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Newegg Scores in Federal e-Commerce Patent Case
After six years of litigation, the online retailer Newegg Inc. has delivered a major blow to Soverain Software LLC, which has raked in tens of millions of dollars asserting patents related to e-commerce. Siding with Newegg in a 25-page decision issued on January 22, the U.S. Court of Appeals for the Federal Circuit invalidated three of Soverain's patents on obviousness grounds. Soverain Software LLC v. Newegg Inc., No. 2011-1009 (Fed. Cir., Jan. 22, 2013) (http://1.usa.gov/ZufJJK).
The patents cover concepts like using an Internet receipt, putting items in an online shopping cart, and using identifiers to keep track of online shoppers. The ruling vacates a $2.5 million jury verdict that Soverain won against Newegg in 2010, and it also casts doubt on an $18 million verdict Soverain won in 2011 against Avon Products Inc. and Victoria's Secret Stores LLC, which Soverain accused of infringing the same three patents.
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.