Patent System after Oil States and SAS – What’s the future?

On April 24th, the Supreme Court decided two important cases related to the United States Patent & Trademark Office’s inter partes review (IPR) proceedings for reconsidering the prior grant of a patent – Oil States Energy Services, LLC v. Greene’s Energy Group, LLC, No. 16-712 (Oil States) and SAS Institute Inc. v. Iancu, 16-969 (SAS).

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Tips for Planning a Carve-Out Divestiture

carve-out

As a company grows and expands (whether by acquisition or organically), it can encounter issues which may prompt a divestiture.  For example, a once high-performing business unit declines or becomes stagnant and drags down the performance of the overall company, or business units within the company create negative synergies, such as where a major customer of one business unit is a major competitor of other business units, or a company undergoes a major change in its business strategy.  In each instance, a potential solution is to sell one or more impacted businesses in order to unlock value from the sale of the businesses and/or realign the company in connection with a strategic shift.

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Future of the Automotive Sector in Europe, China and the United States

connected cars

Guest Author: Ruth Knox, Managing Associate, Linklaters LLP

Given the pace of change in the automotive industry and related technologies, combined with increasing regulatory scrutiny, there are several risks and challenges the global automotive industry can expect to deal with in 2018 and beyond across Europe, China, and the United States.

On April 10, 2018, Foley & Lardner LLP and Linklaters LLP, a global law firm based in the U.K., held a roundtable on the “Future of the Automotive Sector in Europe, China and the United States.” The group covered four major points during the roundtable. They are summarized below.

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Senate Votes to Roll Back Auto Industry Lending Guidance from Consumer Financial Protection Bureau

On April 18, the Senate narrowly passed a resolution to roll back certain guidance issued by the Consumer Financial Protection Bureau in 2013 pertaining to auto lending.  As previously written about on a Foley & Lardner LLP blog, the CFPB issued the specific guidance through a bulletin regarding compliance with fair lending requirements for auto lenders involved in indirect lending.

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China to Relax Joint Venture Requirements for Manufacturing

vehicle manufacturing

On Tuesday, Chinese President Xi Jinping announced a planned rollback of the manufacturing foreign ownership limits first set forth in the 1990s, which require that manufacturing operations in China be at least 50% Chinese owned.  Specifically, China will begin by eliminating this ownership requirement for electric vehicle production and gradually roll back the requirements for all other automobiles as well as airplane manufacturing and shipbuilding until all limits are lifted in 2022.  This move, coupled with China’s aggressive 10% electric vehicle mandate starting in 2019, emphasizes the concerted efforts being taken by the Chinese government to dominate the future global electric vehicle manufacturing industry.

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