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Phillips v. AWH: Practical Pointers on the Use of Intrinsic and Extrinsic Evidence
The Federal Circuit's en banc decision in Phillips v. AWH Corp., 415 F.3d 1303 (Fed. Cir. 2005), provides a reminder, for patent prosecution attorneys and patent litigators alike, of the types of evidence that can be used to support a patent claim construction. In short, intrinsic evidence ' namely, the claim language, specification and prosecution history ' remains the primary source materials for interpreting patent claims. On the other hand, extrinsic evidence ' namely, dictionaries, treatises and expert testimony ' may not have the same persuasive status previously accorded by the Federal Circuit's decision in Texas Digital Sys., Inc. v. Telegenix, Inc., 308 F.3d 1193 (Fed. Cir. 2002). Nonetheless, extrinsic evidence retains its role in helping to explain the meaning of claim terms as understood by a person of ordinary skill in the art. Extrinsic evidence also can be useful to explain the “context” of the invention that informs any claim construction.
Thus, patent drafters should draft applications that include the intrinsic evidence needed to fully describe the invention. Similarly, patent litigators should carefully review the intrinsic evidence to determine its scope, as well as carefully select any extrinsic evidence to ensure that a court will consider it in determining the proper meaning of a claim term.
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.