The APLI offers an in-depth look at the latest developments in patent law and practice. Co-organized by BCLT and Stanford Law School, it presents an expert faculty of judges, academics, litigators, patent prosecutors, and senior IP counsel from major corporations.
Recently, Stat+ reported that a group of prominent venture capitalists (VCs) issued a strong warning to Congress. The warning: H.R. 3, the newly introduced Lower Drug Costs Now Act, if enacted, will "severely constrain" the VC's ability to invest in future biomedical innovation, "thus crushing the hopes of millions of patients waiting for the next breakthroughs."
On November 11, 2019, Institutional Shareholder Services (ISS) released its 2020 Proxy Voting Guidelines, which are generally effective for meetings on or after February 1, 2020.
In the recently published issue of New York Verdicts Hall of Fame (2000-2018 Cases) from the New York Law Journal, Wilson Sonsini Goodrich & Rosati partner Ed Poplawski is featured as lead attorney for the plaintiffs in the No. 1-ranked intellectual property case, Cornell University v. Hewlett-Packard Co., over the 20-year period. Partner Olivia Kim was a member of the trial team.
On October 31, 2019, a Federal Circuit panel issued Arthrex, Inc. v. Smith & Nephew, Inc., holding that administrative patent judges (APJs) of the Patent Trial and Appeal Board (PTAB) were unconstitutionally-appointed principal officers. To remedy the deficiency, the court severed statutory removal protections as applied to APJs to make them at-will employees and therefore properly-appointed inferior officers. The court remanded the case for a "new hearing" before a "new panel of APJs."1 The court also noted that it views "the impact of this case as limited to those cases where final written decisions were issued and where litigants present an Appointments Clause challenge on appeal."
On November 11, 2019, SunPower announced plans to separate into two independent, complementary, strategically-aligned and publicly-traded companies—SunPower and Maxeon Solar Technologies. Each company will focus on distinct offerings built on extensive experience across the solar value chain. Wilson Sonsini Goodrich & Rosati is advising SunPower in the transaction.
At an open meeting on November 5, 2019, the U.S. Securities and Exchange Commission (SEC) voted to propose amendments to 1) the exemptions from “solicitation” relied upon by proxy advisory firms and 2) certain of the procedural and substantive requirements relating to shareholder proposals.