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Foreign-Made Copies of Software Do Not Infringe Patent for Software-Implemented Invention: The Supreme Court's Decision in Microsoft Corp. v. AT&T Corp.
Can a company skirt infringement of a U.S. patent for a software-enabled computer by sending a master software disk from the United States to a non-U.S. country where computers are loaded with installation disks generated from the master disk, but are not loaded with the master disk itself? In Microsoft Corp. v. AT&T Corp., 550 U.S. ____, 127 S.Ct. 1746 (2007), a highly anticipated decision with potentially significant ramifications for the enforcement of software-based patents, the Supreme Court answered 'yes.'
With Justice Ruth Bader Ginsburg writing for a 7-1 majority, the Court reversed the Federal Circuit's ruling in favor of patentee AT&T. The statute at issue, 35 USC '271(f), extends, in limited circumstances, the reach of U.S. patent law to activities in non-US countries. Under this statute, a patent is infringed when one 'supplies … from the United States' a patented invention's 'components' for 'combination' abroad. The AT&T patent at issue, U.S. Reissue Patent No. 32,580, is for an invention with two components: a computer and its speech-processing software. According to the Court, Microsoft's Windows operating system 'has the potential to infringe AT&T's patent, because Windows incorporates software code that, when installed, enables a computer to process speech in the manner claimed by that patent.'
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.