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The Access to Repair Parts Act
Manufacturers of certain goods with aesthetic qualities may currently seek design patent protection for those goods under ' 171 of Title 35, U.S. Code. To be patentable, a design must be new, non-obvious, and ornamental. Automobile manufacturers, for example, may seek design patent registration to protect the design of certain automobile parts or components. However, a newly reintroduced bill, the “Access to Repair Parts Act,” threatens this protection and could bar certain claims for design patent infringement if it is signed into law.
Reintroduced in Congress on June 25, 2009, the Access to Repair Parts Act would amend 35 U.S.C. ' 271 by effectively narrowing the definition of design patent infringement so that it would not be an act of infringement to make, use, or sell a part that “constitutes a component part of another article of manufacture,” if the purpose of the part is to repair the article and restore it to its original condition. This proposal would most affect manufacturers who produce goods that have component parts that are often replaced and for which there is a thriving market, such as automobile manufacturers. If the Act is signed into law, it appears that anyone who manufactures or sells replacement parts that are substantially similar or even identical to designs protected by a registered design patent could do so with little risk of infringing the patent.
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.