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.
Also, access our South Carolina version here.
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
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.
“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.
The cornerstone of our Summer Associate Program, Baker Weekend, brings together summer associates and lawyers from all seven of our U.S. offices for a weekend of training and social events. This video provides highlights from this year's event.
The Tax Cuts and Jobs Act (P.L. 115-97), signed into law on December 22, 2017, created new U.S. federal income tax1 incentives for taxpayers that make certain investments in...
We are pleased to announce that our Austin office is supporting United Way for Greater Austin’s Success By 6 program and its newest initiative, Family Connects. The three-week campaign, which includes a supply drive, e-pledges, and a Build-a-Bike activity, along with participating in UWATX’s Fall Day of Caring, begins on September 7th.
Baker Botts is partnering with Wolters Kluwer to produce the second webinar in a series focused on international data privacy.
We are representing Novartis on the U.S. antitrust clearance of its sale of its Sandoz division’s U.S. dermatology business and generic U.S. oral solids portfolio to Aurobindo Pharma U.S.A., Inc.. The parties announced the transaction on September 5, 2018.
For the second consecutive year, Baker Botts and the Center for Energy Studies at Rice University's Baker Institute are co-hosting their annual energy summit. This year's event...