Intellectual Property Energy & Utilities

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New Domain Name ".solar" is Now Available

As many of you know, all businesses worldwide are facing the opportunities and perils of a vast expansion of internet domain names. The Solar Industry is on the front row of this new domain name game with a generic top-level...more

Pyrrhic Victory For Parties Seeking Fracking Fluid Disclosures

Parties advocating public disclosure of the chemical makeup of fracking fluids may have won a recent battle in Wyoming, but are they losing the war? On March 12, 2014, the Wyoming Supreme Court in Powder River Basin Resource...more

Federal Circuit Reverses a District Court Contempt Finding Against Inventor of Energy IP

Yesterday, the Federal Circuit reversed an Eastern District of Virginia judgment finding inventor Leif Hauge in contempt for violating a 2001 settlement agreement with his ex-employer, Energy Recovery, Inc. The district court...more

Wyoming Supreme Court Vacates on Procedural Grounds a Lower Court Decision Holding Ingredients in Fracking Fluid Formulas Qualify...

On March 12, 2014, in Powder River Basin Resource Council v. Wyoming Oil And Gas Conservation Commission, et al., the Wyoming Supreme Court, on procedural grounds, vacated a trial court decision upholding the decision of the...more

Are Patent Trolls Now Targeting the Energy Industry?

Case Numbers Are on the Rise - Based on our informal survey and analysis of patent lawsuits, energy companies will see both an increase in lawsuits filed by “patent trolls” and will find that a decreasing percentage of...more

Wyoming Supreme Court Remands Fracking Chemical Disclosure Case to District Court for Reconsideration

On March 12, 2014, the Wyoming Supreme Court issued a highly anticipated ruling in a case concerning the scope of trade secret protection available to exempt certain fracking chemical information—which Wyoming requires to be...more

Are Fracking Fluid Recipes Trade Secrets? Wyoming Supreme Court Sends Issue Back to District Court

In a unanimous opinion issued March 12, 2014, the Wyoming Supreme Court reversed and remanded a case concerning the confidentiality of the ingredients in fracking fluids. The decision keeps alive a challenge to the...more

Florida House Subcommittee Advances Fracking Disclosure Bills

The Florida House Agriculture and Natural Resources Subcommittee voted 8-4 on Tuesday in support of two bills that would require disclosure of chemicals used in fracking. While not as shale rich as its neighboring states to...more

Royalties from Horizontal Well Should Be Allocated Based on Productive Portion of Well, Not Its Entire Length

On December 20, 2013, the San Antonio Court of Appeals issued a decision concerning the proper construction of a contract used to allocate royalties from a horizontal well that traverses two separate properties. The decision,...more

Trade Secrets Trend To Watch In 2014: Government Regulations Requiring Public Disclosure Of Proprietary Information

In the New Year, one of the trade secret trends we’re watching is the ongoing tension between a company’s interest in preserving its proprietary information and the public’s demand to know more about the goods or services it...more

2013 Water Technology US Patent Landscape Anual Report

Foley’s Green Energy Technologies (GET) team has released its latest annual analysis of the water technology landscape titled "2013 Water Technology U.S. Patent Landscape Annual Report." The 2013 Report was created by...more

Explore - Insights from DLA Piper Mining Sector (Global)

In This Issue: - Editorial - About our mining sector - Take or Pay Contracts, a double-edged sword - Africa Rising - Protect, Respect and Remedy – Human Rights and the Mining Industry - Mine Your Own...more

Hydraulic Fracturing in Illinois: Draft Regulations to Protect Chemical Proprietary Information

Last month, the Illinois Department of Natural Resources (“IDNR”) published its first draft of the regulations (62 Ill. Adm. Code 245) (the “HFRA Draft Regulations”) under the Illinois Hydraulic Fracturing Regulatory Act (225...more

Patent Rights in Renewable Energy Government Contracts: The Basics

Patents are often a company’s most important asset. Thus, when a company is contracting with the federal government, the contractor has to proceed with caution to avoid loss of patent rights. Government contracts can include...more

Seismic Data Held by a Board: A Warning Before You Look

Caution should be exercised when requesting, reviewing or sharing seismic data held by a regulatory authority, as demonstrated by the latest decision in a series of lawsuits commenced by Geophysical Service Incorporated...more

Will Fracking Recipes Remain Secret?

Wyoming was first in the nation with requiring oilfield service companies to submit the ingredients in fracking fluids to a governmental agency – the Wyoming Oil and Gas Conservation Commission (Commission). In the interest...more

BP International Limited v Neste Oil Oyj [2013] APO 46

In August this year, Australian patent application 2003258753 (“the application”) directed to diesel fuel compositions was successfully opposed on the ground that the application did not disclose the best method of performing...more

International Tax News - October 2013

COLOMBIA ISSUES TAX HAVENS LIST: 4 THINGS TO NOTE FOR THOSE DOING BUSINESS IN COLOMBIA - Colombia has issued its list of tax havens – an act that will negatively impact the tax effects of doing business in Colombia...more

Fracking Trade Secret Rules: A Tug Of War Without Winners

In the approximately 31 states with known reserves amenable to hydraulic fracturing, or “fracking,” a tug of war is being waged between an oil and gas industry seeking to protect its proprietary processes and environmental...more

Capital Infusion: Protecting Innovation in Fast-Paced Energy Markets: Expediting the Review and Issuance of U.S. Patent...

Technological innovation has been key to generating new opportunities in the energy industry and is largely responsible for the resurgence of fossil fuel production in the United States. Advancements in horizontal drilling,...more

Weekly eDiscovery Top Story Digest - October 2, 2013

Compiled by @ComplexD from online public domain resources, provided for your review/use is this week’s update of key industry news, views, and events highlighting key electronic discovery related stories, developments, and...more

Seismic Map Is At The Center Of Trade Secret Case

The ”tradition” of stealing a prospect generator’s maps – and getting caught at it – is alive and well. Lamont et al v. Vaquillas Energy Lopeno Ltd et al is the second recent Texas case on theft of trade secrets and, like the...more

Concerns about BLM’s Failure to Protect Trade Secrets Headline Rulemaking Comments

When the Bureau of Land Management (“BLM”) issued its Supplemental Notice of Proposed Rulemaking related to hydraulic fracturing on federal lands on May 16, 2013, it believed that it had struck a balance between industry and...more

The Prospect Generator’s Case, A Second Look

There is more to learn from Southwestern Energy Production Co. v. Berry-Helfand and Muncey, discussed in a recent post. Damages – With Room to Run, the Expert Scores. Courts are entitled to be “flexible and...more

Prospect Generator Is Vindicated

The prospect generator’s worst nightmare is presented in Southwestern Energy Production Co. v. Berry-Helfand and Muncey. I will over-simplify the facts: Hefland and Muncey toil for years generating James Lime prospects in a...more

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