Baker Botts

Transportation Department Proposes Enhanced Rail Car Standards and Controls for Trains Carrying Ethanol and Crude Oil

On July 23, 2014, the Department of Transportation’s Pipeline and Hazardous Materials Safety Administration (PHMSA) issued a Notice of Proposed Rulemaking (NOPR) detailing its proposed revisions to the Hazardous Materials…more

7/31/2014 | Energy & Utilities, Transportation

The Supreme Court’s Push For Clarity in Patent Cases

The Supreme Court had a busy term, particularly with regard to patent cases, and especially in an effort to provide much needed guidance to the divided U.S. Court of Appeals for the Federal Circuit. The Supreme Court granted…more

7/29/2014 | Civil Procedure, Civil Remedies, Intellectual Property, Science, Computers, & Technology

Regulation – a help or a hindrance to the UK shale industry?

DESPITE significant public opposition in the UK to hydraulic fracturing (fracking) and shale gas development, there has been a upswing of activity and announcements in the first half of 2014. In May, the British…more

7/29/2014 | Energy & Utilities, Environmental Law, Zoning, Planning & Land Use

U.S. Appellate Court Raises Questions Regarding Transparency of CFIUS Process

The District of Columbia Court of Appeals, generally considered the most influential appellate court in the country on matters involving issues of governmental power, has resurrected a challenge by a Chinese-owned company to…more

7/25/2014 | Civil Procedure, Constitutional Law, Elections & Politics, Finance & Banking, International Law & Trade

The Mystery of the Federal Circuit Advisory Council’s Short-Lived Model Orders

In July 2013, the Advisory Council for the US Court of Appeals for the Federal Circuit, a committee that includes Federal Circuit litigators, law professors, court clerks, and government attorneys, issued a “Model Order Limiting…more

7/23/2014 | Civil Procedure, Electronic Discovery, Intellectual Property

Medical Devices: recent developments in the UK and the US

As it becomes harder for rights holders to control the flow of infringing medical products, Baker Botts’ Neil Coulson and Mark Whitaker review developing case law on both sides of the Atlantic. Whether a company develops…more

7/22/2014 | Antitrust & Trade Regulation, Civil Procedure, Intellectual Property, International Law & Trade, Science, Computers, & Technology

Arbitration Report - July 2014

In this Report: - U.S. Personal Jurisdiction Limits on Actions under the New York Convention: First Investment Corporation of the Marshall Islands v. Fujian Mawei Shipbuilding, Ltd. - Update on Most Favoured…more

7/22/2014 | Alternative Dispute Resolution (ADR), Civil Procedure, Commercial Law & Contracts, Finance & Banking, International Law & Trade

Case Alert -- Federal Circuit Reverses District Court Denying Stay Pending Covered Business Method Review

On July 10, 2014, the Federal Circuit issued an opinion in VirtualAgility Inc. v. Salesforce.com, Inc., in which it reversed the district court’s order denying Salesforce’s motion to stay the district court suit pending…more

7/18/2014 | Civil Procedure, Civil Remedies, Intellectual Property, Science, Computers, & Technology

Challenging Prior Art Status In Post-Grant Proceedings

An inter partes review (“IPR”) proceeding allows a party to challenge the validity of a patent before the Patent Trial and Appeals Board (“PTAB”) of the U.S. Patent and Trademark Office (“USPTO”). In an IPR proceeding,…more

7/18/2014 | Civil Procedure, Intellectual Property

The Duty Of Candor: Letting The Truth Shine

“Three things cannot hide for long: the Moon, the Sun, and the Truth.” The Patent Trial and Appeal Board (“PTAB”) relies on the truth coming to light to resolve disputes in post-grant proceedings in a “just, speedy, and…more

7/18/2014 | Civil Procedure, Intellectual Property

CBM Can Turn The Tables In Patent Litigation

New patent infringement lawsuits fill the dockets every morning. The asserted patents are often directed to a process involving financial services or products, electronic commerce or monetary matters. The patents may implement…more

7/14/2014 | Civil Procedure, Intellectual Property, Science, Computers, & Technology

US Supreme Court to Review Federal Jurisdiction over State Tax Cases

A recent Supreme Court action may impact taxpayers who have or are contemplating filing a lawsuit challenging a state tax law, or retailers analyzing compliance requirements under state Amazon laws. On July 1, 2014 the Supreme…more

7/14/2014 | Civil Procedure, Conflict of Laws, Constitutional Law, Taxation

Are We There Yet? CCS and Cost-Effectiveness Analyses

In 2011, the U.S. Environmental Protection Agency (EPA) issued pioneering guidance on the Best Available Control Technology (BACT) analysis for the control of greenhouse gas (GHG) emissions. In that guidance, EPA acknowledged…more

7/10/2014 | Civil Procedure, Energy & Utilities, Environmental Law, Zoning, Planning & Land Use

Fifth Circuit Holds TCEQ Water Permits Not Proximate Cause of Whooping Crane Deaths, Reverses Ban on Permitting

HOUSTON, July 2, 2014 -- Following briefing and argument by lawyers from Baker Botts and the Texas Office of Solicitor General, on June 30, 2014 the United States Court of Appeals for the Fifth Circuit reversed a district court…more

7/3/2014 | Civil Procedure, Environmental Law, Zoning, Planning & Land Use

Rebalancing Indefiniteness: Nautilus v. Biosig

In a highly anticipated decision, the Supreme Court has rejected the Federal Circuit’s standard for indefiniteness – that a claim is indefinite only when it is not amenable to a construction or “insolubly ambiguous” – and…more

7/3/2014 | Civil Procedure, Intellectual Property