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Patent Enforcement Delay Now May Be Fatal Error
The Lemelson patent era may finally be over. In a decision issued on Jan. 23, a Nevada federal court ruled that a number of patents invented by Jerome H. Lemelson were invalid and unenforceable.
Jerome Lemelson, who died in 1997, was a prolific inventor, second only to Thomas Edison (and Lemelson still has patents pending at the Patent Office). A number of the Lemelson patents, though, are what are called “submarine” patents, patents that a patentee keeps in the application phase for years by filing continuation applications, amending claims over time to more closely describe evolving technology, and allowing the patent to finally issue after the technology has matured and the patent rights will be more lucrative. Since patent applications used to be kept secret indefinitely, there was also no way of knowing whether a patent application had been filed until the patent was actually issued, so there was also no way to avoid infringement.
The DOJ's Corporate Enforcement Policy: One Year Later
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
The DOJ's New Parameters for Evaluating Corporate Compliance Programs
The parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.
Use of Deferred Prosecution Agreements In White Collar Investigations
This article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.
Bankruptcy Sales: Finding a Diamond In the Rough
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
A Lawyer's System for Active Reading
Active reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.