Revisiting McGirt: New Legal Developments Challenge Oklahoma’s Landmark Ruling
As part of an ongoing spate of litigation, the U.S. Nuclear Regulatory Commission (NRC) filed a motion to dismiss, on procedural grounds, in a case that challenges its authority to require construction and operating licenses...more
On February 7, 2025, Texas Supreme Court Chief Justice James D. Blacklock asked the Supreme Court Advisory Committee (the “Committee”) to “study and make recommendations on eliminat[ing] [ ] the Court’s current practice of...more
On Monday, the U.S. Supreme Court announced that it will not hear an appeal from certain major oil and gas companies to dismiss a lawsuit by the city of Honolulu seeking to hold the companies responsible for the impacts of...more
The Federal Circuit's In re Cellect decision has caused a great deal of commentary and proposals to avoid its consequences, including changing prosecution strategies and filing prospective, precautionary terminal disclaimers...more
The only real answers we are hearing from the patent community is that no one knows what to do or what might happen next --- post Arthrex. As a quick reminder – the Federal Circuit ruled (1) the current PTAB judges were...more
ART 2: EFFORTS TO CLARIFY PATENT ELIGIBILITY UNDER § 101 - In this four-part series, we take a look forward at the cases, legislation, and other trends that are likely to have a significant impact on intellectual property...more
Although the CFPB now agrees that its structure is unconstitutional, it has filed a brief opposing the Petition for a Writ of Certiorari Before Judgment filed by All American Check Cashing with the U.S. Supreme Court. All...more
It’s a cardinal rule that to preserve an argument at trial, counsel must make a contemporaneous objection. Even cardinal rules, however, have their exceptions....more