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Andrews Kurth Kenyon LLP

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A drafting reminder: remember the recitals

United Kingdom - November 25 2014 It is often the case that where commercial contracts include a recitals section preceding the operative provisions, the recitals will be among those

A sure way to lose your case? Challenging contract terms for uncertainty

United Kingdom - October 4 2013 One basic principle of contract law is that terms must be certain. Certainty, however, tends to be a slippery beast and is rarely ever achieved in

Unitisation the oil and gas industry’s solution to one of geology’s many conundrums

United Kingdom - August 29 2014 Geology, and nature in general, are never perfect. Given the migratory nature of oil and gas, a hydrocarbon reservoir will often straddle two or more

Pay a Bonus Early to Increase a Corporation’s Cash Flow?

USA - November 29 2017 If the pending federal tax legislation is approved and a reduced corporate tax rate becomes effective January 1, 2018, then corporations should

Don’t Lose Your Privilege: Best Practices for the In-House Lawyer

Australia, USA - October 3 2017 In-house lawyers and their clients know that an email is not automatically cloaked in privilege just because a lawyer appears on the cc line. But when

Pay a Bonus Early to Increase a Corporation’s Cash Flow?

USA - November 29 2017 If the pending federal tax legislation is approved and a reduced corporate tax rate becomes effective January 1, 2018, then corporations should

Federal Circuit Rules Petitioners Bear Burden of Proof to Establish Unpatentability of Claim Amendments in Inter Partes Reviews

USA - November 9 2017 In a long-awaited decision, the Federal Circuit, sitting en banc, has ruled that petitioners in AIA patent trials bear the burden of proving that

Patent Claims Directed to Streaming AudioVisual Data Service Found to Be Ineligible Subject Matter Under 35 U.S.C. 101.

USA - November 1 2017 Claims directed to a streaming audiovisual data service are ineligible subject matter under 35 U.S.C. 101 if the claims are only directed to

Erectile Dysfunction Drug-Patent Found Obvious

USA - November 1 2017 The CAFC will reverse a finding of non-obviousness where key references are missing from a district court’s opinion and mere concerns over

Federal Circuit Reverses Finding of Indefiniteness for Claiming Both an Apparatus and a Method

USA - October 30 2017 System claims containing functional language are not indefinite for covering both an apparatus and a method if the claims merely use permissible