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Patent Reissue Strategies and Pitfalls
A properly drafted set of patent claims captures any foreseeable competitor activity without being so broad as to read on the prior art. In the real world, such perfect claims are difficult to craft. Often times, patent claims are drafted too narrowly and competitive products avoid infringement. Likewise, later discovered prior art may render broad claims invalid. But all is not lost, as the United States Patent Code provides patentees with procedures for correcting imperfect claims.
The preferred mechanism to correct or improve claim coverage is through the use of continuation applications. A common strategy is to file a continuation application on an allowed application prior to its issue date to keep the case open before the Patent Office. By doing so, a patentee can continue to expand and improve upon the claim coverage, while maintaining the earliest possible priority date.
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.