Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
Another Turn in the Path to Patentability
In the April issue of The Intellectual Property Strategist, we detailed a growing rift in the Federal Circuit regarding the issue of patentable subject matter, and pondered whether the Supreme Court would resolve this issue when it came out with its decision in Mayo Collaborative Services v. Prometheus Laboratories, Inc., No. 10-1150. We did not have to wait long, as the decision was issued on March 20. The Supreme Court held that a method claim that does nothing more than restate a law of nature and add conventional steps cannot be patentable. At first glance, this may not sound remarkable, but upon closer inspection this holding has the potential to dramatically change patent law for decades to come.
In Bilski, the rejection of the claims at issue was unanimous, but the Court was deeply divided in its reasoning and came within a single vote of categorically eliminating business methods from the scope of patentable subject matter. Bilski v. Kappos, 561 U.S. __, 130 S. Ct. 3218 (2010). In Mayo, the Court spoke with one voice, with no Justice submitting a separate concurring opinion. As we head toward the middle of 2012, we have not only the Mayo and Bilski opinions on patentability, but also recently enacted patent reform hailed as the most significant in 50 years (the America Invents Act or AIA, signed into law in September 2011) as well as numerous guidelines and proposed rules set forth by the U.S. Patent and Trademark Office (“PTO”). Yet even with all three branches of government having spoken directly on the issue, we astonishingly still do not have clear guidance for how to determine whether a method claim is patent-eligible. How is that possible? We examine these developments in turn to find out.
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.