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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?
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.
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.
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.