Innovation Can Eliminate Dependence on the PTC by Philip Totaro on 5/14/2012 What if technology existed for renewable energy which negated the need for the production tax credit (PTC)? What if this technology existed, but wasn’t being introduced to the market? Through our groundbreaking...more
The Standard in Preventing Trademark Abandonment? by Winthrop & Weinstine, P.A. on 3/26/2012 Like many industries, there has been much brand consolidation. The petroleum industry is a good example. I recall pumping gas in Iowa back in the late seventies — at a Phillips 66 gas station (recall that a couple of years...more
Evaluating Wind Turbine Patent Infringement Risk Exposure by Philip Totaro on 3/17/2012 Major international corporations are increasingly becoming the targets of IP infringement suits. This has driven the need for indemnification of patent infringement liability in component/product supply agreements,...more
Two Significant Cases Impacting the Oil and Gas Industry in Pennsylvania by Reed Smith on 3/13/2012 In Pennsylvania, Reed Smith won two recent appellate court decisions for the oil and gas industry. In Katzin v. Central Appalachia Petroleum, LLC, No. 135 M.D.A. 2011, 2012 PA Super. 10 (Pa. Super. Ct. Jan. 19, 2012), the...more
Shell Oil Co. v. Ross: Texas Supreme Court Opinion on the Statute of Limitations Favors Operators over Royalty Owners by King & Spalding on 3/8/2012 In December 2011, the Texas Supreme Court issued its latest decision on the statute of limitations and fraudulent concealment exception. In the case, Shell entered into a mineral lease with the Ross family in 1961. Under the...more
PA Tax Law News -- February 2012 by McNees Wallace & Nurick LLC on 2/20/2012 In This Issue: Governor’s Budget Proposal Maintains Capital Stock/Franchise Tax Phaseout But Asks Retailers to Pay More Marcellus Shale Impact Fee Enacted Property Tax Reassessments...more
Regulations: Inhibiting Progress or Spawning Innovation? by Downs Rachlin Martin PLLC on 2/8/2012 The Environmental Protection Agency (EPA) recently attempted to promulgate new rules that are designed to protect downwind states from smog and fine particulates emanating from upwind coal burning power plants (it has been...more
Railroad Commission of Texas Finalizes Hydraulic Fracturing Disclosure Regulations by Jackson Walker on 12/22/2011 On December 13, 2011, the Railroad Commission of Texas ("Commission") finalized regulations requiring oil and gas operators to publicly disclose chemicals used in hydraulic fracturing treatments ("fracking"). Please CLICK...more
U.S. Supreme Court’s Bilski Ruling Is Welcome News for Asian Clean Energy Innovators Introduction by Orrick, Herrington & Sutcliffe LLP on 12/12/2011 Originally published in 9-10/2011 China IP, www.chinaipmagazine.com. The U.S. Supreme Court’s decision in Bilski ensures that the door to patenting business method inventions remains open in America. This ends...more
Will Wind Turbine OEMs Assert Against Their Customers by Philip Totaro on 11/27/2011 As we have seen in other industries, as competition emerges and the industry matures, IP owners will begin to assert their rights if they feel there is diminishment of their commercial enterprise. We have seen GE assert...more
PA Tax Law News- September 2011 by McNees Wallace & Nurick LLC on 9/21/2011 Have You Filed Your Gross Receipts Tax Refund Claims? If your company pays Pennsylvania Gross Receipts Tax and you have not recently filed assessment appeals and/or protective refund claims, you should consider doing so...more
Trademark Rights Give Way to Free Competition by International Lawyers Network on 9/8/2011 Principled decision concerning the scope of 3D trademark protection ensures cheap gas for the consumers On 14 July 2011, the Court of Justice of the European Union passed a judgment establishing that given certain...more
Renewables Update - March 2011 by Caroline Buchan on 3/28/2011 A legal update of issues relevant to those involved in the renewables and energy sectors...more
Intellectual Property Issues Within the Supply Chain by Philip Totaro on 2/3/2011 Totaro & Associates has taken a look at some of the issues associated with controlling your intellectual property rights when dealing with vendors. We discuss protocols for vendor qualification related to patent clearance...more
IP News & Comment - November 2010 by Venable LLP on 12/2/2010 In This Issue: The Bayh-Dole Act 30th Anniversary Event; The Greatest Generation vs. Generation Y: Barbie® vs. Bratz® -- The Battle Continues; Design Patents: Don’t Overlook Their Potential Value; Federal Circuit Affirms...more