and all types of claims, Applicants with…more
| Intellectual Property

NLRB’s New Quickie Elections May Allow for Union Ambush Tactics

The National Labor Relations Board certainly did not wait long to take the next step in changing the landscape of union organizing to promote the success of labor interests in representation campaigns. Only one day after its…more
| Labor & Employment Law

Another Day, Another Rule for Federal Contractors

As we previously noted, federal contractors have been besieged in recent months with regulatory changes and enforcement initiatives advanced by the Office of Federal Contract Compliance Programs (“OFCCP”) and various divisions…more
| Civil Rights, Labor & Employment Law, Government Contracting

USPTO Releases Revised Subject Matter Eligibility Guidance

On December 15th, 2014, the USPTO released its much anticipated revised subject matter eligibility examination guidance to assist patent examiners evaluate inventions that may be related to any one of the three judicial…more
| Civil Procedure, Intellectual Property, Science, Computers, & Technology

USPTO Issues Long-Awaited Revised Guidance on Patent Eligibility

The USPTO has issued new “interim” guidance for determining whether claims are eligible for patenting under 35 USC 35 U.S.C. § 101. Assuming the guidance document is published in the December 16, 2014 Federal Register, it will…more
| Commercial Law & Contracts, Intellectual Property, Science, Computers, & Technology

MSSP Proposed Rule Seeks to Enhance ACO Transparency and Patient Engagement

Under the Medicare Shared Savings Program (“MSSP”) ACO proposed rule, CMS has proposed additional program requirements, beneficiary protections and participation agreement procedures to enhance ACO transparency and improve…more
| Health
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