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IP News
Apple's Preliminary Injunction Motion Denied for Lack of Jurisdiction
Judge Lucy H. Koh of the Northern District of California held in Apple Inc. v. Samsung Electronics Co. et al., No. 11-1846, that Apple's bid for injunctive relief to stop sales of Samsung's Galaxy 10.1 tablet is premature because the Federal Circuit has jurisdiction over the matter. The Federal Circuit issued an opinion in the case on May 14, 2012, but has yet to issue a mandate. The Federal Circuit held that Judge Koh had erred in denying Apple's bid for a preliminary injunction with respect to one tablet design patent. Apple, Inc. v. Samsung Electronics Co., Ltd., No. 2012-1105 (Fed. Cir. May 14, 2012). “Until the court of appeals issues the mandate, the case ordinarily remains within the jurisdiction of the court of appeals and the district court lacks power to proceed further with respect to the matters involved with the appeal.” Order at 2. Apple's motion for a preliminary injunction “seeks to have the Court adjudicate anew the preliminary injunction motion while the same issue is on appeal before the Federal Circuit.” Id. at 3.
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.