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District Court's Decision Retroactively Excusing Failure to Mark Patented Products Vacated By Federal Circuit
On April 19, 2017, a Federal Circuit panel consisting of Judge Taranto, Judge Chen and Judge Stoll issued a unanimous opinion, authored by Judge Stoll, Rembrandt Wireless Techs., LP v. Samsung Elecs. Co., Ltd., Case No. 2016-1729. Samsung appealed from the United States District Court for the Eastern District of Texas. The panel affirmed the district court's claim construction and denial of Samsung's motions for judgment as a matter of law (JMOL) on obviousness and damages, but vacated and remanded the district court's denial of Samsung's motion to limit damages.
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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.