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Think Carefully When Filing Continuation Applications
While rule-making efforts by the U.S. Patent and Trademark Office (“USPTO”) to reduce patent continuation filings have an unclear future due to the decision on March 20, 2009, in Tafas v. Doll, No. 2008-1077, by the U.S. Court of Appeals for the Federal Circuit (“Federal Circuit”), other decisions by the Federal Circuit are clearly creating additional problems for continuation filings. The Federal Circuit is now imposing new hurdles for patent continuations that arise from remarks made during prosecution and from the written description and enablement requirements of 35 U.S.C. ' 112(1). Consequently, much greater care should now be taken when filing continuation applications.
Claim Scope Disclaimer Rescissions Now Often Necessary in Continuations
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.
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.
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.