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Risks and Rewards of Using Re-examination As a Strategy in Patent Litigation
Patent litigation is becoming almost prohibitively expensive to all but the most well-heeled litigants, particularly due to the significant costs associated with electronic discovery. Even if the invalidity question is dispositive, it will probably take months or even years of costly discovery, not only on the validity issue but also on issues of infringement, damages, and equitable defenses, to posture a case for a summary judgment motion to decide the validity of the patent. In the meantime, the accused infringer is operating under a cloud with damages accruing, and the patentee is being denied the exclusive use of his invention.
Against this backdrop, it is not surprising that re-examination is playing an ever-increasing role as a strategy in patent litigation. But while there are aspects of re-examination that can greatly benefit both the patent owner and the accused infringer, there are also significant risks that must be considered before pulling the trigger on re-examination.
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.