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Are Patent Cases Too Complex?
It is unquestioned that technology is becoming more complex, building on what has come before. In 1965, Gordon Moore prophesized that the number of transistors on a chip would double about every 2 years. To put this in context, in 40 years, the number of transistors on a chip has risen from mere thousands to nearly 1 billion. See www.intel.com/technology/silicon/mooreslaw/. A corollary to Moore's law is that the price will necessarily decrease each generation, putting more computing power into consumers' hands at ever-lower costs. The technologies that allow more information to be packed into an ever-smaller space at lower costs are increasingly complex.
Similarly, patent law is generally acknowledged as one of the more complex bodies of law. In light of the complexity of modern day inventions, it is not surprising that defining the scope of protection afforded to these inventions is complicated. As put by one patent practitioner: 'Patents are complex legal documents, and the rules for interpreting these documents are constantly evolving.' See David J.F. Gross et. al, You Must Be Mistaken: Federal Circuit 'Corrections' of District Court Claim Constructions (2002-03), in Patent Litigation 2003, at 47 (PLI, Handbook Series No. G-766, 2003); see also John R. Allison & Mark A. Lemley, The Growing Complexity of the United States Patent System, 82 B.U. L. Rev. 77 (2002) (comparing patents from the 1970s with patents from 1990s and finding increasing complexity). The Manual of Complex Litigation acknowledges this trend with special sections dedicated to the handling of patent cases.
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.