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Energy & Utilities Intellectual Property

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Energy & Sustainability Connections Newsletter - August 2017

by Mintz Levin on

A Note from the Editors - This month’s edition of Energy & Sustainability Connections brings the latest developments in energy investing, legal insights, company activity, and industry events straight to your inbox....more

Green Tech IP after Withdrawal from the Paris Climate Agreement

by Brinks Gilson & Lione on

The Paris Climate Agreement sets forth goals for the reduction of greenhouse gases with the magnitude and timeline for such reduction being self-imposed by each signatory country.1 The withdrawal of the United States from the...more

Brexit - Legal Implications

by McDermott Will & Emery on

In our latest memorandum, we have briefly outlined some of the main legal implications of Brexit according to different models, including the EEA model. In light of recent comments made by Theresa May, it is unlikely that...more

A Court Divided: Judges File Widely Varying Opinions on CBM Review Eligibility

by McDermott Will & Emery on

The standards used by the Patent Trial and Appeal Board (PTAB) for determining what qualifies as a covered business method (CBM) patent under AIA § 18(d)(1) and 37 CFR 42.301(a) have not always been consistent (see, for...more

Business Litigation Report - June 2017

Courts May Not Depart from the Bankruptcy Priority Rule in Chapter 11 Structured Dismissals - For more than a century, a cornerstone of federal bankruptcy law has been the absolute priority rule, which ensures that a...more

Energy Newsletter - June 2017

by King & Spalding on

Mineral and Royalty Interest MLPs: An Alternative Exit For PE-Backed Mineral and Royalty Interest Cos. - Oil and gas exploration companies no longer have to go door-to-door, or ranch-to-ranch, to negotiate oil and gas...more

US: Supreme Court takes up constitutionality of inter partes review

by Hogan Lovells on

On June 12, 2017, the Supreme Court granted certiorari to decide the constitutionality of inter partes review, a proceeding before the Patent Trial and Appeals Board (PTAB) that allows third parties, typically alleged...more

High Court to Address Constitutionality of Inter Partes Reviews

On June 12, 2017, the U.S. Supreme Court in Oil States Energy Services v. Greene’s Energy Group, No. 16-712 (U.S. June 12, 2017) granted certiorari to decide next term if certain American Invents Act (AIA) review proceedings,...more

Patents or Trade Secrets? Yes, Please.

by Hogan Lovells on

Most energy companies implement Intellectual Property (“IP”) strategies to protect and exploit company IP (offense) and navigate third-party rights (defense). Traditionally, these policies emphasize patents. But today’s...more

Life, Liberty, and…IPRs? SCOTUS to Weigh in on Constitutionality of Inter Partes Review Proceedings

by Bryan Cave on

Today, the Supreme Court granted certiorari in Oil States Energy Services v. Greene’s Energy Group, No. 16-712 (June 12, 2017), to decide whether post-grant proceedings created under the America Invents Act (“AIA”) are...more

The Supreme Court - June 12, 2017

by Dorsey & Whitney LLP on

The Supreme Court of the United States issued decisions in five cases today: Sandoz Inc. v. Amgen Inc., No. 15-1039: The Biologics Price Competition and Innovation Act of 2009 (“BPCIA”), governs “biosimilar” drugs – a...more

BREAKING NEWS: SCOTUS to Consider Whether AIA Review is Constitutional

by Goodwin on

The U.S. Supreme Court granted Oil States Energy Services’ petition for a writ of certiorari seeking review of the constitutionality of post-grant review proceedings by the USPTO’s PTAB. Oil States appealed to the U.S....more

Norway and Sweden agree on extending the El-certificate system

by DLA Piper on

Norway and Sweden have agreed on changes to the El-Certificate support system. This is good news for the RE marked in the Nordics as there have been a lot of uncertainty on the future of the support system, when Norway from...more

U.S. Steel ITC Case Alleging Chinese Government Hacked Its Network and Stole Its Secret Formulas May Be Revived

First, a little background for those unfamiliar with the wonderful world of the International Trade Commission (ITC). Section 337 of the Tariff Act of 1930 (19 U.S.C. § 1337) prohibits “unfair methods of competition and...more

Full* Disclosure: A Middle Road in Fracking Fluid Law

Many oil and gas companies operate within incredibly tight margins and subject to ever-volatile commodity market prices. In such a competitive sector, the ability to innovate with improved extraction and transmission...more

CIPO shines spotlight on patenting in climate change mitigation technologies

by Smart & Biggar on

With the Paris climate agreement having recently come into effect, climate change mitigation technologies have been the focus of widespread discussion and debate. The Canadian Intellectual Property Office (CIPO) has added to...more

Tokyo Dispute Resolution & Crisis Management Newsletter – January 2017

by King & Spalding on

Managing Risks in Acquisitions from Financially Challenged Sellers in the Resources & Energy Sector - Low Commodity Prices - After a decade long boom in the resources and energy sector, prices across almost all...more

Business Litigation Report - December 2016

Artificial Intelligence Litigation: Can the Law Keep Pace with The Rise of the Machines? - Artificial intelligence, or AI, is the broad conceptual term for the technologies or systems making it possible for computers to...more

Ninth Circuit Expands the Octane Fitness Attorneys’ Fee Standard to the Lanham Act

by Perkins Coie on

Following several other circuits as well as patent law precedent, in SunEarth, Inc. v. Sun Earth Solar Power Co., the U.S. Court of Appeals for the Ninth Circuit recently made it easier for Lanham Act litigants to recover...more

Energy Sector Alert Series: Energy Companies With Trade Secrets - Welcome to the DTSA

by WilmerHale on

In this eight-week alert series, we are providing a broad look at current and emerging issues facing the energy sector. Lawyers from across the firm are discussing issues ranging from cybersecurity, antitrust and intellectual...more

Fracking Fluid Dynamics: New Trade Secrets Movements

It is no secret that America’s energy industry depends upon the trade secret status of its products, techniques, and procedures for much of its continued success. As oil prices remain volatile, trade secret and intellectual...more

ITC Section 337 Update – October 2016

by King & Spalding on

Commission Suspends ‘939 Investigation Enforcement Pending PTAB Result - On July 21, 2016, the International Trade Commission (“the Commission”) issued a notice that it had found a violation of Section 337 in Certain Cinema...more

Energy Sector Alert Series: Brexit and Energy - Leaving the EU While Staying Connected

by WilmerHale on

In this eight-week alert series, we are providing a broad look at current and emerging issues facing the energy sector. Lawyers from across the firm are discussing issues ranging from cybersecurity, antitrust and intellectual...more

An Update on Pennsylvania's Oil and Gas Law - Act 13 - After Supreme Court Decisions

by Pepper Hamilton LLP on

While many key provisions of Act 13 have now been struck down by the Supreme Court’s two Robinson decisions, much of the Act remains. Act 13 of 2012 represented a major overhaul of Pennsylvania’s oil and gas law and...more

Banking & Financial Services E-Note - September 2016

by Burr & Forman on

In an article published in the September / October issue of Commercial Real Estate Investment Magazine, Drew Demers provides guidance on how commercial loans and bank-owned real estate sales have changed due to growth in...more

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