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No Injunction In Video-on-Demand Litigation
The digital content era has moved patent issues to the forefront for the entertainment industry. In one recent case, even after winning a patent infringement case, a video-on-demand company still may not get an injunction prohibiting ongoing infringement by defendant Verizon Communications. In ActiveVideo Networks Inc. v. Verizon Communications Inc., 2011-1538 (Fed. Cir. 2012), the U.S. Court of Appeals for the Federal Circuit further explained why that is, illustrated how various factors should be weighed to determine whether to issue an injunction and offered guidance concerning how to calculate an appropriate royalty in the event an injunction does not issue.
A jury found that Verizon's FiOS-TV service infringed ActiveVideo's method patents pertaining to video-on-demand technology, but the Federal Circuit held that the district court erred by imposing a permanent injunction prohibiting future use. The Federal Circuit vacated the injunction and remanded the case for the district court to determine the royalty Verizon should pay. The case illustrates the real world impact of the Supreme Court's 2006 ruling in eBay v. MercExchange, 547 U.S. 388 (2006), that injunctions should not automatically issue in patent infringement cases.
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.