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Inventor Notebooks in Patent Proceedings
Since 2000, the number of pa-tent applications filed each year in the United States has been in the range of 300,000 ' 375,000, increas-ing by approximately 10,000 per year. See USPTO U.S. Patent Statistics Calendar Years 1963-2004. At the same time, the number of interference proceedings and infringement suits has also increased. Establishing a priority date for the invention is at the heart of all interference proceedings and is frequently an issue during prosecution and in infringement suits. When sufficient proof is supplied, a priority date based on a date of 'invention' that is earlier than the presumptive priority date, based upon the date of the filing of the application, may be established. Thus corroborative evidence supporting a date of invention, or the lack thereof, is a significant factor in the outcome of many cases and may expedite prosecution for even those patents and applications that steer clear of these disputes.
Required Evidence
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.