Expert Analysis

• Data Storage IP Case Aids In Untangling Similar Claim Terms

  

  The Federal Circuit's recent reversal of a decision to invalidate a digital storage patent demonstrates the importance of closely analyzing the intrinsic record to fill definitional gaps during claim construction, say Kyle Ryman and Joel Thollander at McKool Smith.

• Perspectives

  How Attorneys Can Help Combat Anti-Asian Hate

  

  Amid an exponential increase in violence against Asian American and Pacific Islander communities, unique obstacles stand in the way of accountability and justice — but lawyers can effect powerful change by raising awareness, offering legal representation, advocating for victims’ rights and more, say attorneys at Gibson Dunn.

• Opinion

  Congress Needs To Enact A Federal Anti-SLAPP Statute

  

  Although many states have passed statutes meant to prevent individuals or entities from filing strategic lawsuits against public participation, other states have not, so it's time for Congress to enact a federal statute to ensure that free speech and petitioning rights are uniformly protected nationwide in federal court, say attorneys at Skadden.

• Financial Industry Must Beware Rising BIPA Litigation Tide

  

  As Biometric Information Privacy Act litigation engulfs more financial institutions, it’s important that they evaluate their practices for collecting biometric data, and to consider whether their vendors should comply with BIPA’s requirements, and even some related California laws, say attorneys at Katten.

• Why Fed. Circ. Should Explain Treatment Of Prior Art Ranges

  

  The Federal Circuit in UCB v. Actavis recently cited previous cases in holding that prior art disclosure of a range is not a disclosure of its endpoints, but the appeals court needs to more thoroughly explore the basis for this decades-old patentability precedent, say Ben Katzenellenbogen and Paul Stewart at Knobbe Martens.

• A Watershed Moment For Microbiome-Based Therapy

  

  While there has been limited microbiome patent enforcement so far, the regulatory approvals of three microbiome-related products and the case of Ferring v. Finch indicate that microbiome patent litigation could take off, and may spur greater investment in this space, say Mark FitzGerald and Alissa Young at Nixon Peabody.

• Some Client Speculations On AI And The Law Firm Biz Model

  

  Generative artificial intelligence technologies will put pressure on the business of law as it is structured currently, but clients may end up with more price certainty for legal services, and lawyers may spend more time being lawyers, says Jonathan Cole at Melody Capital.

• Shkreli Cos. Bankruptcy Illustrates Novel Subchapter V Trend

  

  Vyera Pharmaceuticals and related companies founded by convicted "Pharma Bro" Martin Shkreli recently filed for bankruptcy under Subchapter V in Delaware, becoming the latest case to show the appeal of the subchapter for debtors with large contingent or unliquidated liabilities seeking a more efficient form of bankruptcy, says Sam Ashuraey at Paul Hastings.

• A Look At Texas Business Courts' Potential M&A Impact

  

  A bill heading to Texas Gov. Greg Abbott's desk is a push for specialist judges with more expertise in the business area, but it is unlikely to have an immediate effect on mergers and acquisition practitioners and contracts, for several important reasons, says Candace Groth at Vela Wood.

• Lessons On Corporate Fiduciary Duties From Del. M&A Case

  

  The recent decision in New Enterprise Associates v. Rich, which held that a contractual covenant by certain stockholders not to challenge specific sales of the company was enforceable, highlights that the Delaware Court of Chancery generally is likely to be receptive to waivers of fiduciary duties that are agreed by sophisticated stockholders, say attorneys at Fried Frank.

• A Lawyer's Guide To Approaching Digital Assets In Discovery

  

  The booming growth of cryptocurrency and non-fungible tokens has made digital assets relevant in many legal disputes but also poses several challenges for discovery, so lawyers must garner an understanding of the technology behind these assets, the way they function, and how they're held, says Brett Sager at Ehrenstein Sager.

• Opinion

  High Court's Ethics Statement Places Justices Above The Law

  

  The U.S. Supreme Court justices' disappointing statement on the court's ethics principles and practices reveals that not only are they satisfied with a status quo in which they are bound by fewer ethics rules than other federal judges, but also that they've twisted the few rules that do apply to them, says David Janovsky at the Project on Government Oversight.

• High Court Amgen Patent Ruling Promotes Medical Innovation

  

  The U.S. Supreme Court's decision last week in Amgen v. Sanofi — the first to enforce the patent enablement requirement in a biotech setting — will be enormously impactful, affecting patent drafting, litigation and licensing, and investment in research and development for life-changing therapies, says Irena Royzman at Kramer Levin.

• Bankruptcy Ruling Guides Secured Lenders On Proxy Rights

  

  The Delaware bankruptcy court’s recent ruling in the case of CII Parent is an example of how a secured lender can utilize proxy rights to affect a borrower's ability to use bankruptcy as a protective tool against lender action, say David Wender and Nathaniel DeLoatch at Eversheds Sutherland.

• A Look At Corwin Cleansing After Chancery Edgio Ruling

  

  The Delaware Chancery Court's denial of Corwin cleansing in an action seeking post-closing injunctive relief in the Edgio stockholders case has potentially significant implications for corporations and their boards in the negotiation of investment agreements with significant stockholders, say attorneys at Cleary.