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Courtenay C. Brinckerhoff (Foley&Lardner LLP)
A Look At The U.S. Doctrine of Obviousness-Type Double Patenting
June 13, 2012

While many countries have laws against “double patenting” that prevent an Applicant from obtaining more than one patent on the same invention, the U.S. also bars Applicants from obtaining a second…

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Courtenay C. Brinckerhoff (Foley&Lardner LLP)
U.S. Courts Look At Method Of Use Patents In Generic Drug/ANDA Litigation
May 21, 2012

Last month both the U.S. Supreme Court and the U.S. Court of Appeals for the Federal Circuit issued important decisions relating to method of use patents in the Hatch-Waxman Abbreviated New Drug…

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Courtenay C. Brinckerhoff (Foley&Lardner LLP)
U.S. Courts Can Order Production Of Patent Litigation Settlement Negotiation Communications
April 16, 2012

In ResQNet.com, Inc. v. Lansa, Inc. (Fed. Cir. 2010), the U.S. Court of Appeals for the Federal Circuit held that patent litigation settlement agreements can be relevant in a different proceeding to…

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Courtenay C. Brinckerhoff (Foley&Lardner LLP)
Unanimous U.S. Supreme Court Finds Personalized Medicine Claims Are Not Patentable
March 21, 2012

On March 20, 2012, the U.S. Supreme Court issued a unanimous decision in Mayo Collaborative Services v. Prometheus Laboratories, Inc., holding that Prometheus' claims directed to methods of…

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Courtenay C. Brinckerhoff (Foley&Lardner LLP)
Why The Ides Of March 2013 Will Be Important Around The World
March 18, 2012

The “first-to-file” provisions of the United States "America Invents Act (AIA)" take effect on March 16, 2013. Because of other changes to the U.S. patent system, this date will be just as important…

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Courtenay C. Brinckerhoff (Foley&Lardner LLP)
Getting The Most Out Of Your U.S. Patent
February 27, 2012

In the mid-1990s, the U.S. joined most of the rest of the world by adopting a 20-year patent term for patent applications filed on or after June 5, 1995. However, the U.S. patent system is unique in…

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Courtenay C. Brinckerhoff (Foley&Lardner LLP)
U.S. Patent Reform: What Already Has Changed, What Lies Ahead
January 30, 2012

On September 16, 2011, President Obama signed the Leahy-Smith America Invents Act into law, making the most sweeping changes to U.S. patent law since at least the 1950’s. Many of the provisions can…

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Miquel Montañá (Clifford Chance)
What test should be applied to judge equivalence?
August 30, 2010

One of the topics that have kept our Courts busy over the last few years relates to which test should be applied to judge "equivalence". Whereas the U.S.'s "same function-same way-same result" test…

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Korbinian Kopf (Maiwald Patentanwalts GmbH)
EPO and US Supreme Court aligned!
July 29, 2010

The Supreme Court of the United States issued an opinion on appeal (as Bilski v. Kappos) that affirmed the judgment of the CAFC of affirming the rejection of the patent, but revised many aspects of…

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Korbinian Kopf (Maiwald Patentanwalts GmbH)
Establishing Priority of Invention in the USA
June 16, 2010

I. Priority of Invention II. Proving Conception and Reduction to Practice III. Sample Laboratory Notebook IV. Instructions For Maintaining Laboratory Notebook V. Instructions for Maintaining…

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