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New Directions in Patenting Process Inventions
35 U.S.C. '101 defines processes, machines, manufactures, and compositions of matter as the categories of inventions that can be the subject matter of a patent. 35 U.S.C. '100(b) defines the term 'process' to mean 'process, art, or method, and includes a new use of a known process, machine, manufacture, composition of matter, or material.' Section 101 also requires that the subject matter sought to be patented be 'useful.'
'[P]rocesses represent an especially troublesome type of invention ' because almost anything can be claimed as a series of steps that technically can be considered a process, but the term process is so broad that it can be used to claim inventions that cover nothing more than human conduct or thought processes that are totally unrelated to any science or technology.' Ex Parte Lundgren, Appeal no. 2003-2088 (U.S. Patent and Trademark Office ('PTO') Board of Patent Appeals and Interferences ('BPAI'), 2005), at p. 10.
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.
Compliance Officers: Recent Regulatory Guidance and Enforcement Actions and Mitigating the Risk of Personal Liability
This article explores legal developments over the past year that may impact compliance officer personal liability.