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Courts Continue to Differ over Timing of Claims Construction: Markman v. Westview Still a Definining Element
Navigating through patent litigation remains a challenge for seasoned litigators and savvy clients. The ruling in Markman v. Westview, 517 U.S. 370 (1996), remains, over a decade after its decision, a defining element of the patent litigation landscape. According to the Manual for Complex Litigation (MCL), '33.223, “[t]iming is one of the more problematic issues' for courts dealing with Markman. Indeed, in the two courts (the Northern District of California and the Southern District of Texas) that have substantially revised (N.D.Ca.) or adopted (S.D.Tex.) local patent rules effective in 2008, one has opted for an early approach to Markman (N.D.Ca.) and the other (S.D.Tex.) has left it largely to the discretion of individual judges. This recent contrast highlights the continuing differences of opinion as to the best approach to Markman hearings and their timing.
Consequently, having a plan and knowing when and how Markman will arise in any particular case will go a long way in determining the time, expense, and strategic choices that patent litigation will involve. That is because '[t]he construction of patent claims is pivotal to infringement actions ” MCL, '33.22. But, '[t]here is no consistent approach among the courts as to the procedural boundaries of claim-construction proceedings' since 'Markman did not establish when or how a patent was to be construed, only that it must be done prior to submission of the case to the jury.' MCL, '33.22. An examination of the alternatives and how courts approach them is informative for counsel and client alike.
New York's Latest Cybersecurity Commitment
On Aug. 9, 2023, Gov. Kathy Hochul introduced New York's inaugural comprehensive cybersecurity strategy. In sum, the plan aims to update government networks, bolster county-level digital defenses, and regulate critical infrastructure.
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.
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.
CLE Shouldn't Be the Only Mandatory Training for Attorneys
Each stage of an attorney's career offers opportunities for a curriculum that addresses both the individual's and the firm's need to drive success.