California Court Confirms No Absolute Public Policy Against Non-Competes Entered into by Partners
By: Charles L. Post
California’s prohibition on non-competition agreements is less than absolute. For example, non-compete agreements may be enforced against partners or sellers of businesses. Additionally, in SingerLewak LLP v. Andrew Gantman (2015) 241 Cal.App.4th 610, a California Appellate Court affirmed an arbitration award that would be considered by most to be a misapplication of California’s non-competition law.
The underlying dispute arises from provision within a partnership agreement that imposed a cost on a departing partner (Gantman) who serviced clients of the firm after his departure.
Why Business Methods Are Difficult to Patent
By: Audrey Millemann
Although the general rule (based on 35 USC section 101) is that anything made by humans is patentable, there are exceptions. Laws of nature, physical phenomena, and abstract ideas are not patentable. Inventions that fall in these categories are “patent-ineligible,” that is, directed to subject matter that is not eligible to be patented. After the Supreme Court’s key decisions over the last few years in Bilski v. Kappos,
Big Beer Mergers, A Sign of Things to Come
By: Mark E. Ellinghouse
By now you’ve undoubtedly heard about Anheuser-Busch InBev’s recent purchase of SABMiller, creating the largest brewery conglomerate in the world. The purchase is but one more in the increasing history of brewery mergers, perhaps a sign that the long-rumored consolidation of the brewing industry is in full swing. Unfortunately, most companies can do little to stop market consolidation because the buying power of these “super breweries” yields incredible influence in the brewing industry.