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If You Want a Broad Patent Construction, Be Careful What You Ask For
In a recent case, a patent owner claimed to have invented side impact airbag sensing. The patent enabled an embodiment; that was stipulated. In opposition to a motion for summary judgment of invalidity for lack of enablement, the owner asserted that enablement of a preferred embodiment satisfied the enablement requirement of the patent law. It didn't. In Automotive Technologies Int'l., Inc. v. BMW of N.Am., 378 F. Supp. 2d 780 (E.D.Mich. 2005), aff'd, 501 F.3d 1274 (Fed.Cir. 2007), the District Court and the Federal Circuit held the patent invalid for failure to satisfy enablement. Did you know that enabling a preferred embodiment does not satisfy the enablement requirement? It doesn't. The ATI case is only one of several consistent cases. You should beware, and consider the matter in both patent prosecution and litigation. If you own a patent, and wish for a broad construction, be careful what you wish for.
The Patent Law's Enablement Requirement
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.