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Federal Circuit Decision Provides Guidance for Joint Licensing of Pooled Patents
Recently, in Princo Corporation v. International Trade Commission, No. 2007-1386, 2009 WL 1035222 (Apr. 20, 2009), the U.S. Court of Appeals for the Federal Circuit issued an opinion in a long-running patent misuse litigation of potential significance for any patent owner participating in a patent pool or considering participation in a patent pool. The decision provides guidance on the criteria for determining “essential patents” that will be reassuring to many patent pool participants. At the same time, the opinion is a cautionary reminder of the risks inherent in limiting the licensing of pooled patents outside the package license provided by the pool.
The Federal Circuit's decision arises from a challenge to the licensing of patents for write-once and re-writable compact discs (“CD-Rs” and “CD-RWs”). The technology relevant to the production of CD-Rs and CD-RWs had been developed by a number of companies, including Sony and Philips. In the late 1980s and early 1990s, Sony and Philips jointly developed a technical standard for CD discs and players called the Orange Book, which ensured compatibility and inter-operability for discs, players, and ROM drives manufactured in accordance with the standard.
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.