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Post-<i>Phillips</i>: Will The Trial Courts Receive More Deference in Patent Cases?
The most important question in every patent case is “what do the claims mean?” The district court answers this question in its claim construction ruling. Presently, every aspect of a district court's claim construction is reviewed de novo by the United States Court of Appeals for the Federal Circuit.
The de novo standard of review does not require the Federal Circuit to give any deference to the district court's reasoning or conclusions. Notwithstanding statements by several Federal Circuit judges that the district court's analysis is taken into account, the lack of a higher standard of review seems to encourage the losing party to file an appeal. After all, why not take a mulligan on the issue and try again with a panel of three new judges?
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New York's Latest Cybersecurity Commitment
On Aug. 9, 2023, Gov. Kathy Hochul introduced New York's inaugural comprehensive cybersecurity strategy. In sum, the plan aims to update government networks, bolster county-level digital defenses, and regulate critical infrastructure.
Law Firms are Reducing Redundant Real Estate by Bringing Support Services Back to the Office
A trend analysis of the benefits and challenges of bringing back administrative, word processing and billing services to law offices.
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.
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.