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EDITOR'S NOTE: After this month's issue of The Intellectual Property Strategist went to press, U.S. District Judge James Cacheris granted a motion by GlaxoSmithKline for a preliminary injunction blocking the U.S. Patent and Trademark Office from implementing the rules set to go into effect on Nov. 1. For up-to-date information, see http://www.lawjournalnewsletters.com/issues/ljn_patent/8_6/news/149619-1.html
On Aug. 1, 2007, and as reflected in Volume 72 of the Federal Register published on that date, the U.S. Patent and Trademark Office ('USPTO') issued a final rulemaking action titled 'Miscellaneous Changes to Trademark Trial and Appeal Board Rules' (the 'Amendments'). According to this rulemaking action, which modifies a number of provisions within Title 37, Part 2, of the Code of Federal Regulations (the 'Rules'), the effect of these Amendments is fourfold, namely:
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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.
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 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.
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