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Aqua Products: Amendments For the Rest of Us


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.

Recent Canadian regulatory developments - OSFI releases draft Revised Corporate Governance Guideline


Stuart S Carruthers, Stikeman Elliott LLP In this article, Stuart Carruthers at Stikeman Elliott assesses recent regulatory developments in the Canadian market, highlighting particularly the draft of the Revised Corporate Governance Guideline.

Some features of the direct action against liability insurers under Belgian law: the Sunset Clause and direct action against foreign insurers


Hugo Keulers, Lydian This article discusses two important features of the direction action against liability insurers under Belgian law. First, the Belgian Supreme Court has rendered an important decision regarding a discussion on the interpretation and application of the sunset clause in article 142 of the Insurance Act of 4 April 2014. Second, the Belgian direct action system is also much broader than the direct action that is allowed against indemnity/liability insurers in other EU jurisdictions. However, the application of the Belgian direct action in an international context has been challenged in Belgian case law.

The New 2017 FIDIC Suite of Contracts

Nicholas Gould

Nicholas Gould, Fenwick Elliott LLP The new FIDIC 2017 suite of contracts was launched in London at the FIDIC International Contract Users’ Conference in December 2017. The first edition of the suite was issued in 1999, and so 18 years have passed without revision. A pre-release version of the Yellow Book was unveiled on 6 December 2016 at the Users’ Conference in London, which resulted in further consultation, discussion and amendment before the 2017 second editions were concluded. The second-edition contracts include the Red Book (a traditional-build contract, so for construction only with design by the employer), the Yellow Book (a design-and-build contract) and the Silver Book (for EPC/turnkey projects).

Construction 2018: Roundtable

Who’s Who Legal brings together Michael Stokes at Navigant, Patrick McGeehin at FTI Consulting and Amit Garg at Secretariat International to discuss issues facing construction experts and the industry today.

Comments About 2017 Life Science Transactions and Outlook for 2018


Yuval Horn, Horn & Co Law Offices It has been an exciting year in 2017, with many significant factors affecting growth and development, along with several transactions that we have been involved in. I will focus on the five most interesting in our practice.

Protection and Certainty: Are The English Courts Getting The Balance Right?


Liz Cohen and Amy Cullen, Bristows LLP Many of the cases before the English courts over the past year have dealt with the availability and scope of patent protection, in their attempt to achieve a fair protection for patentees while achieving sufficient certainty for third parties to enable them to go about their business free from the threat of patent infringement proceedings. How have the English courts approached this and have they got the balance right?

Life Sciences: Q&A


Liad Whatstein, Liad Whatstein & Co Law Office In an interview with Who’s Who Legal, Liad Whatstein discusses the internationalisation of sector-related disputes, the increasing importance of data protection and security matters and upcoming challenges facing lawyers in the area.

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