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HTMLNew York Tests Daimler's Limits with Its Consent-to-Jurisdiction Rule for Foreign Companies Registering to Do Business in the State
Harold K. Gordon, Sevan Ogulluk; Jones Day;
Legal Alert/Article
July 3, 2015, previously published on June 2015
The U.S. Supreme Court's 2014 blockbuster holding in Daimler AG v. Bauman significantly limited the circumstances in which U.S. courts can exercise general jurisdiction over foreign corporate defendants. Commonly referred to as "all-purpose" jurisdiction, general jurisdiction authorizes...

 

HTMLFast-Track Negotiating Authority May Spur Free Trade Agreements
Laura L. Fraedrich, Chase David Kaniecki; Jones Day;
Legal Alert/Article
July 3, 2015, previously published on July 2015
On June 29, 2015, President Obama signed legislation that gives him trade promotion authority ("TPA") for the first time since 2007. Also known as fast-track negotiating authority, TPA provides President Obama with the authority to negotiate international agreements that Congress must...

 

HTMLEuropean Union General Court Establishes New Rules of Procedure
Eric Barbier de la Serre, Claire Lavin, Eric Morgan de Rivery; Jones Day;
Legal Alert/Article
July 3, 2015, previously published on July 2015
The European Union's General Court has adopted new Rules of Procedure and Practice Rules (previously known as "Practice Directions"), which each enter into force on July 1, 2015. The General Court is the second highest of the EU courts. Its jurisdiction includes the power to review the...

 

HTMLMexico's Federal Electricity Commission Announces New Projects for US$10 Billion
José Estandía, Antonio Franck, Thomas E. Heather, Jeffrey A. Schlegel, Alberto de la Parra Z.; Jones Day;
Legal Alert/Article
June 30, 2015, previously published on June 25, 2015
On June 23, 2015, Mexico's Federal Electricity Commission ("CFE") announced public tenders in Mexico and the United States for more than 150 billion pesos or almost US$10 billion of new projects that will be called by the end of the year for completion by 2018. The most important of these...

 

HTMLMembers of the Securities Regulator and the Enforcement Committee Issue Proposals on Dual Enforcement of Market Abuses
Philippe Goutay, Anselme Mialon; Jones Day;
Legal Alert/Article
June 26, 2015, previously published on June 2015
As previously reported, recent case law requires amending rules providing for the dual enforcement of market abuses both by the enforcement body of the securities regulator and criminal courts.

 

HTMLCourt Finds Swap Agreement and Underlying Lease Agreement Are Not Severable
Philippe Goutay, Anselme Mialon; Jones Day;
Legal Alert/Article
June 26, 2015, previously published on June 2015
In a decision dated January 20, 2015, the Paris Court of Appeal confirmed an earlier decision held by a lower court in a case involving a floating rate lease agreement and a swap contract.

 

HTMLSupreme Court Upholds Prohibition Against Post-Expiration Patent Royalties
Gregory A. Castanias, David M. Maiorana, Geoffrey D. Oliver, Douglas H. Pearson; Jones Day;
Legal Alert/Article
June 26, 2015, previously published on June 2015
In its rather cheeky decision in Kimble v. Marvel Entertainment, LLC, 576 U.S. &under;&under;&under;&under;&under; (June 22, 2015), the U.S. Supreme Court refused to overturn a 50-year-old decision that bars collection of royalties for use of a patented technology after expiration of the patent....

 

HTMLPosition Limits and Reporting on Commodity Derivatives to Take Effect Next Month
Philippe Goutay, Anselme Mialon; Jones Day;
Legal Alert/Article
June 26, 2015, previously published on June 2015
Beyond providing for a French regime of banking separation, French Law no. 2013-672 of July 26, 2013 had sought to anticipate MiFID 2 on a number of issues. Among such issues, starting from July 1, 2015, the Autorité des Marchés Financiers ("AMF") will be empowered to impose...

 

HTMLFederal Circuit Upends Presumption for Means-Plus-Function Claiming
Gregory A. Castanias, David B. Cochran, David M. Maiorana, Sasha Mayergoyz; Jones Day;
Legal Alert/Article
June 26, 2015, previously published on June 2015
Since at least 1998, the Federal Circuit has held that when a patent uses the word "means" in a claim element, that creates a "rebuttable presumption" that the limitation is a means-plus-function limitation to which Paragraph 6 of 35 U.S.C. § 112 applies. The converse also...

 

HTMLFederal Circuit Overturns Patent Trial and Appeal Board Decision on Claim Construction; Ratifies Certain Requirements for Patent Owner Amendments
Gregory A. Castanias, David B. Cochran, Matthew W. Johnson; Jones Day;
Legal Alert/Article
June 26, 2015, previously published on June 2015
In a decision with important consequences for patent challenges before the U.S. Patent and Trademark Office's Patent Trial and Appeal Board ("PTAB" or "Board"), the Federal Circuit, on June 17, 2015, substantially overturned the PTAB's final written decision in Microsoft Corp....

 


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