News & Analysis as of

Supply Contracts

LNG for Japanese Buyers: End of the Road for Destination Clauses?

by Latham & Watkins LLP on

A recent announcement by the Japanese antitrust regulator could spell the end of destination clauses in certain Asian LNG SPAs. Key Points: ..Asian LNG buyers are seeking to form a buyers’ club to negotiate better and...more

Japan LNG Import Contracts – The JFTC Reports

The Japanese Fair Trade Commission (JFTC) on June 28, 2017 issued its much-anticipated report into the state of the market for contracted long term LNG supplies into Japan?. The report made a number of key observations....more

Is There a Coming Sea Change in the Analysis of whether Energy Services Contracts Are Maritime?

In 1990, the U.S. Fifth Circuit rendered its decision in Davis & Sons, Inc. v. Gulf Oil Corp., through which the Court attempted to harmonize the existing state of the law to determine whether a contract to supply a work...more

FAS again clarifies issues of applying the Retail Law with respect to discounts

by Dentons on

On 9 June 2017 the Federal Antimonopoly Service of the Russian Federation (“FAS”) published on its website the latest clarifications with respect to Article 9 of the Retail Law determining the terms on the price of products...more

Energy Update - May 2017

by Shearman & Sterling LLP on

We are pleased to release the latest issue of our client newsletter, Energy Update, designed to inform clients and friends of the firm about important developments affecting US and international energy markets. Please see...more

The review and renegotiation of Japanese LNG import contracts

Japan’s Fair Trade Commission (JFTC) is currently conducting an investigation into alleged unfair restrictions on the resale of liquefied natural gas (LNG) imports into Japan from abroad. The investigation could lead to a...more

Territorial Restrictions in Gas Supply Contracts in Japan – Antitrust Implications and Experience from the European Union

by Shearman & Sterling LLP on

Japan, the world’s biggest buyer of liquefied natural gas (“LNG”), is currently investigating the potential anticompetitive effects of territorial restrictions in LNG supply contracts. Historically, LNG suppliers have used...more

Supreme Court limits liability for shipping parts of patented inventions abroad

by Thompson Coburn LLP on

Generally, to infringe a U.S. patent, the infringing activity — the unauthorized making, using, offering to sell, selling, or importation — occurs within the United States. However, there are exceptions to this rule. Under 35...more

Life Technologies Corp. v. Promega Corp.: Supreme Court Limits Patent Infringement Liability for Suppliers Under § 271(f)(1)

by Knobbe Martens on

The Supreme Court in Life Technologies Corp. v. Promega Corp held that providing a single component of a multicomponent invention for manufacture abroad does not give rise to patent infringement liability under 35 U.S.C. §...more

"US Supreme Court Holds That Exporting One Component of Invention Abroad Does Not Suffice for Patent Infringement"

In a 7-0 decision issued on February 22, 2017, in Life Technologies Corp. v. Promega Corp., the U.S. Supreme Court held that exporting a single component of a multicomponent invention for combination abroad does not give rise...more

Supreme Court Rules In Life Technologies Corp. V. Promega Corp.

by Ladas & Parry LLP on

On February 22, 2017 in Life Technologies Corp. v. Promega Corp, the Supreme Court in a 7-0 judgment (Chief Justice Roberts having recused himself) held that for there to be active inducement of infringement by export of...more

Supreme Court Reins in International Supplier Liability under U.S. Patent Law

by Foley & Lardner LLP on

On February 22, 2017, the Supreme Court handed down a unanimous opinion in Life Technologies. Corp. v. Promega Corp., 580 U.S. ___ (2017) (Roberts, C.J., recused), holding that manufacturing and exporting a single component...more

Using Supplier Agreements as Patent Litigation Insurance

by Jackson Walker on

In a recent article written for Today’s General Counsel, patent attorney Wasif Qureshi discusses how customers can lessen risks when sued for patent infringement as a result of using technology obtained from a third party...more

2016’s Top Patent and Trade Secret Developments for Chemistry and Nanotechnology

While 2016 saw several significant IP developments regarding the USPTO claim construction standard and the standard of review of USPTO decisions, the following three developments may have the greatest impact on how in-house...more

FRANCHISEE 101: Locked In to One Approved Vendor

by Lewitt Hackman on

Franchisors often require franchisees to purchase supplies, materials, or inventory only from suppliers the franchisor approved. But where franchisors see benefits of consolidating by requiring franchisees to participate in...more

Contractual compensation scheme in long-term gas supply agreement excludes common law remedies

by Allen & Overy LLP on

Scottish Power UK Plc v BP Exploration Operating Co Ltd & ors [2016] EWCA Civ 1043, 1 November 2016 - The Court of Appeal considered the validity and scope of an industry-standard contractual provision specifying the...more

FAS publishes new clarifications on applying the Retail Law

by Dentons on

On 18 November 2016 the Federal Antimonopoly Service of the Russian Federation (“FAS”) published on its website the last package of clarifications this year to the amendments of the Retai Law1 (the “Clarifications”) which is...more

Recent Development in Retail Power and Contracting with Texas Governmental Entities

by Reed Smith on

A Texas Court of Appeals recently rejected a retail electric provider’s attempt to sue a Texas public school district for breach of contract—holding that the then-effective supply contract at issue was void and that the...more

Automotive Supplier Industry Gathers with "Industry at a Crossroads"

by Foley & Lardner LLP on

The Original Equipment Suppliers Association (OESA), the leading U.S. trade group representing automotive suppliers, convened its 2016 Annual Conference on November 2nd under the theme: “The Industry at a Crossroads.” The...more

OW Bunker in Singapore – where are we?

by Reed Smith on

Although the Singapore courts have not, to date, been required to consider the legal issues which have recently come before the English courts in the Res Cogitans, the cases which have come before the Singapore courts...more

UK Electricity Market Reform: How far have we come?

by White & Case LLP on

In this note (part 3 of a series) we reflect on the Government’s continuing implementation of Electricity Market Reform (EMR), highlight key developments in 2015 and Q1 and Q2 2016, and outline EMR milestones we expect to...more

New interaction matrix for retailers and food product suppliers elaborated

by Dentons on

On 3 July 2016 Federal Law No. 273-FZ was adopted, which requires retailers and food product suppliers to review existing contractual relationships and to choose new legal forms for their interaction. The major amendments...more

SBA Rule Changes Benefit Contractors, But Pitfalls Remain

by Morrison & Foerster LLP on

After much anticipation, the Small Business Administration has issued a final rule implementing numerous small business contracting reforms from the 2013 National Defense Authorization Act aimed at relaxing burdensome...more

Brexit Headline Checklist

by White & Case LLP on

This checklist is designed to set out some of the key questions which businesses will need to consider in their initial planning phase as they evaluate their existing structures and operations and the potential impact of...more

Commodities contracts and the impact of the OW Bunkers case

by Reed Smith on

As we reported in an earlier Client Alert, the UK Supreme Court recently handed down its highly anticipated judgment in the Res Cogitans case. The Supreme Court was unanimous in finding that a contract to supply bunkers to...more

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