Corporate Policy Management
As originally published in Forbes (June 28, 2011). I wrote last December that the markedly rising tide of criminal sanctions under the U.S. Foreign Corruption Act and the coming into effect of the UK Bribery Act should inform corporations implementing stringent corporate anti-corruption and compliance programs and policies. Such policies are critical; when properly managed,.. read more →
The Shifting Demarcations of the Inequitable Conduct Doctrine
As originally published in Forbes (June 17, 2011). In Therasense, Inc. v. Becton, Dickinson, and Co. (Fed. Cir. May 25, 2011), the Federal Circuit en banc significantly changed the standards of patent law’s inequitable conduct doctrine. According to Karl Renner, a Principal at the law firm Fish & Richardson, this is particularly true with respect.. read more →
Ninth Circuit Rejects Alleged Cable TV Bundling Antitrust Claims
As originally published in Forbes (June 8, 2011). In Brantley v. NBC Universal, Inc. (9th Cir. Jun. 3, 2011), the U.S. Court of Appeals for the Ninth Circuit took a close look at a “putative class” of cable and satellite television subscribers who alleged that the selling practices of that market’s programmers and distributors constituted.. read more →
Court Orders Production of Non-Privileged Emails in Chain of Otherwise Privileged Emails
As originally published in Forbes (June 7, 2011). In an important Order, Magistrate Judge Kathleen Tomlinson of the Eastern District of New York held that a non-privileged intermediary email in a chain of otherwise privileged emails cannot be withheld from discovery requests. In Benefitvision, Inc. v. Gentiva Health Services, Inc. (E.D.N.Y. May 23, 2011), the.. read more →
The Strategic Use of Patent Reexamination
As originally published in Forbes (June 6, 2011). Patent reexamination is the process whereby either a third party or a patentee can have a patent reexamined by the U.S. Patent and Trademark Office (“USPTO”) to verify that the subject matter it claims is in fact still patentable. The party seeking reexamination must submit prior art.. read more →