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The Surprising Efficacy of Inter Partes Patent Re-examination
In creating inter partes re-examination, Congress hoped to provide a faster, cheaper alternative for resolving questions of patent validity in the U.S. Patent and Trademark Office (“USPTO”), rather than in the courts. As a measure of the procedure's growing popularity and availability, the rate of requests for inter partes re-examination has steadily increased each year, totaling more than 308 since the procedure was created in November 1999 (USPTO Inter Partes Re-examination Filing Data (Sept. 30, 2007). But, while the pace of re-exam requests continues to increase, the end results of completed proceedings have received relatively little attention.
Here, we report the outcomes of all inter partes re-examinations completed as of August 2008. Although this is a small sample size and it is still too early to form any strong conclusions, there are some important results apparent in this sample. Surprisingly, the proceedings displayed a high 73% “kill” rate (complete elimination of all claims targeted by the requesters) ' a rate which is far above that in litigation (33%) and ex parte re-examination (12%) (See Kimberly A. Moore, Judges, Juries, and Patent Cases ' An Empirical Peek Inside the Black Box, 99 Mich. L. Rev. 365 (2000) and Dennis Crouch, Ex Parte Reexamination Statistics II, Patently-O, available at www.patentlyo.com/patent/2008/06/ex-parte-reexam.html (posted Jun. 25, 2008)).
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.
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.
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.