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<i>Gilead Sciences, Inc. v. Natco Pharma Ltd. </i>
Upon issuance, can a later-issued (but earlier-expiring) patent qualify as a double patenting reference against an already issued (but later-expiring) commonly owned patent of the same inventor? In Gilead Sciences, Inc. et al. v. Natco Pharma Ltd., 2014 WL 1584450 (Fed. Cir. Apr. 22, 2014), the Federal Circuit held that it could.
The court held that although a terminal disclaimer could preserve the validity of the earlier-issuing patent, it would shorten that earlier-issuing expiration date to the expiration date of the later-issuing patent. Had the later-issuing patent never issued, the earlier-issuing patent would have enjoyed its full term. Nevertheless, the majority found a basis for this seemingly unusual result. Chief Judge Rader's dissent characterized the decision as new judicially created grounds of double patenting.
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.
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.
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.