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Supreme Court to Reconsider Patent Exhaustion
May a patent owner sue its own licensee's customers when those customers purchase essential components that have no reasonable non-infringing use from the licensee, and then combine those components with others to form a patented product? The answer may be decided by the Supreme Court in Quanta Computer, Inc. v. LG Electronics, Inc., U.S., No. 06-937, cert. granted Sept. 25, 2007.
Under the doctrine of Patent Exhaustion, an unconditional sale of a patented product by the patent owner exhausts the owner's patent rights to the product, and the purchaser may then use or resell the product free and clear of those rights. However, the applicability of the doctrine is unclear when a patent owner attempts to retain certain rights, e.g., by requiring its licensee to condition its sales. After requesting and obtaining an amicus curiae brief from the Solicitor General, the Supreme Court granted Quanta Computer, Inc.'s ('Quanta') petition for certiorari and will address the issue this term.
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.
How AI Has Affected PR
When we consider how the use of AI affects legal PR and communications, we have to look at it as an industrywide global phenomenon. A recent online conference provided an overview of the latest AI trends in public relations, and specifically, the impact of AI on communications. Here are some of the key points and takeaways from several of the speakers, who provided current best practices, tips, concerns and case studies.
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.