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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

Patents for Real Estate Searching on a Computer Are Invalid Under Section 101

USA - February 1 2018 Real Estate Alliance (“REAL”) appealed District Court’s summary judgment invalidating one of its asserted patents under section 101 for claiming

Mexican Conventional Onshore Oil & Gas Blocks to be Auctioned Off in July 2018

Mexico, USA - February 13 2018 In our October 2016 alert, we described the potential for development of Mexican shale oil & gas. Perhaps we were a bit too optimistic on the timing

Declaration Submitted during IPR from Inventor of Prior Art Confirmed its Inherent Disclosure to Invalidate Monsanto’s Patent Claims

USA - January 5 2018 Monsanto appealed a Final Written Decision by the PTAB finding claims of U.S. Patent No. 7,790,953 (the “’953 patent) invalid in view of prior art in

SCOTUS Limits Protections for Whistleblowers

USA - February 22 2018 The U.S. Supreme Court has spoken: Dodd-Frank protection extends only to individuals who report violations of securities laws directly to the

Factual Questions May Preclude Early Resolution of Invalidity under Section 101

USA - February 20 2018 In the wake of the Supreme Court's Alice decision, 35 U.S.C. 101 has become a popular and potent defense in patent litigation, especially in

Mexican Conventional Onshore Oil & Gas Blocks to be Auctioned Off in July 2018

Mexico, USA - February 13 2018 In our October 2016 alert, we described the potential for development of Mexican shale oil & gas. Perhaps we were a bit too optimistic on the timing

Patents for Real Estate Searching on a Computer Are Invalid Under Section 101

USA - February 1 2018 Real Estate Alliance (“REAL”) appealed District Court’s summary judgment invalidating one of its asserted patents under section 101 for claiming

Ford Succeeds In Invalidating Some, But Not All, Claims Of Two Paice’s Patents Related To Hybrid Vehicles

USA - February 1 2018 Patent owner Paice appealed from PTAB’s final written decisions in six inter partes reviews (“IPR”) holding certain challenged claims of its two