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M&A and Governance Practice Area Review: Austria

M and A

Clemens Philipp Schindler, Schindler Attorneys In this article, Clemens Philipp Schindler at Schindler Attorneys assesses the Austrian corporate market over the past year, including deal activity and developments across various sectors from real estate and financial services to TMT and energy.

Role of the Target’s Board in Control Transactions from a Governance Standpoint

Targa

Cyril Shroff, Cyril Amarchand Mangaldas India is expected to remain one of the fastest-growing economies in the world on the back of favourable demographics and reforms in the legal and regulatory framework. In this article, Cyril Shroff of Cyril Amarchand Mangaldas discusses the evolution of corporate governance within the Indian market.

Market Trends and New Issues in Canada – 2018

Market Trends and New Issues in Canada, 2018 - Blake Cassels & Graydon LLP

Michael Gans and Alex Moore, Blake Cassels & Graydon LLP In this article, Michael Gans and Alex Moore of Blake Cassels & Graydon explore the recent trends affecting the Canadian M&A market. Notably, in a departure from the typical reliance in the Canadian market on natural resource deals, the past year brimmed with innovation, including a focus on opportunities in the tech space and cryptocurrencies, and the emergence of the Canadian recreational cannabis industry.

Solving patent licensing in an IoT world

Richard Vary

Richard Vary, Bird & Bird LLP More things are becoming connected. Wireless telecommunication is, gradually, becoming incorporated into all areas of our lives. 

“Early Certainty” in Inter-Partes Oppositions Before the European Patent Office

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Implementation of EPO initiatives call for revised strategies Jakob Pade Frederiksen, Inspicos In this article, Jakob Pade Frederiksen of Inspicos reviews the effects of the European Patent Office’s (EPO’s) Early Certainty initiative and the Rules of Procedure of the Boards of Appeal (RPBA) revision to inter partes opposition and appeal proceedings before the EPO, and provides recommendations to parties to safeguard their rights.

Compulsory Patent Licences in Germany

Andreas Falck

No Carte blanche for generics? Andreas von Falck, Hogan Lovells

Brazil Patent Updates

Luiz Leonardos

Ana Paula Jardim, Luiz Leonardos and Gustavo Leonardos, Luiz Leonardos Intellectual Property This article highlights the recent efforts taken by the Brazilian Patent and Trademark Office to tackle the backlog of patent applications pending examination throughout the country.

Aqua Products: Amendments For the Rest of Us

akwah

Kenneth R Adamo, Eugene Goryunov and Noah S Frank, Kirkland & Ellis LLP* In a Leahy–Smith America Invents Act (AIA) post-grant review, section 316(d) of the Patent Act allows patent owners to file a motion to amend the challenged claims by “propos[ing] a reasonable number” of substitute claims. Section 316(e) also provides that “the petitioner shall have the burden of proving a proposition of unpatentability.” Until late 2017, the Patent Trial and Appeal Board (PTAB) placed the burden of showing the patentability of proposed substitute claims on patent owners. In Aqua Products v Matal, however, the Federal Circuit held that the PTAB must “assess the patentability of the proposed substitute claims without placing the burden of persuasion on the patent owner.” In other words, the Federal Circuit held that petitioners, not patent owners, bear the burden to show proposed substitute claims are unpatentable, a 180-degree shift.

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