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Clarity on Patent Eligibility Law Could Be Coming In 2022
IP lawyers are looking for something in 2022 that's been elusive for the last decade: clarity on patent eligibility law.
"I think we have a lot of things going in a good direction for that," said McAndrews, Held & Malloy partner Scott McBride. He pointed to renewed Supreme Court interest, a PTO director nominee well-versed on the issue, and a district judge poised to join the U.S. Court of Appeals for the Federal Circuit who's handled hundreds of Section 101 cases.
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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
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Discovery of Claim Construction and Infringement Analysis May be Compelled Prior to a Markman Hearing
A defendant in a patent infringement suit may, during discovery and prior to a <i>Markman</i> hearing, compel the plaintiff to produce claim charts, claim constructions, and element-by-element infringement analyses.