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Patent Pools: A Review of the Department of Justice Guidelines
A patent pool is composed of two or more patent holders who combine their rights to different patents for the purpose of collectively licensing the patents. Patent pools are typically formed when actual or potential competitors in a technology area group patents to complementary aspects of the technology area. Agreements among actual or potential competitors immediately raise the specter of anticompetitive behavior (such as output restrictions, price fixing, and market division) and the antitrust issues corresponding to such behavior.
Patent pools also provide pro-competitive benefits as they allow parties to obtain a single license to all of the technology amassed in the pool. This simplification in obtaining patent rights makes it possible for innovators to focus resources on new innovation in the technology area and provides a vehicle for integrating complementary technologies and reducing barriers to entry in the market by lowering licensing transaction costs, eliminating potential blocking patents, and avoiding costly patent infringement litigation. Thus, benefits are realized by both producers and consumers.
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.
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.
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.
How AI Has Affected PR
When we consider how the use of AI affects legal PR and communications, we have to look at it as an industrywide global phenomenon. A recent online conference provided an overview of the latest AI trends in public relations, and specifically, the impact of AI on communications. Here are some of the key points and takeaways from several of the speakers, who provided current best practices, tips, concerns and case studies.