General Business Civil Procedure Elections & Politics

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Anti-Patent Troll Legislation: What is Proposed and What it Could Mean

Proposed patent legislation has been causing a stir at both the federal and state levels recently. In an effort to curb infringement litigation initiated by non-practicing entities, often referred to as "patent trolls,"...more

Looking Upstream: Weighing Proposed Changes To Customer Stays In Patent Litigation*

At a time when congressional partisanship is the norm, curbing lawsuits filed by nonpracticing entities (NPEs) may be one of the few issues uniting Washington. Over the past year, both Republicans and Democrats introduced...more

Senate Legislation Update -- The Commerce Committee Gets in the Act

Last Thursday, Sen. McCaskill, along with Sen. Rockefeller, introduced the "Transparency in Assertion of Patents Act" (S. 2049). Of course, several other bills are currently pending in the Senate that have been introduced by...more

White House Announces Executive Actions Designed to Combat Patent Trolls

Last week, the White House announced new executive actions characterized as initiatives “to combat patent trolls and further strengthen our patent system and foster innovation.” This marks a continuation of the White House’s...more

White House Seeks to Promote Transparency Concerning Patent Ownership

Last week, the Obama Administration announced "major progress on a series of initiatives designed to combat patent trolls and further strengthen our patent system and foster innovation" (see "The White House Releases Update...more

MBHB Snippets: Review of Developments in Intellectual Property Law - Volume 12, Issue 1 (Winter 2014): “Patent Trolls” Beware –...

If the mainstream media is to be believed, the patent system is now “broken.” This notion is frequently blamed on the perceived increase in so-called patent assertion entities (“PAEs”), referred to derogatorily in the press...more

Justice Saliann Scarpulla Appointed to New York County Commercial Division

Effective today, Justice Saliann Scarpulla of the New York Supreme Court has been appointed to the New York County Commercial Division. Justice Scarpulla succeeds Justice Barbara Kapnick, who was appointed to the Appellate...more

Patent Reform Bill Progresses through the House

The steady rise in patent litigation in the United States has captured the attention of Congress, which currently has several bills regarding patent reform active in various stages of the legislative process. On December 5,...more

Legislation Targeting Non-Practicing Entities (NPEs) Passes in House by Comfortable Margin

On Thursday, December 5, 2013, the U.S. House of Representatives approved the “Innovation Act” (H.R. 3309), a bill principally aimed at curtailing certain patent infringement litigation practices of non-practicing entities...more

Round Two of U.S. Patent Reform Progresses as House Passes Goodlatte Innovation Act

On December 5, 2013, the U.S. House of Representatives passed H.R. 3309, the “Innovation Act” originally introduced by Congressman Goodlatte (R-VA). The bill passed by a vote of 325-91, with four amendments to the bill as...more

Information Technology & Industry Council and King & Spalding Co-Host Thought Leadership Event on Patent Litigation Reform and...

On November 14, 2013, the Information Technology Industry Council (ITIC) and King & Spalding co-hosted a thought leadership event focused on abusive patent litigation and its effect on U.S. innovation. The Capitol Hill event...more

Trolls Better Watch Out This Halloween -- Senator Hatch Introduces Patent Litigation Integrity Act

Just in time for Halloween, Senator Orrin Hatch (R-Utah) has introduced yet another piece of legislation to combat the perceived "patent troll" problem. The Patent Litigation Integrity Act (S. 1612) is aimed at shifting the...more

Governor Brown Vetoes Eminent Domain Bill, But I'm Not Sure Why

Earlier this week, Governor Brown vetoed AB 374, a bill to amend Code of Civil Procedure section 1263.510, the statute governing recovery of loss of business goodwill in an eminent domain case. But it's not the veto that...more

House Judiciary Committee Drafts Legislation Proposing Sweeping Changes in Patent Infringement Litigation

House Judiciary Committee Chairman Bob Goodlatte of Virginia has released a second discussion draft of legislation intended to restrict litigation brought by non-practicing entities (NPEs). In June 2013, the White...more

U.S. Court of Appeals Orders the Nuclear Regulatory Commission to Resume Yucca Mountain Licensing Proceeding, Upholding Rule of...

On August 13, 2013, the U.S. Court of Appeals for the District of Columbia Circuit took the rare step of granting a Petition for Writ of Mandamus compelling the Nuclear Regulatory Commission (“NRC”) to resume the licensing...more

Court Rules Voter Initiative Cannot Force Water District to Set Rates Below Level Mandated by State Statute - Water Districts Must...

In Mission Springs Water District v. Verjil, a California appellate court invalidated voter initiatives that had proposed to reduce a water district’s recently adopted rate increases and limit the amount the district could...more

Reforming Proposition 65: Governor’s “Update” Is a Promising Start

Yesterday, Governor Jerry Brown’s office announced his intention to propose “updates” to Proposition 65 (Health & Safety Code section 25249.5 et seq.) supposedly designed to make the law less susceptible to the widespread...more

Nevada Legislature Considers Bill To Authorize Forum Selection Charter Provisions

Late last month, the Nevada Committee on Judiciary introduced a bill that would, among numerous other things, authorize forum selection provisions in corporate and other Nevada entity charters. If SB 441 is enacted, a...more

ITC Proposes New Limitations on Discovery

In a recent Notice of Proposed Rulemaking, the U.S. International Trade Commission (ITC) promulgated for comment revisions to its Section 337 discovery procedures. If implemented largely as proposed, which is likely given the...more

Why Politicians Should Read The Corporations Code (Or At Least This Blog)

Last September, I wrote about California’s unincorporated associations law. In ”Thinking About Joining A Club? You May Want To Consider These Corporations Code Provisions First“, I noted that Title 3 of the California...more

Fight Begins Over Prop 33 - Even as to the Ballot Language

Though the election is still three months away, and the campaigning over California’s Prop 33 (the automobile insurance portable persistency initiative) has not yet begun in earnest, the ballot proposition is already being...more

Florida Supreme Court Denies Review in Gambling Expansion Case

The Florida Supreme Court recently denied a request for it to review the Florida Court of Appeal’s determination that a Florida statute is valid even though it authorizes slot machines at entities other than those that are...more

Jams Dispute Resolution -- Spring 2012

In This Issue: IN DEPTH -- Growing Trend of Third-Party Litigation Funding Creates Mixed Opinions; ADR CONVERSATIONS -- JAMS Panelists Receive Prestigious ADR Award; ADR NEWS & CASE UPDATES; DOMESTIC FOCUS -- Good Faith...more

Aircraft Transactions Continue to Receive Heightened Scrutiny from State Tax Authorities

Originally published in the Journal of State Taxation on April 1, 2012 In this down economy, aircraft owners have heard politicians in Washington turning up the rhetoric, complaining about corporate aircraft "tax breaks"...more

MBHB Snippets - Review of Developments in Intellectual Property Law, Summer 2011, Volume 9, Issue 3

In This Issue: 1 On the Brink of Change — Congress Passes Patent Reform 1 ICANN’s Proposal for New Generic Top Level Domain Names 8 The Supreme Court Review of the Federal Circuit: Recent Decisions with Varying...more

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