Our Latest Industry Insights

$10 Billion Increase in Available Disaster Relief Loans

In addition to the $349 billion Paycheck Protection Program (the “PPP”), the Coronavirus Aid, Relief, and Economic Security Act (the “CARES Act”) made $10 billion available to fund disaster relief loans and emergency grants under the Small Business Administration’s existing 7(b)(2) loan program (an “SBA 7(b)(2) loan”) and amended certain rules that apply to 7(b)(2) loans.

New California Micro-Lending Program

On April 2, 2020, California Governor Gavin Newsom announced that the state will be allocating $50 million to the California Infrastructure and Economic Development Bank to create micro-lending opportunities for small businesses to help individuals who do not qualify for federal funds under any of the new federal loan programs, including low wealth and undocumented immigrant communities.

GOP Tax Bill Approved By Congress. What Does This Mean For Taxpayers?

On December 20, 2017, the final version of the GOP tax reform bill (the “Act”) was approved by both houses of Congress and sent to the President for signature. The provisions of the new legislation will generally become effective for tax years beginning after December 31, 2017. Many of the provisions of the Act applicable to individuals will sunset after 2025 unless extended by Congress.

Supreme Court Kills Laches Defense for Patent Infringement

On March 21, 2017 the Supreme Court issued an opinion that abrogated the equitable defense of laches, for unreasonable and prejudicial delay in filing suit, in patent cases. SCA Hygiene Prod. Aktiebolag v. First Quality Baby Prod., LLC, No. 15-927, 2017 WL 1050978 (U.S. Mar. 21, 2017). In that case, Appellant SCA Hygiene argued that the Supreme Court’s 2014 Petrella decision, which conclusively eliminated laches as a defense in copyright cases, also mandated the elimination of laches as a defense to patent infringement. The Supreme Court agreed, reversing the Federal Circuit’s holding of unenforceability due to laches, and remanding for trial on infringement and Appellee First Quality’s equitable estoppel defense.

Supreme Court Cuts Through the Noise to Clarify Copyrightability of Designs in Useful Articles

On October 20, 2016, we published an article discussing the Supreme Court’s decision to grant review of the Sixth Circuit’s August 2011 ruling in Varsity Brands, Inc. v. Star Athletica, LLC. The Supreme Court heard oral arguments on October 31, 2016, and, on March 22, 2017, issued its highly anticipated decision. As discussed below, the Supreme Court has clarified the test to determine whether a design feature on a useful article is subject to protection under the Copyright Act of 1976.

Life Technologies v. Promega: Supreme Court Limits Infringement Liability under Section 271(f)(1)

On February 22, 2017, the Supreme Court in Life Technologies v. Promega ruled that “a single component does not constitute a substantial portion of the components that can give rise to liability under §271(f)(1).”[1] This ruling limits the reach of §271(f)(1) and will benefit U.S. manufacturers across the board.

Strategies Against Nuisance Patent Suits Part II – Cases on California Civil Procedure Code 1030

This is the next part of our series of posts on utilizing California Code of Civil Procedure, Section 1030, in patent cases, particularly as a strategy against nuisance suits. Section 1030 provides that a defendant may move the court to require an out-of-state plaintiff to file an undertaking to secure an award of costs and attorneys' fees upon showing a reasonable possibility of success on the merits. Part one of our series, discussing the requirements of Section 1030, can be found here.