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Swearing Behind: Overcoming Asserted Prior Art in PTAB Proceedings, Part 2
Part Two of a Two-Part Article
Introduction
With the adoption of the America Invents Act (AIA) in 2011 and the accompanying change from a first-to-invent system to a first-to-file system, one might be tempted to conclude that first-to-invent concepts like prior conception and reasonable diligence are no longer relevant. But despite the passage of more than a decade since the enactment of the AIA, a significant number of patents with an effective filing date before March 16, 2013 remain in existence and will continue to be litigated under pre-AIA rules. See, Colleen V. Chien et al., “The AIA at Ten-How Much Do the Pre-AIA Prior Art Rules Still Matter?,” 35 Patently-O Patent Law Journal 1, 1 (2021) (reporting that approximately 90% of litigated patents fell under the pre-AIA system in 2020 versus 100% in 2013).
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.
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.
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.