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IP News
Supreme Court Limits Patentee Control of Downstream Uses
On June 9, 2008, the Supreme Court issued its ruling in Quanta Computer, Inc. v. LG Electronics, No. 06-937 (June 9, 2008). The unanimous opinion, delivered by Justice Clarence Thomas, set limits on a patent holder's right to claim royalties for downstream use of a licensed product. Significantly, the Court held that the doctrine of patent exhaustion may apply to method claims. Further, the Court found that since the components (microprocessors and chipsets) manufactured and sold by patent licensee Intel 'substantially embody the patents in suit,' the sale of those components exhausted respondent LG's patent rights along with any entitlement to royalties from petitioner Quanta.
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.