Foley & Lardner LLP

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

  • 414.271.2400
  • 414.297.4900

Federal Circuit Judges Disagree on Use of Post Filing Date Evidence of Nonobviousness

On October 20, 2014, the Federal Circuit issued an order denying the petition for rehearing or rehearing en banc filed in Bristol-Meyers Squibb Co. v. Teva Pharmaceuticals, USA, Inc. While the order itself may not be surprising,…more
| Civil Procedure, Intellectual Property, Science, Computers, & Technology

The Line Out of This Place Is as Long as the Amazon.com River

This month, the U.S. Supreme Court heard argument in a case that would seem to raise easy enough questions: When does an employee’s workday begin and end? What activities count as “work”? However, these questions have given way…more
| Labor & Employment Law

EEOC Signals Intent to Process and Litigate Claims of Sexual Orientation Discrimination Under Title VII

Signaling its intent to pursue its viewpoint that Title VII of the Civil Rights Act of 1964 prohibits discrimination on the basis of sexual orientation (including transgender identity), the Equal Employment Opportunity…more
| Civil Rights, Labor & Employment Law

Delaware Supreme Court Rules Mistakenly Filed UCC Termination Statement Is Effective in $1.5 Billion Secured Loan Transaction

Lenders need to exercise great caution when filing a UCC-3 termination statement. They must make sure that the list of security interests terminated is accurate and that the statement does not mistakenly include other, unrelated…more
| Bankruptcy, Civil Procedure, Commercial Law & Contracts, Finance & Banking

Telephone Consumer Protection Act Express Consent Narrowed Again

Albert Nigro just wanted to turn off his deceased mother-in-law’s electricity. He called the electric company, but it required that he provide his mobile telephone number to disconnect service. It turned out though that the…more
| Civil Procedure, Commercial Law & Contracts, Communications & Media Law, Consumer Protection, Privacy

Myriad’s Continuing Patent Debate

On October 6, 2014, the U.S. Court of Appeals for the Federal Circuit entertained oral argument in the interlocutory appeal of the district court’s denial of Myriad’s motion for preliminary injunction against Ambry Genetics. In…more
| Civil Procedure, Intellectual Property, Science, Computers, & Technology

Seventh Circuit Reminds Attorneys to Conduct “Reasonable Amount of Legal Research” Before Filing Claims

Under the federal civil rights statutes, plaintiffs who prevail ordinarily receive an award of attorneys’ fees that must be paid by the defendant. But, in order not to deter plaintiffs from filing such claims, the reverse is not…more
| Civil Procedure, Civil Remedies, Civil Rights, Commercial Law & Contracts, Labor & Employment Law

PTAB Requires Additional Showing for Cross-Examination If Testimony Was Prepared for Another Proceeding

A recent order from the Patent Trial and Appeal Board (“Board”) in an inter partes review illustrates how the Board may handle situations where a party seeks to depose a declarant whose testimony was submitted through a…more
| Civil Procedure, Intellectual Property

Violation of OSHA Standards Now More Costly in Wisconsin

Last week, the Wisconsin Supreme Court resolved its first case of the year. It affirmed, by an equally divided court, the published opinion of the court of appeals in Sohn v. LIRC, 350 Wis. 2d 469. The Wisconsin Court of Appeals…more
| Civil Remedies, Labor & Employment Law, Personal Injury, Worker’s Compensation

Market for Collision-Avoidance Technology Booms as Cars Become Smarter

Many mass-market vehicles include sensors and cameras to assist motorists with parking and backing up, and some models even include lane change assist and smart cruise control to maintain a safe distance from traffic ahead…more
| Commercial Law & Contracts, Science, Computers, & Technology

Manufacturing and Infrastructure: Not Just About Economics – Our Own Security Depends on It

The call for dramatic improvements in America’s infrastructure as a critical driver in the reestablishment of the nation’s manufacturing supremacy is building momentum. But that’s only part of the story. Lost is the real…more
| Commercial Law & Contracts, Finance & Banking

Finally Facing First Inventor to File Issues

It has been over three years since the Leahy-Smith America Invents Act was signed into law by President Obama, and just over eighteen months since the effective date of the first-inventor-to-file changes to 35 USC § 102. While…more
| Civil Procedure, Intellectual Property

Legal Preparedness – Are You Ready for Ebola?

With confirmed Ebola Virus Disease (EVD) patients in the United States, health care facilities and providers should review whether they are compliant with existing laws and recommendations for emergency preparedness. Providers…more
| Health

Contemporary Clothing's "Look" Collides With Title VII

There is more than a little bit of irony when a clothing company with a target market of teens and young adults has a fashion dilemma. However, a national retailer has just such a dilemma arising from a potential religious…more
| Civil Procedure, Civil Rights, Labor & Employment Law

Seventh Circuit Warns Intervenors Not to Sleep on Their Rights

It’s an ancient principle of equity, drawn from Roman law: Equity relieves the vigilant, not those who sleep upon their rights. And it sums up quite well the Seventh Circuit’s recent decision in SEC v. First Choice Management…more
| Civil Procedure, Finance & Banking, Securities Law
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