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Inequitable Conduct Decision Catches Many Off Guard
The recent Federal Circuit decision McKesson Info. Solutions, Inc. v. Bridge Med., Inc., No. 2006-1517 (Fed. Cir. May 18, 2007) has many patent prosecutors scrambling to file information disclosures after the court found inequitable conduct based on the all-too-common oversight of not cross-citing prior art from similar, co-pending applications and the even more common oversight of not cross-citing allowances and rejections from such applications.
Inequitable conduct occurs when a patent applicant, with the intent to mislead or deceive the examiner, fails to disclose material information or submits materially false information to the Patent and Trademark Office during the prosecution of the patent application. A finding of inequitable conduct will render a patent unenforceable.
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.