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How Much Damage?
The recent decision by the U.S. Court of Appeals for the Federal Circuit in EZ Dock Inc. v. Schafer Systems Inc., 276 F.3d 1347 (Fed. Cir. 2002) may well have an impact on the development of biotechnological and pharmaceutical inventions. In EZ Dock, the Federal Circuit adopted a 13-factor 'totality of the circumstances' test to determine whether an offer to sell an invention is primarily commercial or primarily experimental, and thus whether the on-sale bar under 35 U.S.C. 102(b) should apply.
The on-sale bar prevents a patentee from obtaining and enforcing a patent if the invention was the subject of a commercial sale or offer for sale in the United States more than 1 year before the inventor or company filed a patent application on the invention. The rationale behind the bar is four-fold. First, the bar discourages the removal of inventions from the public domain after the public has come to believe the invention is freely available as a result of the sale of products embodying it. Second, the bar favors widespread disclosure of inventions. Third, the bar provides the inventor a reasonable amount of time after sales have started to decide whether the invention is worth patenting. Finally, the bar prevents the inventor from unduly extending the period of his monopoly by delaying the filing of a patent application until he fears that he might start to experience competition. King Instrument Corp. v. Otari Corp., 767 F.2d 853 (Fed. Cir. 1985).
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.
New York's Latest Cybersecurity Commitment
On Aug. 9, 2023, Gov. Kathy Hochul introduced New York's inaugural comprehensive cybersecurity strategy. In sum, the plan aims to update government networks, bolster county-level digital defenses, and regulate critical infrastructure.