Foley & Lardner LLP

Federal Circuit Finds No "Way" To Support Doctrine Of Equivalents

In Akzo Nobel Coatings, Inc. v. Dow Chemical Co., the Federal Circuit upheld the district court’s grant of summary judgment of no infringement under the doctrine of equivalents because the patent holder had failed to establish a…more
| Civil Procedure, Intellectual Property, Science, Computers, & Technology

EEOC’s Proposed Retaliation “Guidance” Muddies the Waters for Employers

For the first time in 18 years, the Equal Employment Opportunity Commission (EEOC) has offered proposed revisions to its official guidelines on workplace retaliation. In its proposed revisions, the agency expresses a very broad…more
| Civil Procedure, Civil Rights, Labor & Employment Law

Proposed EEO-1 Pay Data Requirement Will Increase Risks and Burdens

The United States Equal Employment Opportunity Commission (EEOC) just announced a proposal to require large employers to provide pay data in the EEO-1 reports submitted annually to the government. While the proposal is…more
| Civil Rights, Government Contracting, Labor & Employment Law

Student Aid Enforcement Unit Formed To Protect Students, Borrowers, And Taxpayers

On February 8, 2016, the Obama Administration’s Department of Education announced the creation of a Student Aid Enforcement Unit to respond more quickly and efficiently to allegations of illegal actions by institutes of higher…more
| Commercial Law & Contracts, Consumer Protection, Education, Finance & Banking

Data Transmission, Personalized Medicine, and Privacy

Health care analytics make use of patient data to inform treatment decisions and is increasingly moving front and center in personalized medicine. For example, the President’s Precision Medicine Initiative (see post of January…more
| Consumer Protection, Health, International Law & Trade, Privacy, Science, Computers, & Technology

U.S. Army Helping Develop Vehicle-to-Infrastructure And Autonomous Vehicle Technologies

The list of everyday technologies pioneered or developed by the military before being adapted to civilian applications is a lengthy one: GPS, microwave ovens, jet engines, and radar are just some common examples. Could…more
| Military Law, Science, Computers, & Technology, Transportation

CMS Finalizes Long-Awaited Covered Outpatient Drug Rule

The Centers for Medicare & Medicaid Services (“CMS”) recently issued a final rule implementing provisions of the Patient Protection and Affordable Care Act of 2010 (“ACA”) that pertain to Medicaid reimbursement for covered…more
| Health, Science, Computers, & Technology

EU Nations Extend Electric Car Rebates, Consider New Ones

While Europe has been the land of small diesels for decades, air quality concerns and consideration of fossil fuels’ impact on global warming has led EU nations to offer incentives to purchasers of electric vehicles. In recent…more
| Environmental Law, International Law & Trade, Transportation

High Stakes Race Between Apple and VirnetX: Will PTAB Trump The Texas Jury's Award of $326.5M?

A Texas jury today raised the stakes even higher in a race involving parallel proceedings between the PTAB and Texas district court when it found that Apple infringed the VirnetX patents and awarded to VirnetX $625.6M in…more
| Civil Procedure, Civil Remedies, Intellectual Property, Science, Computers, & Technology

Asset Transferee Cannot Appeal Reexamination

The Federal Circuit dismissed the appeal in Agilent Technologies, Inc. v. Waters Technologies Corp., because the appellant was not a “third-party requester” dissatisfied with the final decision in an inter partes reexamination…more
| Civil Procedure, Intellectual Property, Science, Computers, & Technology

Top 2016 Litigation Issues Facing the Auto Supply Chain

Nobody likes a fight. Well, almost nobody. Trial lawyers, boxers, and MMA fighters might be the only ones. But, in business, the occasional fight is pretty much inevitable. What fights do we foresee for those in the auto…more
| Alternative Dispute Resolution (ADR), Civil Procedure, Commercial Law & Contracts, International Law & Trade, Products Liability

CFPB Director’s Divisive View of RESPA Limitations Period Central to Ongoing UDAAP Action

In the ongoing Integrity Advance enforcement action by the Consumer Financial Protection Bureau (“CFPB” or “Bureau”), the Office of Enforcement this month filed a brief arguing that its claims for alleged unfair, deceptive, or…more
| Administrative Law, Civil Procedure, Consumer Protection, Finance & Banking, Real Estate - Residential

Hybrid Visa Offers Alternative to Limited H-1B Visa

For an ever-increasing number of U.S. employers, the start of another calendar year also means H-1B season has arrived. However, given the competitive nature of the H-1B program, many employers are turning to an alternative and…more
| Immigration Law, Labor & Employment Law

Split Federal Circuit Upholds Constitutionality of Single PTAB Panels Rendering Both Institution & Final Written Decisions

On January 13, 2016, the Federal Circuit affirmed the decision of the PTAB in Ethicon Endo-Surgery, Inc. v. Covidien LP, IPR2013-00209, that all of the claims of U.S. Patent 8,317,070 are obvious. While the obviousness analysis…more
| Administrative Law, Civil Procedure, Constitutional Law, Intellectual Property, Science, Computers, & Technology

Purdue OxyContin Patents Invalid Despite Stemming From Discovery Of Source Of Toxic Impurity

In Purdue Pharma L.P. v. Epic Pharma LLC, the Federal Circuit affirmed the district court decision holding four OxyContin patents invalid as obvious. In so doing, the court rejected Purdue’s arguments that its discovery of the…more
| Civil Procedure, Intellectual Property, Science, Computers, & Technology
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