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Federal Circuit Clarifies Motivation to Combine to Achieve the Claimed Invention and Holds IPR Petitioner Must Be Given Opportunity to Reply Where Patent Owner First Proposes Claim Construction In a Response
In a pair of decisions, a Federal Circuit panel of Judges Lourie, Dyk, and Taranto unanimously vacated final written decisions of the Patent and Trademark Office's Patent Trial and Appeal Board (the "Board") relating to Medtronic Inc.'s patents, remanding in favor of patent challenger Axonics, Inc.
On July 10, 2023, in Axonics, Inc. v. Medtronic, Inc., Nos. 2022-1451 and 2022-1452, in a decision written by Judge Taranto, the panel vacated the Board's decisions that Axonics failed to prove the challenged claims of U.S. Patent Nos. 8,626,314 ('314 patent) and 8,036,756 ('756 patent) are unpatentable as obvious. Slip op. at 2.
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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.
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.
CLE Shouldn't Be the Only Mandatory Training for Attorneys
Each stage of an attorney's career offers opportunities for a curriculum that addresses both the individual's and the firm's need to drive success.
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.