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In <i>CLS Bank,</i> the Federal Circuit Agrees to Disagree
The intellectual property community hoped and expected that the Federal Circuit's en banc decision in CLS Bank Int'l v. Alice Corp. would provide guidance regarding the scope of patentable subject matter under 35 U.S.C. ' 101. Instead, the Federal Circuit's decision created confusion, identifying three competing tests for assessing patentable subject matter under ' 101.
The Federal Circuit's decision included seven separate opinions spanning 135 pages, but the only precedential portion appears to be the one-page per curiam opinion affirming the district court's holding that the asserted method, computer-readable medium, and system claims are not directed to patent-eligible subject matter. Many of the judges agreed on the ultimate result, with seven out of 10 concluding that the asserted method and computer-readable medium claims were patent-ineligible, and five of those seven judges concluding that the system claims were patent-ineligible. But the Federal Circuit was unable to resolve some of the most important issues the case presented.
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New York's Latest Cybersecurity Commitment
On Aug. 9, 2023, Gov. Kathy Hochul introduced New York's inaugural comprehensive cybersecurity strategy. In sum, the plan aims to update government networks, bolster county-level digital defenses, and regulate critical infrastructure.
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.
How AI Has Affected PR
When we consider how the use of AI affects legal PR and communications, we have to look at it as an industrywide global phenomenon. A recent online conference provided an overview of the latest AI trends in public relations, and specifically, the impact of AI on communications. Here are some of the key points and takeaways from several of the speakers, who provided current best practices, tips, concerns and case studies.
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.