The Week at Ropes & Gray: IP Developments at the Supreme Court; Another Patent Victory at the Federal Circuit; Canada Goose Goes Public; Carlyle Acquires Arctic Glacier; HHS Solicits Input on Safe Harbors; a Pro Bono Win for Voting Rights; 2017 Finance Team of the Year
- Many have called TC Heartland v. Kraft the most important patent case of the year so far. In this new podcast, Ropes & Gray attorneys offer their perspectives on the case, which concerns venue reform in patent infringement litigation. Oral arguments at the U.S. Supreme Court are set for Monday, March 27.
- In another case that made waves across the patent litigation landscape, SCA Hygiene Products v. First Quality Baby Products, LLC, the Supreme Court overturned longstanding Federal Circuit law regarding the defense of laches, holding that it is not applicable to damages for patent infringement. Our IP attorneys examine this important decision, which gives patent owners more time to file infringement suits, could increase the risks to potential accused infringers of delayed litigation, and reduces the degree of comfort that a company can take based on a patent owner’s perceived indifference to potentially infringing activity.
- With winter behind us, the IPO market is heating up. Ropes & Gray represented leading outerwear maker Canada Goose Holdings Inc. in its initial public offering. Canada Goose is dually listed on the TSX in Canada and the NYSE in the United States, and closed its first day of trading up more than 25 percent on the NYSE.
- On the deal front this week, Ropes & Gray advised H.I.G. Capital and its portfolio company, packaged ice producer Arctic Glacier Group Holdings, as they completed the sale of Arctic Glacier to Carlyle Global Partners. The firm had represented H.I.G. in its original acquisition of the company in 2012 and represented Arctic Glacier in numerous add-on acquisitions and other matters over the past five years.
- In response to the annual solicitation by the Department of Health and Human Services for input on safe harbors to the anti-kickback statute, drug and device makers and related trade groups have responded with proposals to provide additional clarity around value-based health care. This alert reviews the suggestions to modify existing safe harbors, as well as those for developing new ones, in light of the ongoing transition to value-based arrangements. For more insights on trends in value-based health care, please visit our dedicated website.
- It was a busy but gratifying week for a Ropes & Gray pro bono team that helped guide longstanding client Project Vote to a favorable settlement with the Maricopa County, Ariz. recorder. The settlement gives Project Vote new, broad access to a wide range of critical records— in particular, voter registration records—and commits the recorder’s office to improving recordkeeping. The settlement was the latest successful outcome for our litigators in a series of voting rights cases taking place across the United States, including in Georgia, Virginia and Massachusetts.
- Finally, Legal Business named Ropes & Gray the 2017 Finance Team of the Year at the publication’s annual awards ceremony in London. The accolade recognizes the pioneering advice we provided to the Virgin Media group on two ground-breaking financings: the first-ever issuance of receivables financing notes and the UK’s first-ever handset securitization.