In its recent decision in Sunoco Partners v. U.S. Venture, the Federal Circuit affirmed that non-monetary consideration can prove the existence of a “commercial offer for sale” for purposes of the on-sale bar and explained the circumstances under which equipment testing is sufficient to satisfy the experimental use exception. This […]
Publications
CPRA Rulemaking Process Officially Begins
As discussed in last month’s edition of the Technology & Intellectual Property Update, the California Privacy Protection Agency the (“Agency”) released CPRA draft regulations in late May that would promulgate the amendments made to the California Consumer Privacy Act (“CCPA”) by the California Privacy Rights Act (“CPRA”). On July 8th, the Agency […]
Updated EEOC Guidance: Mandatory COVID-19 Screening Tests Must be “Job-Related and Consistent with Business Necessity”
On July 12, 2022, the EEOC updated its “What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws” Technical Guidance. On the whole, the EEOC makes relatively minor adjustments. More notable, however, is its shift in position on when COVID-19 viral testing in the […]
Uyghur Forced Labor Prevention Act Will Affect Imported Solar Modules
The Act affects compliance obligations for any importer whose supply chain touches the Xinjiang Uyghur Autonomous Region in China. The Uyghur Forced Labor Prevention Act (the “Act”) was adopted on December 23, 2021 and its import restrictions took effect on June 21, 2022. The Act’s purpose is to ban imports […]
U.S. Supreme Court Limits EPA’s Authority to Regulate Greenhouse Gas Emissions
In West Virginia v. Environmental Protection Agency, the court invalidated an Obama administration rule that had addressed greenhouse gas emissions from coal- and gas-fired power plants. This decision weakens the EPA’s rulemaking authority. In 2015, the EPA promulgated the Clean Power Plan, 80 Fed. Reg. 64,662 (the “CPP”), which limited […]

