Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
Federal Circuit Clarifies Standard for Direct Patent Infringement Involving Multiple Parties
February 28, 2008
On Sept. 20, 2007, the Court of Appeals for the Federal Circuit in BMC Resources, Inc. v. Paymentech, L.P., Civ. No. 2006-1503 (Fed. Cir. Sept. 20, 2007) clarified the standard for direct infringement where multiple parties are involved in performing steps of a method claim, which was previously confused by a statement made in the opinion for On Demand Machine Corp. v. Ingram Industries, Inc., 442 F.3d 1331 (Fed. Cir. 2006). The Federal Circuit confirmed that direct infringement requires a single party to perform all steps of an asserted method claim, and that direct infringement under a theory of joint or divided infringement requires a single party that does not perform all of the steps to direct or control the other party or parties in performing the missing steps of the asserted method claim. Accordingly, because Paymentech neither performed all of the steps of the asserted method claims, nor directed or controlled the other parties to perform the missing steps, the Federal Circuit affirmed the district court's determination that Paymentech did not directly infringe on BMC Resources' patents.
The '456 Patent Claims
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.
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.
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.