Technology

  • August 26, 2014

    LG, Others Back Middleman Defense In LCD Price-Fixing MDL

    LG Display Co. and several other electronics companies accused of price-fixing liquid crystal display panels urged a California district court on Monday to dismiss direct purchaser allegations regarding panels first bought by intermediary companies, arguing the plaintiffs lack standing to bring these claims.

  • August 26, 2014

    Female Yahoo Exec Calls Engineer's Sex Claims 'Flat-Out Lies'

    An ex-Yahoo Inc. software engineer's suit claiming executive Maria Zhang coerced her into having sex is based on "flat-out lies," Zhang's attorney told a California judge on Tuesday, adding that his client "never had sexual relations" with the female worker. 

  • August 26, 2014

    Geospan Beats Pictometry Patent Claim Over Photo System

    A Minnesota federal judge on Tuesday rejected Pictometry International Corp.’s claims that rival Geospan Corp. infringed a patent for using photographs to measure the distance between two points, ruling that Pictometry’s patent claim did not cover the allegedly inferior system used by Geospan.

  • August 26, 2014

    LightSquared Seeks $121M In DIP Financing

    Lightsquared Inc. has asked a New York bankruptcy court to approve $120.6 million in post-petition financing during its drawn-out bankruptcy battle, according to documents filed Monday.

  • August 26, 2014

    Fed. Circ. Pushed To Rethink Nixing $18M Contempt Fine

    EPlus Inc. urged the full Federal Circuit on Monday to review its decision to vacate an injunction and an $18 million fine against Lawson Software Inc. in a patent infringement case, saying that the panel's decision lacked precedent.

  • August 26, 2014

    AUO Asks Full 9th Circ. To Rehear $500M Antitrust Case

    AU Optronics Corp. asked the entire Ninth Circuit on Monday to reconsider its appeal of a $500 million price-fixing fine the government won against the liquid crystal display maker, saying the recent panel decision upholding the penalty misinterpreted the evidence in the case.

  • August 26, 2014

    Xerox Secures Reviews Of 'Patent Troll's' Scanner Patents

    The U.S. Patent and Trademark Office’s trial board Monday opted to institute inter partes reviews of two virtual copier patents owned by so-called patent troll MPHJ Technology Investments LLC after requests from Xerox Corp. and others, finding there was a reasonable chance their challenged claims might be found unpatentable.

  • August 26, 2014

    China's Antitrust Glare Leaves Few Options For Foreign Cos.

    Amid a drive to promote domestic champions, Chinese antitrust enforcers have increasingly turned their sights on foreign companies, and experts say the inquiries can leave the companies caught in the regulators' crosshairs with little choice but to make nice.

  • August 26, 2014

    Wash. Court Tosses Cingular's Bid To Claw Back City Taxes

    A Washington appeals court on Monday reversed a trial court decision allowing New Cingular Wireless PCS LLC, now AT&T Mobility LLC, to claim tax refunds for 2005 through 2010, saying the phone provider didn't exhaust its administrative remedies against the city of Bothell before bringing the case.

  • August 26, 2014

    Fed. Circ. Nixes Computer Bingo Patents As Abstract Ideas

    The Federal Circuit on Tuesday invalidated two Planet Bingo LLC patents on computerized bingo games, ruling that they claim nothing more than abstract ideas under the U.S. Supreme Court's Alice Corp. decision, in a win for accused infringer Video King.

  • August 26, 2014

    USDA Beats Lanham Claims By Healthy Eating App Developer

    The U.S. Department of Agriculture was awarded summary judgment by a Colorado federal judge Monday that put to bed Lanham Act claims brought by an app developer alleging the agency ripped off its concept and design when it developed a new healthy nutrition image.

  • August 26, 2014

    De Blasio The Latest NY Leader With Doubts Over TW-Comcast

    New York City Mayor Bill de Blasio has joined Gov. Andrew Cuomo in expressing doubt about whether Comcast Corp.'s $45 billion bid to gobble up Time Warner Cable Inc. benefits customers, telling federal regulators in a letter Monday he has concerns about affordable access to high-speed Internet.

  • August 26, 2014

    Google Seeks Sanctions From SuperSpeed Over Copied Code

    Google Inc. filed a scathing motion for sanctions against SuperSpeed LLC in Texas federal court on Monday after realizing that one of the software company's experts allegedly copied chunks of Google’s source code during a patent infringement suit, with the tech giant claiming that its “worst fears have been realized.”

  • August 26, 2014

    NY Plans $40M Bounties For Microgrid Technology Innovations

    New York Gov. Andrew Cuomo said Tuesday the state will pay $40 million in bounties to foster technology to safeguard neighborhoods' power supplies locally using sources including wind and solar when extreme conditions — like the recent Superstorm Sandy — knock out the electric grid.

  • August 26, 2014

    King & Spalding Nabs Corporate Partner From Freshfields

    King & Spalding LLP announced Monday that it has named Matthew Jacobson, an attorney experienced with Silicon Valley’s technology sector, partner in its New York corporate practice, marking the fourth partner to join the firm’s city-based transactional practices in the past 10 months.

  • August 25, 2014

    Calif. Enacts 1st-Of-Its-Kind Smartphone Kill Switch Law

    California Gov. Jerry Brown on Monday signed into law first-of-its-kind legislation requiring AT&T Inc., Apple Inc. and other wireless companies and retailers to equip smartphones and tablets sold in the state with a "kill switch" that would render the devices inoperable if stolen.

  • August 25, 2014

    Fake Filer Forks Over 9th Circ. Fees In 'No Poach' Appeal

    A would-be intervenor in the antitrust class action accusing Apple Inc., Google Inc. and others of illegally agreeing not to poach engineers paid the fees Monday to appeal an order denying his bid to remove Judge Lucy H. Koh from the case after the Ninth Circuit had threatened to toss the appeal.

  • August 25, 2014

    Samsung Privacy Claims Pass Wiretap Act Muster, Court Told

    Plaintiffs suing Carrier IQ Inc., HTC Corp., Samsung Electronics Co. and others in California federal court have pushed back on efforts to toss the multidistrict class action litigation in which the telecom companies are accused of illegally collecting consumers’ data from their phones, arguing their claims meet Wiretap Act standards. 

  • August 25, 2014

    HP Blocked From Hiring Plaintiffs' Attys In Autonomy Row

    A California federal judge ordered Hewlett-Packard Co. shareholders Monday to revise a proposed settlement in their derivative suit over HP's $11.1 billion Autonomy Corp. acquisition, vetoing a clause under which the plaintiffs' attorneys would be paid $18 million to help HP sue Autonomy’s top brass.

  • August 25, 2014

    High Court Urged To Skip Case On JMOL Requirements

    A patent owner's U.S. Supreme Court cert petition arguing that the Federal Circuit improperly required him to seek judgment as a matter of law before appealing a noninfringement verdict must be rejected because the court never actually ruled on that issue, the accused infringer said in court filing.

Expert Analysis

  • The 8 Gotchas Of Technology Contracting: Part 1

    Craig Auge

    Every business runs at least in part on technology — and, when contracting for technology products and services, the “gotchas” don’t discriminate based on size or industry. All parties can benefit from avoiding these situations, says Craig Auge of Vorys Sater Seymour and Pease LLP.

  • Tax-Free REIT Spinoffs Could Be The Next Big Thing

    Thomas A. Humphreys

    Windstream Holdings Inc.’s recent tax-free real estate investment trust spinoff highlights an intriguing option for U.S. corporations — particularly those in the technology, telecommunications or utility sector — as the IRS continues to expand the range of “real estate” assets that can be held by an REIT, say Thomas Humphreys and Matthew Lau of Morrison & Foerster LLP.

  • 4 Trends In FTC Antitrust Regulation And Enforcement

    Leslie John

    The Federal Trade Commission has increasingly challenged conditional pricing practices, but without articulating a bright-line rule. Practitioners should always consider whether the economic realities of a client’s industry lends itself to one analysis over the other, say attorneys with Ballard Spahr LLP.

  • 9th Circ. Is Stuck In The '90s On Internet Terms Of Use

    Katherine Gasztonyi

    The Ninth Circuit's recent decision in Nguyen v. Barnes & Noble Inc. relies on the assumption that people don’t know about the existence of website terms of use. That might have made sense in, say, 1996, but this is simply no longer the case, say attorneys with Covington & Burling LLP.

  • Solvency Drives Dismissal Of Fraudulent Transfer Suit

    Michael L. Cook

    In U.S. Bank National Association v. Verizon Communications, the Fifth Circuit found competing valuations helpful in dismissing a litigation trustee’s $2.5 billion fraudulent transfer suit against a Chapter 11 debtor’s corporate parent. An adversarial system, therefore, not ideology, worked for the defendants, says Michael Cook of Schulte Roth & Zabel LLP.

  • Recent FTAIA Cases Leave Important Questions Unresolved

    Jeffrey Jacobovitz

    In the last five months, three circuit courts have interpreted the Foreign Trade Antitrust Improvements Act, with some staking out differing positions on important aspects — namely, the requirement that foreign anti-competitive conduct have a direct effect on U.S. commerce in order to fall outside the FTAIA's general exemption for foreign conduct, say Jeffrey Jacobovitz and David Hobson of Arnall Golden Gregory LLP.

  • How To Control Risk And Cost Of E-Discovery

    "If you follow the philosophy of saving everything you're just multiplying exponentially the costs and risks of litigation and investigations," says Robert Owen, partner in charge of Sutherland Asbill & Brennan LLP's New York office and president of the Electronic Discovery Institute.

  • IP In A Financial Center: Ireland Vs. Cayman Islands

    Ramesh Maharaj

    The portable nature of intellectual property allows it to be readily structured in jurisdictions such as the Cayman Islands or Ireland to maximize returns. Whether a particular jurisdiction is well suited for the IP requires analysis of where the IP is to be sold or licensed in the future and how any returns from such activities are to be treated, say Ramesh Maharaj and Petrina Smyth of Walkers Global.

  • Disc Drive Ruling May Make ITC Less Attractive To NPEs

    Sten Jensen

    If affirmed by the U.S. International Trade Commission, the administrative law judge's ruling in Optical Disc Drives would continue the trend of recent decisions heightening the domestic industry requirement for nonpracticing entities, say Sten Jensen and Jordan Coyle of Orrick Herrington & Sutcliffe LLP.

  • How To React To Chinese Anti-Monopoly Surprise Inspections

    Lipeng Mei

    Recently, Chinese anti-monopoly authorities raided Chinese offices of Microsoft and Mercedes-Benz, shocking many companies doing business in China. When facing a surprise inspection, companies should keep five points in mind, says Lipeng Mei, an anti-monopoly enforcement official with the Chinese government, and Lei Mei of Mei & Mark LLP.