Foley & Lardner LLP

Kyle Bass Loses Round 1 of IPR Attack Against Pharma/Biotech Patents

On August 24, 2015, the Patent Trial and Appeal Board (PTAB) declined institution of two petitions filed by Coalition For Affordable Drugs for Inter Partes Reviews (IPRs) of Acorda’s patents (U.S. Patent Nos: 8,007,826,…more
| Civil Procedure, Intellectual Property, Science, Computers, & Technology

Creative Cooperation: Public-Private-Partnerships

Some people trust private industry and the free market to solve economic challenges and develop economic opportunities, while others prefer allowing government initiatives to address such issues. The space between these two…more
| Business Torts, Commercial Law & Contracts, Science, Computers, & Technology

AmerisourceBergen Guest Post: Solutions to Overcome Reimbursement Challenges in Personalized Medicine

The continued development and refinement of personalized medicine (PM) has offered an opportunity to revolutionize medical practice and improve outcomes by providing treatments for patients with the notion that “this drug is for…more
| Health, Science, Computers, & Technology

Spain Sets a New Milestone with its Corporate Compliance Statute

As of July 1 of this year, Spain becomes the latest in a string of nations with a corporate compliance defense. Article 33 of Spain’s criminal code will provide an exemption from corporate criminal liability where the company…more
| Business Organizations, Criminal Law, Elections & Politics, International Law & Trade, Labor & Employment Law

White House Plan to Further Expand Renewable Energy Use

President Barack Obama announced on August 24, 2015, additional steps taken to increase the adoption of renewable energy. Among other things, the set of executive actions announced on Monday include making $1 billion in…more
| Elections & Politics, Energy & Utilities, Finance & Banking

What Is the Latest on Amendments in PTAB Proceedings?

Among other topics, a recent web conference hosted by George Quillin and Jeff Costakos tackled the latest developments in amendment practice before the PTAB. The conference addressed the very recent Federal Circuit decision…more
| Civil Procedure, Intellectual Property

Delaware Judges Are Finding Patent Claims Indefinite Post-Nautilus

It has been a little more than a year since the Supreme Court rendered its decision in Nautilus, lowering the standard for finding patent claim terms indefinite. Many commentators at that time predicted the decision would have…more
| Civil Procedure, Intellectual Property, Science, Computers, & Technology

NLRB Calls Audible — No Union for Northwestern

Over a year ago, the regional office of the National Labor Relations Board (NLRB) in Chicago concluded that scholarship athletes on the Northwestern University football team were “employees” within the meaning of the National…more
| Art, Entertainment, & Sports Law, Education, Labor & Employment Law

Providers + Retailers - The New Front Door to Health

During last week’s webinar on providers and retail health, the second in a series sponsored by Foley and Oliver Wyman, top executives representing different industry sectors shared their points of view on the challenges and…more
| Health

A Defendant Can Get Summary Judgment Without Producing Evidence

The Supreme Court explained in Celotex Corp. v. Catrett, 477 U.S. 317 (1986), that a party can obtain for summary judgment when its opponent has no evidence to support an element of the opponent’s case. Justice Brennan’s dissent…more
| Civil Procedure

New Social Security Card Application Requisites Raise Eyebrows

On August 10, 2015, the Social Security Administration (SSA) adopted a final rule that, as of September 9, 2015, eliminates the requirement that applicants seeking to obtain a new or replacement Social Security number card…more
| Labor & Employment Law

PTAB Denies Institution of Kyle Bass's Ampyra Patent Challenge

The USPTO Patent Trial and Appeal Board (PTAB) has put an end to Kyle Bass’s Ampyra patent challenge, by denying institution of Inter Partes Review (IPR) proceedings. While many were hoping the PTAB would render a decision based…more
| Civil Procedure, Intellectual Property, Science, Computers, & Technology

Protecting Diagnostic Innovation – Two Actor Infringement Liability

In Akamai Techs. Inc. v. Limelight Networks, Inc., (August 13, 2015 Fed. Cir.) an en banc Federal Circuit unanimously held that direct infringement under Section 271(a) can occur..…more
| Civil Procedure, Intellectual Property, Science, Computers, & Technology

A Royalty By Any Other Name: Post-Expiration Payments After Kimble v. Marvel

Patent holders and accused infringers will need to continue being creative in drafting license agreements after the Supreme Court’s recent decision in Kimble v. Marvel, No. 13-720, 2015 U.S. Dist. LEXIS 4067, at *6 (June 22,…more
| Civil Procedure, Commercial Law & Contracts, Intellectual Property

Mcity Opening Changes the Automotive Industry's Research Environment

The research environment in the automotive industry changed recently with the official opening of Mcity, which is believed to be the first facility especially designed for testing connected and automated vehicles. Mcity was…more
| Science, Computers, & Technology, Transportation
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777 East Wisconsin Avenue
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