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Determinants of Patent Value in U.S. Litigation
Part One of this series discussed reasonable royalty damages and the questions that a prospective litigant can ask to evaluate its litigation exposure. This month's installment continues the discussion of those questions.
3) To what extent would the accused infringer expect to make additional profits if it were granted a license to the patented technology? In addition to non-infringing alternatives and historical license agreements, the courts often allow evidence on both: a) the amount of profit that the alleged infringer stands to earn as a result of employing the patented technology, and b) the portion of that realizable profit that should be credited to the patented invention as distinguished from non-patented elements (e.g., the manufacturing process, business risks, or significant features or improvements added by the alleged infringer). If the profitability of the accused products is unknown to the prospective litigant, an estimate of firm and/or industry profitability may be obtained from EDGAR online (www.edgaronline.com), the Cost of Capital Yearbook published by Morningstar (www.morningstar.com), or Annual Statement Studies published by The Risk Management Association (www.rmahq.org). The portion of realizable profits that should be credited to the patented invention often requires an evaluation of qualitative business issues.
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.