• July 24, 2014

    Hyundai, Kia Can't Add Defenses In Hybrid IP Row

    A Maryland federal judge on Thursday denied Hyundai Motor Co. and Kia Motors Corp.’s bid to amend their contentions of patent invalidity in a suit accusing the automakers of ripping off hybrid vehicle technology, saying the companies should have included their indefiniteness defense in their original filing.

  • July 24, 2014

    Judge Mulls 'Discount' Clause In $450M Apple E-Books Deal

    A New York federal judge on Thursday cast doubt on Apple Inc.'s proposed $450 million e-books antirust settlement with the government, saying a provision of the deal that may result in Apple paying significantly less money depending on the outcome of an appeal could be unfair to consumers.

  • July 24, 2014

    Twitter, Yahoo Lead MDL Fee Fight Against Patent Cos.

    Twitter Inc., Yahoo Inc. and a slew of other defendants in multidistrict litigation over patents being asserted by two patent-holding companies asked an Illinois federal court to declare the case “exceptional” in a bid to shift the suit’s fees, saying the patent holders triggered costly and unnecessary litigation.

  • July 24, 2014

    Grand Jury Charges TelexFree Heads With Pyramid Scheme

    A federal grand jury in Massachusetts on Wednesday charged the owners of bankrupt TelexFree Inc. with fraud and conspiracy in connection with the purported Internet telephone service company that authorities and investors contend was little more than a $1.1 billion pyramid scheme.

  • July 24, 2014

    Sex-Neutral Acts Can Back Verizon Worker's Suit: 2nd Circ.

    The Second Circuit revived a woman's lawsuit against a Verizon subsidiary over allegations she was subjected to sexual harassment, discrimination and retaliation, ruling Thursday that the lower court ignored that sex-neutral acts could be part of an overall hostile work environment.

  • July 24, 2014

    Fed. Circ. Says ITC Can Decline Nokia Infringement Argument

    The Federal Circuit ruled Thursday that the U.S. International Trade Commission does not have to let Nokia Inc. present an argument that it didn't infringe patented wireless technology, despite a previous order that a dissenting justice says obligates the commission to hear Nokia's contention.

  • July 24, 2014

    Samsung, Others Say Wiretap Act Doesn't Apply In Privacy MDL

    Carrier IQ Inc., HTC Corp. and Samsung Electronics Co. Ltd. on Wednesday asked a federal judge to toss multidistrict litigation accusing them and other telecom companies of illegally collecting consumers’ data off their phones, arguing Wiretap Act claims simply don’t hold up under scrutiny.

  • July 24, 2014

    Deals Rumor Mill: BSkyB, SodaStream, Islandsbanki

    BSkyB plans to unveil a multibillion-euro bid deal early Friday to buy Rupert Murdoch's assets in Italy and Germany, while SodaStream is mulling a roughly $828 million take-private deal with an investment firm.

  • July 24, 2014

    DLA Piper Gets $1.1M Negligence Judgment Axed In Texas

    A Texas appeals court on Wednesday reversed a $1.1 million judgment against DLA Piper, finding that the former majority shareholder of defunct security technology company IdentiPHI Inc. lacked standing to pursue his claims against the firm.

  • July 24, 2014

    Apple Illegally Tracks Customer Location, Class Action Says

    Apple Inc. was hit Thursday with a proposed class action accusing it of tracking iPhone users’ whereabouts without their permission, following a report from China’s state-owned broadcaster that data-tracking functions in smartphone software will pose a threat to the country’s national security.

  • July 24, 2014

    Google Dodging Disclosure In Patent Row, Rockstar Says

    Rockstar Consortium LP, a patent-licensing group backed by tech giants including Apple Inc. and Microsoft Inc., urged a Texas federal judge to reject prior art references by Google intended to invalidate the seven asserted patents, saying that Google's tactic violates discovery rules.

  • July 23, 2014

    Jury In Fujitsu Patent Row Hands Victory To Tellabs

    An Illinois federal jury on Wednesday decided that Fujitsu Network Communications Inc. breached an agreement that it was willing to grant a license of its patent covering optical communications systems, giving Tellabs Inc. a victory in the companies' long-running infringement battle.

  • July 23, 2014

    Twitter, Others Dodge TQP's Encryption Patent Suits

    A Texas federal judge on Wednesday tossed two infringement suits that patent-holding company TQP Development Inc. lodged against Twitter Inc., LinkedIn Corp., Hertz Corp. and others over a patent covering data encryption technology, ruling TQP had to seek their dismissal pursuant to settlement agreements.

  • July 23, 2014

    FTC Commissioner Calls For Balanced Approach To 'Big Data'

    Federal Trade Commissioner Maureen Ohlhausen urged her colleagues to take a “humble regulatory approach” to tackling the privacy concerns raised by the aggregation and analysis of large data sets that takes into account both the benefits and the risks of big data initiatives.

  • July 23, 2014

    Canada Telecom Co. Taking Atlantic Unit Private In $4B Deal

    Canada’s largest telecommunications company is taking its affiliate Bell Aliant private in a $4 billion deal that will give shareholders and 10 percent premium on their shares, the company said Wednesday.

  • July 23, 2014

    Apple Defends $2M Award For Quinn Emanuel, Samsung Leak

    Firing back at efforts by Quinn Emanuel Urquhart & Sullivan LLP and Samsung Electronics Co. Ltd. to reduce $2 million in sanctions against them for disclosing confidential details of a patent license, Apple Inc. and Nokia Corp. said Tuesday that the order is appropriate for the misconduct.

  • July 23, 2014

    FTC Steps Up Privacy Enforcement, With No Slowdown In Sight

    Despite facing a pair of court challenges to its authority, the Federal Trade Commission spent the first half of 2014 aggressively pursuing companies such as Snapchat Inc. and Fandango LLC over allegedly misleading privacy promises and lax data security, and attorneys expect the regulator to continue to put pressure on companies to secure and protect the consumer data they hold.

  • July 23, 2014

    Tech Group Rallies Behind Obama's Procurement Chief Pick

    The Information Technology Industry Council threw its weight behind President Barack Obama's nomination of Anne Rung for administrator for the Office of Federal Procurement Policy, saying her procurement experience at the U.S. General Services Administration could benefit contractors in the telecommunications, information technology, and defense industries.

  • July 23, 2014

    States Threaten To Sue FCC Over City-Run Broadband Projects

    An organization representing state legislatures said Tuesday that it would sue the Federal Communications Commission if the agency tried to override state laws that bar local municipalities from building their own broadband networks to compete with private ISPs.

  • July 23, 2014

    Amazon Must Show Time Sheets To Get Fees In Kindle IP Row

    A Delaware federal judge on Wednesday reiterated that Inc. was entitled to attorneys’ fees that the e-commerce giant racked up while defending itself from infringement claims related to a book memory device patent, but said the company needed to support its request with time sheets.

Expert Analysis

  • 6 Years In, Why Haven't FRE 502(d) Orders Caught On?

    John A. Rosans

    In this e-discovery era, why aren't more litigants using Federal Rule of Evidence 502(d) orders and affording themselves basic protection of their most sensitive information? Or, if they are moving for such orders, why are they doing it wrong? asks John Rosans of Katten Muchin Rosenman LLP.

  • Trial-Ready In 180 Days: Prepare For SDNY's Rocket Docket

    Isaac S. Greaney

    A growing trend in the Southern District of New York akin to a sua sponte rocket docket can provide defendants with an opportunity to set the tone of discovery and shift the burden and risks of the schedule to their adversaries, say Isaac Greaney and Jackie Lu of Sidley Austin LLP.

  • A 12-Point Patent Monetization Plan

    Stephen Glazier

    A recent Delaware decision acknowledges that there may be an affirmative duty of officers and directors of a corporation to monetize the corporation’s intellectual property. Fortunately, there are steps available to manage this risk that are also profitable business strategies, says Stephen Glazier of Akerman LLP.

  • Keys To IP Collaborations With Universities: Part 1

    Lance Anderson

    Despite the benefits of working with academia, there remain significant distinctions in the core missions between research institutions and for-profit companies. Without understanding these distinctions, for-profit companies often run the risk of frustrating relationships, or worse, compromising their own intellectual property positions, say attorneys with Greenberg Traurig LLP.

  • Powerful Tools For Discovery And Litigation Strategy

    Nathalie Hofman

    Analytics offer opportunities for refining both discovery strategy and overall litigation strategy by providing information to support better informed decisions. As an added bonus, they can result in significant cost savings, say Nathalie Hofman and Carolyn Southerland of Huron Consulting Group Inc.

  • Data Breach Dismissals Continue Post-Clapper

    David M. Brown Jr.

    In re Science Applications International Corp. Backup Tape Data Theft Litigation reinforces the trend among federal courts in the aftermath of the U.S. Supreme Court's ruling in Clapper v. Amnesty International USA that the loss of data and increased risk of indentity theft from data breaches do not constitute injury, says David Brown Jr. of Montgomery McCracken Walker & Rhoads LLP.

  • PRISM Scatters Attorney-Client Privilege

    Any attorney sending or storing confidential client information or privileged communications via the cloud may be knowingly exposing those communications to scrutiny by the U.S. government via programs such as the National Security Agency’s PRISM — and arguably, even waiving any claim of privilege as a result, say attorney Thomas Mullaney and Vaultive CEO Elad Yoran.

  • Ambiguities Remain Despite 9th Circ. AU Optronics Ruling

    Robert E. Bloch

    Unfortunately, the Foreign Trade Antitrust Improvements Act does not provide much guidance on how “direct” an effect on U.S. commerce must be for it to come within the scope of the Sherman Act, and subsequent case law — including the recent Ninth Circuit AU Optronics ruling — has not settled the issue, say attorneys with Mayer Brown LLP.

  • OPINION: Let's Financially Reward Law Firm Diversity

    Patricia K. Gillette

    It only took the threat of a 10 cent cost increase to make people bring their own bags to Bay Area grocery stores. What if we gave partners an extra $10,000 for increasing diversity in their firms? asks Orrick Herrington & Sutcliffe LLP partner Patricia Gillette.

  • Attorney-Client Privilege And Communications In Japan

    Miku Mehta

    Due to the increase in cross-border transactions and the explosion of patent lawsuits in the U.S. against non-U.S. companies, the availability of the attorney-client privilege to protect communications between companies and their lawyers has gained importance. Consider communications with Japan's benrishi and bengoshi, say Robert Sloss and Miku Mehta of Procopio Cory Hargreaves & Savitch LLP.