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Federal Circuit Analyzes Specification and Prosecution History Claim Language Usage
Everyone knows that you interpret a patent's claims in light of the patent's specification and prosecution history. However, absent an express disclaimer or special definition of how a term is to be interpreted, it can be frustrating to get a court to reject the plain and ordinary meaning of claim language read in a vacuum, based on the subtleties of how a term is used in a patent or its prosecution history. The technology of patent examples can be complicated. The reasoning of why an amendment was made to overcome art can be elusive. Many courts would much rather look at a dictionary or textbook definition. The more nuanced analysis is often quite complex from either a scientific or patent prosecution context.
University of Mass. v. L'Oréal S.A., No. 2021-1969 (Fed. Cir. June 13, 2022), confirms that regardless of the complexity, a court must analyze how a term is used in the context of the specification and prosecution history, even without clear language such as "as used herein .…"
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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
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.
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.
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.