Articles and Briefings

How Do We Thrive Together: Understanding the “Yours, Mine, and/or Ours” of Intellectual Property Rights in Joint Development Agreements

Oct 22 2019

Collaboration is a key strategy for growth of many companies in certain sectors, such as energy, technology, and life sciences, where research and development is critical to maintaining a competitive advantage, but can be incredibly expensive to undertake. By working together on R&D, companies can both contain costs and bring together the best ideas and information from both parties.

Brexit: Vote or No Vote?

Oct 18 2019

UK Parliament will meet Saturday to consider the revised withdrawal agreement and political declaration approved by the European Council this week. While media attention has focused on the government's efforts to forge a majority in favor of the revised deal, a key amendment to the main motion might yet delay that vote, keeping open the possibility of a Brexit extension beyond Oct. 31 unless the primary legislation required to deliver the deal is in place.

Brent Babcock in IAM: Trends in PTAB Motions—Viable New Options for Patent Owners

Oct 09 2019

Since the enactment of the America Invents Act in Autumn 2012, litigating patentability challenges before the PTAB has generally been viewed as an all-or-nothing proposition. The tide has now turned with the announcement by the USPTO in March 2019 of a formal pilot programme designed to allow patent owners to more readily amend their patent’s claims during PTAB trials.

Energy and Natural Resources, energy storage, energy law, energy infrastructure, renewable energy

Whose Milkshake is Whose?: Pennsylvania Supreme Court Considers Whether the Rule of Capture Applies to Hydraulic Fracturing

Oct 08 2019

With October 31 Deadline Looming, UK Supreme Court Rules Against Government in Key Brexit Decision

Sep 25 2019

In a major departure from the orthodox approach taken by the English High Court, the UK Supreme Court has unanimously ruled that the government’s decision to prorogue Parliament was unlawful, void and of no effect. The Supreme Court also ruled that the government’s advice to the Crown was unlawful.

Brexit: Election Roulette?

Sep 05 2019

In the early hours of Sept. 5 the UK government conceded that it will not use delaying tactics in the House of Lords to block the passage of the bill designed to avert a "no deal" Brexit. The bill completed its House of Commons stages on Sept. 4, and time has been reserved on Sept. 9 for the House of Commons to consider any Lords' amendments. The House of Commons has then resolved to delay any adjournment up to Sept. 11 until the Speaker has reported Royal Assent.

Keeping Trade Secrets Out of Patents

Sep 05 2019

Trade secret and patent laws both provide intellectual property protection but have conflicting requirements that can impose challenges for a company seeking to maximize its protection under each right.

Brexit: Betting the House?

Sep 03 2019

It is not true to say that business requires certainty and stability. Uncertainty creates risk, but it also creates opportunity. Risk and profit are inextricably related. It is, however, true to say that business does not normally expect government and the legislative process to be a source of uncertainty and instability. In the UK, such normal expectations continue to be severely tested by Brexit.

Drafting in Uncertain Times

Sep 03 2019

Once again practitioners find themselves on the other side of a sea-change of the transfer tax regime only to have “stability” for a number of years. As in 2012, the current tax environment presents unique planning opportunities. However, at the stroke of midnight on December 31, 2025, Cinderella’s coach turns back in to a pumpkin and we are back to a $5 million basic exclusion amount, indexed for inflation from 2011.

Bermuda Update

Sep 03 2019

This note combines several topics on which we’ve written: Bermuda (Feb 2017), offshore trust jurisdictions (May 2017), the Trump tax act and legislative updates (several).

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