Technology

  • April 29, 2016

    More Jawbone Patents Ineligible Under Alice, ITC Judge Rules

    A U.S. International Trade Commission judge ruled Thursday that two Jawbone patents covered ineligible subject matter under the high court's Alice decision, dealing the fitness device maker another blow in its ongoing feud with rival Fitbit Inc.

  • April 29, 2016

    1st Circ. Revives USA Today App User's Privacy Class Action

    The First Circuit on Friday revived a USA Today smartphone app user’s putative class action alleging the paper’s parent Gannett illegally collected his browsing data to sell to advertisers, ruling the app user, unlike a website user, is a “subscriber” protected by federal privacy law.

  • April 29, 2016

    Oregon Tells 9th Circ. Immunity Blocks Oracle's IP Suit

    Oregon on Thursday urged the Ninth Circuit to reverse a district court's ruling that the state must face Oracle's copyright suit over allegedly not-paid-for work done on Oregon's health insurance exchange, arguing the state never waived its 11th Amendment immunity.

  • April 29, 2016

    House Forms Bipartisan Caucus To Target Car Hacking Threat

    Four U.S. House lawmakers on Thursday launched a bipartisan caucus dedicated to tackling safety considerations and security concerns tied to the rise of connected and self-driving vehicles, which have been pegged as being particularly susceptible to hackers.

  • April 29, 2016

    Patent Row Fees Denied Over Post-Alice Uncertainty

    Though a Formfree Holdings Corp. patent asserted against a rival lender-software company was found invalid, Formfree need not pay the rival’s legal fees given the “unsettled” law on patent eligibility following the landmark Alice decision, a California federal judge has ruled.

  • April 29, 2016

    Deals Rumor Mill: Yahoo, Pfizer, Atlante

    Yahoo Inc. has a short list of 10 bidders, which includes Verizon Communications Inc., for its core Internet business, according to a Reuters report Friday. Most of the offers are cash-only, and also come from big private equity players such as TPG Capital LP. The move to divest the core assets comes after Yahoo scrapped plans to spin off its Alibaba stake in December. Earlier this week, Yahoo announced a truce with activist investor Starboard Value that saw the company partially shake up its board to avoid a proxy fight.

  • April 29, 2016

    IBM PTAB Win On Firewall IP Challenged At Fed Circ.

    Intellectual Ventures on Thursday urged the Federal Circuit to overturn a Patent Trial and Appeals Board decision that tossed a network security patent challenged by IBM, maintaining the board misread the patent.

  • April 29, 2016

    Robbins Geller Wins Bid To Lead GoPro Securities Suit

    Robbins Geller Rudman & Dowd LLP will lead a consolidated putative class action accusing camera maker GoPro Inc. of making false and misleading statements regarding its Hero product line that ultimately caused the stock to tank, according to an order filed in California federal court on Thursday.

  • April 29, 2016

    Google Says FCC Vacant Channel Rule Has No Downside

    Google Inc. has pressed the Federal Communications Commission to approve a proposal to set aside TV station white space for wireless purposes, saying Thursday that even the National Association of Broadcasters conceded the rule would have minimal consequences.

  • April 29, 2016

    Banks Between A Rock And A Hard Place On Chat Records

    With salty chat messages fueling high-profile market rigging cases and the emergence of new technologies that allow such communications to be erased, a U.S. regulator has told banks to retain their internal chat records, but that may conflict with cybersecurity standards that require the deletion of unnecessary data, experts say.

  • April 29, 2016

    Bill Would Ban Forced Arbitration For Telecom Customers

    Amid growing backlash against forced arbitration in consumer contract disputes, a group of senators led by Richard Blumenthal and Al Franken introduced legislation Thursday to outlaw forced-arbitration clauses in contracts for telecommunications services.

  • April 29, 2016

    Groups Urges DOD Not To Base $17B Contract On Price Alone

    Two trade groups representing federal contractors continue to press the U.S. Department of Defense not to base the award of a $17.5 billion information technology project on the lowest price to the detriment of quality, according to a letter made public Thursday.

  • April 29, 2016

    Jumio Delays Auction For Talks With Multiple Bidders

    The sale of software developer Jumio Inc. has been delayed by a week so the bankrupt company can continue talks with multiple potential bidders, an attorney said on Friday at a status conference on the company’s Chapter 11 case.

  • April 29, 2016

    Trident Spinoff Sunstone Closes $300M PE Technology Fund

    Sunstone Partners, a newly formed private equity firm carved out of Silicon Valley venture capital player Trident Capital, said Thursday that it has closed a technology-focused growth equity fund with $300 million of total commitments, surpassing its initial target.

  • April 29, 2016

    Cooley, Skadden Steer $1B Rovi-TiVo Deal

    Rovi Solutions Corp., which provides digital media guides and licenses entertainment device patents, said Friday it is acquiring set-top-box maker TiVo Inc. in a $1.1 billion cash and stock deal guided by Cooley LLP and Skadden Arps Slate Meagher & Flom LLP.

  • April 28, 2016

    High Court OKs Rule Change Expanding FBI Hacking Powers

    The U.S. Supreme Court on Thursday approved a rule change that would allow judges to issue FBI warrants to access computers located outside their districts, despite opposition from critics including Google Inc. that claim it would expand the government’s hacking and surveillance powers.

  • April 28, 2016

    Google Can't Kill Map Patent Row In Lead-Up To Trial

    Google lost a handful of pretrial challenges to an infringement suit alleging the Silicon Valley heavyweight stepped on a German architectural firm’s patent related to a virtual Earth map when a Delaware federal judge on Thursday refused to find the patent invalid or ineligible.

  • April 28, 2016

    Oracle, Google Again Rip Jury Instructions In $8B IP Row

    Oracle and Google on Wednesday both told the California federal judge overseeing the looming $8 billion copyright trial over Google's use of Oracle software code in its Android operating system that they're still not happy with his proposed jury instructions.

  • April 28, 2016

    FCC Advances Plan For New Business Data Regs Regime

    The Federal Communications Commission on Thursday moved forward with a controversial new proposal for rules for the business data services market, asking for feedback on how to determine whether markets are competitive and how to apply pricing and other regulations if they aren't.

  • April 28, 2016

    Google Seeks To Break Up College Email Scanning Case

    Google argued Tuesday that college students and others improperly banded together in a suit to accuse the company of unlawfully scanning their emails for advertising purposes and proposed that a California federal court dismiss almost the entire case and require hundreds of plaintiffs to pursue individual actions.

Expert Analysis

  • OPINION: Engaging The Media May Help Your Client

    Liz Mair

    While I am confident that the decisions in Windsor and Obergefell were made on the basis of the dictates of the Constitution, I am also confident that the communications efforts undertaken gave the justices additional comfort to make the right call, and ensured that these decisions were not treated as a Roe v. Wade redux, says Liz Mair, former online communications director for the Republican National Committee and president of Mair Strategies.

  • Dentons: A New Kind Of Network?

    MarkACohen.jpg

    Dentons is two different law firm networks in one. So even if the Swiss verein structure should eventually fail and Dentons is forced to operate as a network of independent law firms, it could still be a significant market force, says Mark A. Cohen, a recovering civil trial lawyer and the founder of Legal Mosaic LLC.

  • Why High Court Should Preserve USPTO Autonomy In Cuozzo

    Shubha Ghosh

    Cuozzo is asking the U.S. Supreme Court to overturn the U.S. Patent and Trademark Office’s broadest reasonable interpretation standard, which would mean the USPTO would have to engage in the extensive method of claim construction we see in the courts. There are many reasons to be skeptical of Cuozzo’s arguments, says Shubha Ghosh, director of Syracuse University College of Law's technology commercialization law program.

  • IPR At Supreme Court: Inside Cuozzo Oral Arguments

    Angela Johnson

    Despite what appeared to be a dissenting view by the chief justice at oral arguments in Cuozzo, most of the U.S. Supreme Court justices appeared satisfied with the Patent Trial and Appeal Board’s current implementation of the broadest reasonable interpretation standard in inter partes review proceedings, which lends itself to the interpretation that the fundamental role of the PTAB is to ensure patent quality and provide clear noti... (continued)

  • What To Know About Trade Secret Law In Saudi Arabia

    Paul B. Keller

    As Saudi Arabia's market continues to expand and with its stock market becoming increasingly opening to foreign investors, many U.S. companies and banks are expanding operations in and to the kingdom. These expansions pose a great opportunity for many technology and life science companies — and the potential for the theft or misappropriation of a company’s trade secrets by an employee or business partner, say Paul Keller and Jihad ... (continued)

  • IRS' Quinn Emanuel Retainer Is A Wrongheaded Experiment

    Stuart J. Bassin

    The IRS retainer of litigating powerhouse Quinn Emanuel Urquhart & Sullivan LLP to help develop a multibillion-dollar transfer pricing case against Microsoft is poor litigation strategy. Quinn Emanuel, while an excellent firm, has essentially no experience with substantive tax law or transfer pricing, says Stuart Bassin, a former U.S. Department of Justice tax litigator.

  • The D&O Policy Implications Of SEC's Theranos Probe

    Kevin M. LaCroix

    The directors and officers insurance marketplace is built around a basic premise that private companies generally do not have liability exposures under the securities laws. With the advent of the U.S. Securities and Exchange Commission's investigation into high-flying startup Theranos — and the possibility of similar probes into other private companies — a number of D&O policy terms and conditions may need to be reviewed, says Kevi... (continued)

  • When Gov't Hires Private Attys: The Need For Boundaries

    Keith Fogg

    Two high-profile uses of nongovernment workers at the IRS have penetrated the wall of core government function in a way not been done in many decades. If we are going to take this path, we should have an understanding of when a task requires a government employee and when private contractors make the most sense, says Keith Fogg, a professor at Villanova Law School and a former IRS counsel.

  • Avoiding The Pitfalls Of Researching Attorneys In PACER

    Brian Howard

    While PACER is a powerful tool for gaining information, practitioners should keep in mind that certain flaws often cause lawyers to be omitted from cases they’ve worked on or to show up associated with the wrong firm. These errors build up across aggregate records, tainting any conclusions drawn from such data — often to a surprising extent, according to Brian Howard, a legal data scientist at Lex Machina.

  • New Tax Plan Will Hurt IT, Pharma Vendors In Texas

    Stephen P. Kranz

    A proposed tax rule in Texas does not comport with the common-sense meaning of the term “produced,” which has previously been interpreted to mean making a physical change to an item, rather than merely adding intangible property. The rule will likely have the undesirable effect of stifling information technology and pharmaceutical development by Texas taxpayers, say attorneys with McDermott Will & Emery LLP.