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IP News
More Than a Recitation of Hooke's Law Needed for Patent Protection
On Oct. 3, 2019, a Federal Circuit panel of Judges Dyk, Moore, and Taranto issued a decision in American Axle & Manufacturing, Inc. v. Neapco Holdings LLC, No. 2018-1763 (Fed. Cir. 2019). Judges Dyk and Taranto filed the majority opinion, and Judge Moore filed a dissenting opinion. The Federal Circuit affirmed the decision of the United States District Court for the District of Delaware, finding that the claims of U.S. Patent No. 7,774,911 ("the '911 patent") were unpatentable under 35 U.S.C. §101.
American Axle & Manufacturing, Inc. (AAM) sued Neapco Holdings LLC and Neapco Drivelines LLC (collectively, Neapco) for infringement of the '911 patent. See, id. at 2. The '911 patent is generally directed to "a method for manufacturing driveline propeller shafts ("propshafts") with liners that are designed to 'attenuat[e] … vibrations transmitted through a shaft assembly.'" Id. at 3 (citing '911 patent, col. 1, ll. 6-7). The vibrations of a propshaft cause undesirable noise, and various prior art references attempted to dampen the vibrations. See, id. at 3-4.
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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.
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.
A Lawyer's System for Active Reading
Active reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.