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Dictionary Dethroned: Phillips v. AWH Corporation
To rely on the dictionary or not to rely on the dictionary, and to what extent, that is the question. A question which after frenzied anticipation by the patent bar, the en banc U.S. Court of Appeals for the Federal Circuit, in its July 12, 2005 landmark decision of Phillips v. AWH Corp., No. 03-1269, -1286, 2005 U.S. App. LEXIS 13954 (Fed. Cir. July 12, 2005), has answered: While dictionaries may be useful to assist in the understanding of a commonly understood meaning of a claim term, the proper starting point is the patent specification and corresponding prosecution history.
The Phillips case hinged on the meaning of the claim term “baffle” in U.S. Patent No. 4,677,798, relating to vandalism-resistant modular wall panels invented by Edward Phillips. The Federal Circuit disagreed with the district court's claim construction and reversed the summary judgment of noninfringement. In so doing, the Federal Circuit overturned an earlier determination by a three-judge panel of the same court, in which the judges agreed with the district court that Phillips' patent was limited to baffles positioned at certain angles and, thus, that his patent was not infringed.
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.