Baker Botts

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

Tackling Standard Of Review For Compelled Corporate Speech

The U.S. Securities and Exchange Commission is hoping for another bite at the apple in the legal controversy surrounding its conflict minerals rule (“CM rule”). At the same time, an unrelated case raising nearly identical First…more

7/1/2014 | Civil Procedure, Commercial Law & Contracts, Constitutional Law, Securities Law

U.S. Government Enters $21 Million Sanctions Settlement With Dutch Aviation Services Company Arising out of Voluntary Self-Disclosure

The recent $21 million U.S. government sanctions settlement with Fokker Services BV (“Fokker”), a Dutch aerospace services provider, signifies an increasing appetite on the part of U.S. regulators to go after non-U.S. companies…more

7/1/2014 | Commercial Law & Contracts, Criminal Law, Finance & Banking, International Law & Trade

Supreme Court Does Away with the Presumption of Prudence: What's Next for Employer Stock Funds in 401(k) Plans and ESOPs?

On June 25, 2014, the United States Supreme Court issued its much anticipated “stock drop” decision in Fifth Third Bancorp v. Dudenhoeffer, ___ U.S. ___ (2014). The Court, in vacating the Sixth Circuit’s ruling, held that there…more

6/30/2014 | Business Torts, Civil Procedure, Finance & Banking, Labor & Employment Law, Securities Law