KNOWING MATTERS

CRISIS RESPONSE

A disaster such as Hurricane Florence brings with it a number of legal questions. In response to these questions, Baker Botts has created a Hurricane Florence Relief Addendum for North Carolina to provide you with support to address the questions and challenges that many will face in the aftermath of this hurricane. We have assembled a number of resources which will help you in your recovery efforts.

Baker Botts lawyers are here to assist our clients, answering any questions they may have as we navigate this crisis.

Click the cover image below to access the Hurricane Florence Relief Guide.

Hurricane Florence Relief Addendum

Also, access our South Carolina version here.

 

 

 

 

 

 

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Intellectual Property Report - September 2018

Protect Your Processes: Application of On-Sale Bar to Method Claims
Lindsay Volpenhein Cutié
With the Supreme Court’s recent grant of certiorari in Helsinn Healthcare S.A. v. Teva Pharmaceuticals USA, Inc., the on-sale bar to patentability is back in the spotlight. The on-sale bar traditionally applies if two conditions are met: (1) the product is the subject of a commercial offer for sale, and (2) the invention is ready for patenting. The sale or offer for sale of a product, device, or apparatus potentially giving rise to an on-sale bar is usually a straightforward event; a tangible item is transferred from the seller to the buyer. But what about processes and methods, which are a series of acts or steps, that are not transferred in the same sense as a tangible item? This article explores the application of the 35 U.S.C. § 102 on-sale bar to method claims.
To read more, click here.

Baker Botts Special Counsel, Tammy Rhodes, to Chair HIPLA Fall Institute
The Houston Intellectual Property Law Association’s 2018 Annual Fall Institute will be held September 27-29 in Galveston, Texas. HIPLA has put on the Fall Institute in association with the University of Houston for the past 34 years. Baker Botts will be sponsoring the Institute and Tammy Rhodes, Special Counsel, will serve as the event Chair. This year's keynote speaker is Dennis Crouch, associate professor of law at the University of Missouri School of Law, and founder of the patent law blog, Patently-O. Click here to register or learn more, and we look forward to seeing you there!

Supreme Court Set to Tackle 'Secret' Patented Sales Under AIA
Robert Maier
In June, the U.S. Supreme Court agreed to hear the case of Helsinn Healthcare v. Teva Pharmaceuticals USA, in which the court will address the scope and impact of the “on sale bar” of the patent statute as it applies under the America Invents Act (AIA). The decision could have a significant impact on patenting, R&D and commercial strategy for U.S. operating companies that typically seek patent protection for their products and services.
To read more, click here.
*This article first appeared in The New York Law Journal in August 2018.

Baker Botts’ Corporate Practice Breakfast Sponsorship of the AIPLA Annual Meeting
In conjunction with the AIPLA Corporate Practice Committee, Baker Botts is proud to participate in AIPLA’s annual meeting as sponsors of the corporate practice breakfast on Thursday, October 25. AIPLA’s annual meeting will be held this year on October 25-27 in Washington D.C. We hope you can join us for a topical presentation followed by discussions with corporate counsel. Click here to register or learn more.

Colorado Moves Into the Data Privacy Spotlight with Data Protection In Effect September 1, 2018
Cynthia J. Cole, Matthew R. Kempf
California is not the only state that wants to govern the data protection and security of its constituents. Colorado has also come out with a strong, bipartisan law that puts it on the map of GDPR-like state laws and Colorado is already in application.
On May 29, 2018, just days after the EU’s General Data Protection Regulation (“GDPR”) went into effect, the governor of Colorado signed into law HB 18-1128 (the “Bill”) “concerning strengthening protections for consumer data privacy.” The Bill took effect September 1, 2018, more than a year before California’s law, which goes into effect January 1, 2020 and which has already been revised since passing in June 2018. The Colorado Legislature unanimously passed the Bill, signifying a bipartisan focus on data security and consumer protection. Though not truly centered on the precept of data privacy (i.e., the collection, use, and sharing of information), the Bill provides additional consumer protections before and after potential data breaches. The changes bolster the state’s ability to protect the Personal Information of its residents but could place heavy burdens on small business not already compliant with other U.S. data security laws.
To read more, click here.

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Leading Corporate and Technology Lawyer Joins Baker Botts

LONDON, September 10, 2018 - Baker Botts L.L.P., a leading international law firm, today announced that David Ramm has joined the firm’s Corporate Practice as a partner, based in London.

“We are thrilled that David has decided to join our London office. He is an outstanding lawyer with an engineering background and over 20 years of experience in the technology sector, working on Private Equity, M&A and Commercial Transactions,” said Andrew M. Baker, Managing Partner of Baker Botts.

“Since January of 2017, we have added 14 new partners to our Corporate Practice, and David is another excellent addition to our team. His experience and insight, both in London and globally, will add significant value for our clients,” said Mike Bengtson, Chair of the firm’s Corporate Department.

“Our London office has seen significant growth over the last 12 months, and David’s decision to join us further amplifies the momentum we are seeing in the market. Baker Botts is a firm that recognizes the importance of collegiality, professional excellence, integrity and service, while rewarding and encouraging individual accomplishments,” said Mark Rowley, Partner-in-Charge of the firm's London office.

Dr. Ramm joins Baker Botts from Morgan Lewis.

Dr. Ramm's practice focuses on financial services (particularly FinTech) and payments, technology and the life sciences sectors.

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Texas Solicitor General Scott Keller Joins Baker Botts

WASHINGTON, D.C., September 10, 2018 - Baker Botts, L.L.P., a leading international law firm, today announced that Scott Keller, former Solicitor General for the State of Texas, will be joining the firm’s award-winning Litigation and Appellate practice based in Washington, D.C.

“Scott is a nationally-recognized Appellate, Supreme Court and Constitutional lawyer. Having an appellate lawyer of his caliber in our Washington, D.C. office will enhance our already impressive Appellate practice. His experience before the U.S. Supreme Court, where he has argued 11 times, as well as in various other federal and state courts, will add enormous value for our clients,” said Andrew M. Baker, Managing Partner of Baker Botts.

“We are thrilled to welcome Scott, who is immediately relocating to Washington. His arrival in combination with the work of our partners, former Chief Justice Tom Phillips, former Supreme Court clerks Evan Young and Aaron Streett, and appellate practice group chair Macey Reasoner Stokes, allows us to fulfill our goal of building in Washington and New York what we already enjoy in Texas. That is a leading appellate practice in the United States Supreme Court and other courts across the country,” said Van Beckwith, a Dallas based partner and Chair of the firm’s Litigation Practice.

Out of his Washington, D.C. base, Mr. Keller will chair our re-constituted Supreme Court and Constitutional Law Practice with co-chairs Aaron Streett and Evan Young. Mr. Young is soon to be resident in our Washington office.

“Scott joins a team of very talented and highly qualified appellate and constitutional lawyers with exceptional experience before the U.S. Supreme Court as well as throughout the federal courts. When clients are looking at significant appellate matters, this team is unmatched in its capabilities and understanding of the Supreme Court,” said Macey Reasoner Stokes, Chair of the firm’s Appellate Practice Group.

“Scott’s extensive judicial and government experience in Washington and Austin makes him a perfect fit for our dynamic Appellate Practice,” added Mr. Baker.

Mr. Keller served as Solicitor General for the State of Texas from January 2015 until his current admission to Baker Botts. He served as Judicial Clerk to retiring U.S. Supreme Court Justice Anthony Kennedy. Mr. Keller previously worked as a Summer Associate with Baker Botts in 2006.
Next Story / CRISIS RESPONSE

Baker Botts Releases Hurricane Florence Response Guide