Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
Licensing's In ... Lawyer's Out
Licensing is too important to be left to lawyers. Or so goes the current thinking at Hewlett-Packard Development, L.P., where the only thing less popular than a long-lasting inkjet cartridge is an attorney brainstorming royalty deals. For years, Stephen Fox, the company's longtime chief intellectual property lawyer, had been the champion of a ramped-up licensing strategy: mining the company's intellectual property for revenue opportunities, pushing for a less ad hoc, more systematic approach to licensing, delivering what he often publicly called a “more entrepreneurial view” of the company's IP portfolio. But entrepreneurship, HP ultimately decided, was best left to entrepreneurs. In January, when the company announced a new licensing organization designed to increase royalty revenue, it gave the green light to Fox's ideas ' and put the brakes on Fox himself. The new licensing group would be run by a veteran HP manager.
Some lawyers might call that a raw deal. Fox, who has spent 36 years at HP (18 as its chief IP lawyer), calls it “optimum effectiveness.” That may sound like team play by a guy with nearly four decades on the team, but Fox is adamant that a separate organization, run by someone else, who will do the strategizing he used to do is exactly what he had in mind. Licensing, Fox says, “works well when placed in a business activity that is accountable for profit and loss, rather than in the legal department, which is an expense center.”
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.