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Thank you for joining Baker Botts partners Kelly Rose and Hillary Holmes as they discussed Ethical Considerations in Business Transactions.
Over the last several years, the patent landscape has changed dramatically, due to changes introduced by the America Invents Act (AIA). One of the most significant changes is the establishment of new post-grant patent proceedings, including Inter Partes Review (IPR), Post-Grant Review (PGR) and Covered Business Method Review (CBMR).
“The introduction of these proceedings has dramatically changed how the validity of patents are challenged and evaluated, and has had a wide-ranging impact on the patent litigation landscape,” said Luke Pedersen, Chair of Baker Botts' PTAB Trials practice.
“Every week brings new decisions and rulings that offer insight into how the PTAB is handling these proceedings and interpreting statutes and regulations associated with the AIA. As leaders in the patent prosecution and litigation arena, the Baker Botts PTAB Trials Blog will provide a unique perspective on news, trends and analysis of PTAB proceedings as they evolve,” added Mr. Pedersen.
“With over 160 IP lawyers, holding over 180 advanced degrees, Baker Botts has an incredibly deep bench of practitioners with a wealth of experience in patent litigation, patent prosecution and post-grant proceedings. Lawyers in our PTAB Trials practice have already participated in over 135 IPRs and 10 CBMRs on behalf of our clients,” said Bart Showalter, Chair of Baker Botts' Intellectual Property practice.
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DALLAS, March 18, 2016 - Baker Botts L.L.P., a leading international law firm, announced today that its client, GENBAND, won a jury verdict in a significant patent infringement case against its competitor, Metaswitch Networks.
“This second verdict is a clear demonstration of the well-earned reputation of the top-notch patent trial lawyers at Baker Botts and Deron Dacus of the Dacus Firm,” said Jody Bishop, Senior VP, Director of Legal for GENBAND. “Having back-to-back wins is outstanding, and we credit the efforts and talent of these patent litigators.&rdquo
“This is a marked success for our patent trial lawyers who provide vital Intellectual Property guidance to clients on some of the industry’s most technologically complex patent cases,” said Bart Showalter, a partner in the firm's Dallas office and Chair of the firm's Intellectual Property group.
In the case of Metaswitch v. GENBAND, in the Eastern District of Texas, Metaswitch was asserting infringement of six patents covering Voice-over-IP technology and sought $59 million in damages. The jury found that GENBAND does not infringe any of Metaswitch's six asserted patents and found that three of them are invalid.
The case follows a prior patent infringement case Baker Botts won for GENBAND against Metaswitch in January 2016 in the Eastern District of Texas, when a jury found that Metaswitch infringed seven of GENBAND's patents, and awarded $8.2 million in damages.
GENBAND and Metaswitch compete in selling the Voice-over-IP technology involved in both cases. Based on their win in the January 2016 case, GENBAND is seeking a permanent injunction and other relief from Metaswitch’s infringement.
On May 20, 2016, the Texas Supreme Court weighed in on how trial courts handle access to evidence in trade secrets cases in a hotly-contested, years-long fight between Schlumberger subsidiary M-I Swaco and National Oilwell Varco (“NOV”).
Baker Botts landed 36th on The National Law Journal's list of the top 2015 verdicts, for the Litigation department’s work in federal court in Dallas, Texas, in the Janvey v. Maldonado case.
The latest Baker Botts PTAB Trials Blog post discusses how the Patent Trial and Appeal Board (“PTAB”) granted its sixth motion to amend on April 22, 2016 in Shinn Fu Co. v. The Tire Hanger Corp. This ability to amend during an inter partes review (IPR) has been used to justify the application of the broadest reasonable interpretation for claim construction.
On May 17, 2016, the Division of Corporation Finance of the Securities and Exchange Commission issued important updates to its Compliance and Disclosure Interpretations (“C&DIs”) regarding the use of non-GAAP financial measures.
On May 17, 2016, the Department of Labor’s Wage and Hour Division (the “DOL”) published the final rule increasing the salary basis requirement to establish that an executive, administrative, professional, outside sales, or computer employee is exempt from overtime pay (the “Final Rule”).
Baker Botts Intellectual Property partner, Christa Brown-Sanford was selected to Dallas Business Journal’s 2016 “40 Under 40” List for her dedication to her career and community.
The Hong Kong courts have supported the use of anti-suit injunctions to prevent a party from commencing or continuing proceedings in breach of an arbitration agreement. In the most recent case of Sea Powerful II Special Maritime Enterprises (ENE) v Bank of China Ltd  HKCFI 39, however, the Hong Kong Court of First Instance declined to grant an anti-suit injunction where the party seeking relief had not timely sought the anti-suit injunction, even though the opposing party suffered no prejudice from the delay.
In the Baker Botts IP Report, lawyers share their insight on the latest Intellectual Property topics.
On May 11, 2016, President Obama signed the Defend Trade Secrets Act of 2016 (“DTSA”) into law, after the bill passed Congress with broad bipartisan support from both the Senate (87-0) and the House (410-2) in April.
Baker Botts today announced that it has appointed Rick Boulin as the firm’s new Chief Information Officer.
On May 4, 2016 the Internal Revenue Service (the “IRS”) issued final and temporary regulations, Treasury Regulation § 301.7701-2T (the “Regulation”), to clarify the employment tax treatment of partners in a partnership that owns a disregarded entity.
On May 12, 2016, the Obama administration announced sweeping initiatives to regulate air emissions from oil and gas exploration, production, and transportation facilities. Two final rules, which were originally proposed by the U.S. Environmental Protection Agency (“EPA”) in September 2015, modify how oil and gas sources will be permitted under the Clean Air Act (the “Aggregation Rule”) and add requirements to reduce methane leaks from new oil and gas facilities consistent with the EPA's New Source Performance Standards (“NSPS OOOOa”).
Steven Miles talks about the LNG Summit and talks us through some of the LNG sales, purchasing and tolling agreements as well as how these are changing as well as the challenges anticipated in oversupplying the market.
On November 6, 2015, Baker Botts Advises Hercules Offshore In Prepackaged Chapter 11 Case Restructuring over $1.2 Billion in Debt.
Baker Botts represented Barclays Capital Inc. as financial advisor to MRD. Range Resources Corporation (NYSE: RRC) and Memorial Resource Development Corp. (NASDAQ: MRD) announced today a definitive merger agreement under which Range will acquire all of the outstanding shares of common stock of MRD in an all-stock transaction valued at $4.4 billion.
On April 22, Baker Botts released the inaugural edition of the firm's Private Equity Report, which examines recent developments and trends impacting private equity funds and the companies in which they invest.