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Federal Circuit Affirms PTAB Ruling on Filing Of Supplemental Information
The Federal Circuit continued its largely deferential treatment of Patent Trial and Appeal Board (PTAB) procedural rulings in Redline Detection, LLC v. Star Envirotech, Inc., 15-1047 (Fed. Cir. Dec. 31, 2015), upholding the PTAB's denial of Petitioner Redline's motion to submit supplemental evidence under 37 C.F.R. '42.123(a), within a one-month window from institution of an inter partes review (IPR). The Federal Circuit also affirmed the PTAB holding that U.S. Pat. No. 6,526,808 (the '808 Patent), was not invalid as obvious under 35 U.S.C. '103. Practitioners should be aware that entry of supplemental evidence after institution of an IPR is not routine, even within the one-month window from institution of the IPR, and remains firmly up to the PTAB's broad discretion.
Procedural Background
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.
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.
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.