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01.24.19
Key Takeaways From the U.S. Supreme Court's Patent Decision Regarding Prior Art and Secret Sales
By Procopio Partner Miku H. Mehta and Attorney Ernest Huang Nearly eight years after the passage into law of the America Invents Act of 2011 (AIA), the U.S. Supreme Court is still weighing in on the historic reform’s impact on established patent law. In a closely watched case within the patent community, in Helsinn Healthcare S.A. v. Teva Pharmaceuticals USA, Inc., U.S., No. 17-1229 (Jan 22, 2019) the High Court ruled that the AIA did not upset long-understood interpretations of how sal...
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01.16.19
What U.S. Companies Need to Know About Foreign Arbitration Awards Before Partnering With a Foreign Company
By Procopio Attorney Lianlian Wu As U.S. companies increasingly do business with foreign companies, many are discovering that their operations could be put at significant financial risk based on an arbitration conducted in a foreign country. Whatever familiarity an in-house general counsel may have with conducting corporate litigation in U.S. courts, they may not be prepared for the fact that an arbitration award against them abroad could be enforced against them in the U.S. Furthermore, ...
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01.08.19
Key Local Agency Transparency Rules Apply To Charter Schools, According to Attorney General
By Procopio Partner John C. Lemmo After seven years of consideration, the California Attorney General recently issued his opinion that longstanding local agency laws require charter schools to comply with the open meeting and records rules of the Brown Act and Public Records Act, and the conflict of interest disclosure and restrictions of the Political Reform Act. For the vast majority of charters in the state, the opinion will have little or no practical impact in that regard, beca...
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01.07.19
Patent Office Issues New Examiner Guidance on Subject-Matter Eligibility
By Procopio Partner Pattric J. Rawlins and Attorney Jonathan D. Cheng The U.S. Patent and Trademark Office (USPTO) has issued its highly anticipated guidance on determining when subject matter is ineligible for patenting. The stated goal of this guidance is to promote clarity, consistency, and predictability in how 35 U.S.C. 101 is applied during patent examination. The new guidance supersedes prior guidance and ostensibly makes it more difficult for examiners to reject subject matter ...
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12.12.18
New Inspection Requirements Imposed on Some Multi-Family Building Owners
By Procopio Associate Kia R. Brady Owners of multi-family buildings, beware! A new law that went into effect in September 2018 imposes new requirements regarding inspections, reporting and repairs that could result in significant penalties and even property foreclosure for non-compliant owners. This new law (SB 721) affects owners of multi-family buildings containing at least three units and featuring an exterior elevated element with a load-bearing component, such as a balcony, deck,...
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11.29.18
Employers Beware: Using Employee Non-Solicitation Clauses May Violate California Law
A California Court of Appeal on November 1, 2018, affirmed a San Diego trial court’s judgment voiding post-employment non-solicitation of employee contract provisions and enjoining their enforcement. In AMN v. Aya Healthcare __ Cal. App. 4th __, 2018 WL 5669154, the Court also confirmed the award of attorney’s fees to the prevailing former employees and their new employer under California Code of Civil Procedure section 1021.5, which authorizes an award of fees “in the enforcement of an...
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10.24.18
What California's New Law on Female Board Members May Mean For Your Public Company
By Procopio Attorney Christopher L. Tinen There has been a significant amount of media coverage of a landmark California bill recently signed into law by Governor Jerry Brown mandating female representation on corporate boards of directors of public companies located in California. SB 826 was written broadly, encompassing a wide array of public companies whose principal offices are located in California, including those incorporated elsewhere, such as Delaware. While the law has faced ...
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10.18.18
Why You Should Think Twice Before Withholding Payment From Your Subcontractor
By Procopio Associate Katlyn L. Gregg As anyone involved in even the most straightforward construction project is aware, payment disputes frequently arise between contractors. If you are in the middle of the payment dispute, it may seem practical to withhold all payment to the subcontractor until the dispute is resolved. However, a recent holding by the California Supreme Court demonstrates the danger in failing to timely pay a subcontractor for all amounts that are undisputed...
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10.16.18
NAFTA May Be Replaced by USMCA: What Would That Mean for Your Taxes?
By Juan D. Arau and Anuar Estefan On September 30, 2018, representatives from Canada, Mexico and the United States of America (the “U.S.”), announced that after thirteen months of intense negotiations, the three countries reached a preliminary agreement. This agreement revises the terms of the North American Free Trade Agreement (“the NAFTA”). The full text of the proposed agreement was published by the U.S. government on October 1, 2018, under the name The United States – M...
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10.11.18
Significant New Patent Office Rule Reshapes Strategic Approaches to Patent Claim Challenges
By Procopio Partner Miku H. Mehta In a significant decision that promises to impact strategic thinking in patent claim challenges, the U.S. Patent and Trademark Office (USPTO) will soon adopt the same reading of claims in Patent Trial and Appeal Board (PTAB) post-grant proceedings as that used in federal district court. Any inter partes review (IPR), post-grant review (PGR) or covered business method patent review (CBM) filed with PTAB on or after November 13, 2018, will be subject to the...
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