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IP News
Federal Circuit Clarifies Pleading Requirements for Patent Cases and Affirms Grant of Summary Judgment of Invalidity under 35 U.S.C. §101
On July 13, 2021, a Federal Circuit panel of Judges Dyk, Linn, and O'Malley issued a unanimous opinion, authored by Judge O'Malley, in Bot M8 LLC v. Sony Corp. of America, Case No. 2020-2218. The panel reversed the Northern District of California's finding that Bot M8's infringement allegations were insufficient with respect to two of the patents-in-suit, affirmed the district court's dismissal of Bot M8's claims as to two other patents-in-suit for failure to state a plausible claim of infringement, affirmed the district court's judgment of invalidity of one of the patents under 35 U.S.C. §101, and remanded for further proceedings. Slip Op. at 3-4.
Bot M8 LLC (Bot M8) sued Sony Corporation of America, et al. (Sony) for infringement of U.S. Patent Nos. 8,078,540 (the '540 patent); 8,095,990 (the '990 patent); 7,664,988 (the '988 patent); 8,112,670 (the '670 patent); and 7,338,363 (the '363 patent) (collectively, the asserted patents). Id. at 2. The asserted patents are directed generally to casino, arcade, and video games. Id. at 4. Bot M8 accused Sony's PlayStation 4 (PS4) video game consoles of infringing the '540, '990, '988, and '670 patents. Id. at 5. Bot M8 also accused certain PS4 videogames of infringing the '363 patent. Id.
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.