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Use of Dictionaries to Construe Patent Claims: Potential for Clarification from the Federal Circuit
The U.S. patent system grants patentees the right to exclude others from practicing a patented invention, which is defined by a patent's claims. As such, the patent statute requires that patent claims be clear and definite. The policy underlying this requirement is to ensure that competitors are provided with fair notice as to the scope of the claimed invention.
In 1982, Congress created and transferred exclusive appellate jurisdiction over patent cases to the Federal Circuit with the hope that a single appellate court reviewing patent litigation would lead to a unified body of patent law. However, patent litigation remains unpredictable, due in part to the uncertainties involved in the process of interpreting patent claims. In the past 10 years, the Federal Circuit has attempted to establish clarity and uniformity in claim construction. According to practitioners and judges, the Federal Circuit's attempts have been met with limited success and potentially additional confusion. As such, claim construction under the current patent system remains unpredictable, as the Federal Circuit often reverses or modifies district courts' claim construction rulings.
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.