• October 8, 2015

    HTC And 'Original Patent Troll' End Antitrust Suit

    A California federal judge signed off Thursday on a deal that ends an antitrust case accusing HTC Corp. of conspiring with other cellphone manufacturers to refuse to license intellectual property held by a company led by an attorney once described as "the original patent troll."

  • October 8, 2015

    Deal Reached In 1st Suit Under Fla.'s Anti-Patent Troll Law

    Software company Demandware Inc. has settled patent infringement claims brought against it by ArrivalStar SA, as well as counterclaims that constituted the first lawsuit brought under Florida’s Patent Troll Prevention Act, in what Demandware has called a “victory over patent trolls,” according to a Wednesday stipulation of dismissal.

  • October 8, 2015

    Path's Top Execs Must Testify In User Privacy Case

    A California federal court Thursday denied an attempt by Path Inc. to keep its chief executive and former chief technology officer from being deposed by a proposed class of users accusing the social media company of accessing their contacts through its app without permission.

  • October 8, 2015

    IT Workers Hit General Dynamics With Wage-And-Hour Claims

    A pair of former General Dynamics Corp. workers accused the company of failing to pay overtime to the information technology help desk workers handling tasks linked to the company’s contract with U.S. Citizenship and Immigration Services, according to a Virginia proposed collective action filed Thursday.

  • October 8, 2015

    US Seeks Ban On Lithium Batteries In Passenger Plane Cargo

    At a United Nations aviation standards meeting this month, the U.S. will advocate for an interim ban on shipping lithium ion batteries in the cargo holds of passenger planes because of the fire hazard they pose, a Federal Aviation Administration spokeswoman confirmed on Thursday.

  • October 8, 2015

    Troutman Sanders Nabs Ex-Faruki Ireland Cybersecurity Pro

    A former Faruki Ireland & Cox PLL partner and seasoned technology litigation and compliance attorney with expertise in business-impacting information technology has joined Troutman Sanders LLP to bolster the firm's privacy and financial services practices in its Orange County office, the firm has said.

  • October 8, 2015

    Shareholder Sues Adept Tech Over $200M Sale To Omron

    Adept Technology Inc. was hit with a proposed shareholder class action in Delaware Chancery Court on Wednesday claiming the company’s $200 million sale to automation equipment maker Omron undervalues the company and shortchanges shareholders.

  • October 8, 2015

    Drone Bill Would Make Reckless Flying A Criminal Offense

    U.S. Sen. Barbara Boxer introduced a bill Wednesday that would make flying a drone in unauthorized airspace a misdemeanor, according to a statement from her office.

  • October 8, 2015

    Deere Faced Off-Limits Arguments In IP Trial, Fed. Circ. Told

    John Deere Inc. wants a Federal Circuit panel to put several rivals back on trial in a $16 million mower patent infringement row, saying Thursday the trial judge ignored objections about the defendants introducing new arguments.

  • October 8, 2015

    Deals Rumor Mill: Valentino Fashion Group, Sony, Dell

    The owners of Valentino Fashion Group SpA are targeting a $2.26 billion initial public offering for the Italian luxury goods maker, Sony Corp. is looking to sell its half of Sony/ATV Music Publishing LLC and Dell Inc. is in talks to buy EMC Corp.

  • October 8, 2015

    Fed. Circ. Wrestles With Abstraction In Network Patent Case

    A Federal Circuit panel on Thursday grappled with the concept of abstraction under the U.S. Supreme Court’s Alice standard for patent eligibility, hearing arguments from an Internet data company that a judge wrongly invalidated its network accounting patents after having previously found they used a concrete implementation.

  • October 8, 2015

    Jury Awards $5M Verdict In Closed-Caption Phone Patent Row

    A jury granted Ultratec Inc. a $5.4 million damages judgment for intellectual property infringement in Wisconsin federal court Wednesday, days after rejecting Sorenson Communications Inc.'s argument that three claims in a closed-captioned telephone system patent were obvious.

  • October 8, 2015

    Verizon Says Personal Info Won't Be Shared In AOL Ads

    Verizon Communications Inc. on Wednesday detailed changes to its advertising programs, which will integrate its controversial “supercookie” program that tracks users across devices with AOL Inc.’s advertising network, saying that no personally identifiable information will be transmitted.

  • October 8, 2015

    CRT Purchasers Call Price-Fixing Deal, Atty Fees Unfair

    Indirect purchasers in massive multidistrict litigation alleging price-fixing by cathode ray tube manufacturers have objected to a $577 million case settlement and a request by their lead counsel for a fee award of 33 percent of the settlement, arguing the deal is unfair and the fees excessive.

  • October 8, 2015

    LightSquared Bankruptcy Curb On Ergen Too Broad

    A New York federal judge vacated a Chapter 11 injunction restraining Dish Network Corp. Chairman Charlie Ergen from interfering with the affairs of reorganizing LightSquared Inc., finding Wednesday that the prohibition under the broader plan covered too much ground. 

  • October 7, 2015

    Late Changes In Oracle Patent Suit Rejected By Judge

    The California federal judge overseeing software maker Thought Inc.’s case accusing Oracle of infringing a patent on database technology on Wednesday struck down allegations recently added to the suit by both parties, saying they each waited too long to make their new claims.

  • October 7, 2015

    Apple, Facebook Beat Data Processing, Storage Patent Suits

    A California federal judge on Tuesday dismissed patent infringement claims against Facebook Inc., Apple Inc., Yelp Inc. and a group of other tech giants, holding the plaintiff’s two disputed patents claimed abstract ideas regarding data management that are non-patentable.

  • October 7, 2015

    Hedge Fund Gets PTAB To Eye VirnetX Patents In Apple Case

    A hedge fund persuaded the Patent Trial and Appeal Board on Wednesday to review two VirnetX network security patents that Apple has been found to infringe, as the board rejected VirnetX's argument that the fund's petitions should be denied as an improper attempt to manipulate its stock price.

  • October 7, 2015

    Microsoft Flags EU Data Pact's Demise In Fight Over Warrant

    Microsoft Corp. urged the Second Circuit on Tuesday to take into account a European court’s invalidation of the safe harbor data transfer scheme and a recent U.S. Senate hearing on electronic privacy laws when deciding whether to allow the government to access consumer data stored overseas.

  • October 7, 2015

    Calif. Gov. Signs Bill Addressing Smart TV Privacy Concerns

    California Gov. Jerry Brown announced on Tuesday that he had signed into law a bill requiring that smart-TV makers ensure voice-recognition features can’t be enabled without consumers' consent and barring them from using recorded conversations for advertisement purposes.

Expert Analysis

  • Hitachi Underscores Need For Robust FCPA Due Diligence

    Mark Mendelsohn

    A recent action against Hitachi Ltd. is further evidence of the U.S. Securities and Exchange Commission’s ability to use its expansive reach under the Foreign Corrupt Practices Act’s accounting provisions to police bribery and bribery-related conduct that it may not be able to reach under the anti-bribery provisions, say attorneys with Paul Weiss Rifkind Wharton & Garrison LLP.

  • Potential 3-D Printing Pitfalls For Retailers

    Jennifer B. Furey

    3-D printing — once a seemingly futuristic method of manufacturing objects — is now steadily moving from high-tech labs into the mainstream, with major retailers like UPS and Staples creating brick-and-mortar locations for 3-D printing. But as with any new technology, 3-D printing raises a host of intellectual property and product liability concerns, say Jennifer Furey and Alana Van der Mude at Goulston & Storrs PC.

  • Want A Preliminary Injunction? Show The Value Of Your Patent

    Nikola Datzov

    In what appears to be the first decision from the District of Minnesota with a developed analysis on the subject, Judge Ann. D. Montgomery recently — a mere 22 days before Apple v. Samsung — denied Rudolph Technologies’ motion to preliminarily enjoin the sale of an infringing device because the patentee failed to show a sufficient nexus between the allegedly infringing technology and lost sales, says Nikola Datzov of Fredrikson & Byron PA.

  • EU Safe Harbor Not So Safe — What Now?

    Susan L. Foster

    The European Union's highest court has declared the U.S.-EU data transfer safe harbor completely invalid. But even if your company relied exclusively on the safe harbor as the basis for its transfer of personal data from the EU to the U.S., not all hope is lost, say Susan Foster and Cynthia Larose at Mintz Levin Cohn Ferris Glovsky and Popeo PC.

  • The Misuse Of Patent Citation Analysis In Finjan V. Blue Coat

    Alan Cox

    The successful Daubert motion directed against the use of patent citation analysis by the plaintiff’s damages expert in Finjan v. Blue Coat in a California federal court provides another example of a court’s criticism of errors in application rather than of the methodology itself, say Alan Cox and Nadia Soboleva of NERA Economic Consulting.

  • 5 Things Clients Never Tell Their Lawyers


    Given the times we live in, it is almost inevitable that everyone will, sooner or later, need to consult with legal counsel. With that in mind, I thought it might be interesting to discuss a few things that clients just won't tell their lawyers, says Francis Drelling, general counsel of Specialty Restaurants Corp.

  • Rebutting 101 Rejections Asserting 'Idea Of Itself': Part 3

    Brian J. Emfinger

    Brian Emfinger of Banner & Witcoff Ltd. reviews the decisions in which courts have found various concepts to be abstract ideas, specifically concepts that fall into the category of “an idea of itself.”

  • Another Privacy Victory For Video Service Providers

    Alysa Hutnik

    The Ninth Circuit's recent ruling in Rodriguez v. Sony Computer Entertainment America LLC is in line with the trend of courts limiting streaming media companies' liability under the Video Privacy Protection Act — a trend becoming increasingly important to companies’ bottom lines, say Alysa Hutnik and Robyn Mohr of Kelley Drye & Warren LLP.

  • Privacy Risk Considerations In Health Care IT Investments

    Erin Whaley

    By whatever name you call it — health information technology, digital health, mobile health, telehealth — there is a lot of private equity and venture capital money flowing to this space. But to help mitigate the risk of your health IT investment becoming a headline, it is imperative that you carefully examine your target’s privacy and security practices, says Erin Whaley of Troutman Sanders LLP.

  • Rebutting 101 Rejections Asserting 'Idea Of Itself': Part 2

    Brian J. Emfinger

    A response strategy in view of a new guideline suggesting that examiners should not identify a claimed concept as an abstract idea “unless it is similar to at least one concept that the courts have identified as an abstract idea" involves distinguishing pending claims from those in the cases discussing the asserted abstract concepts, and explaining why the reasoning employed by the courts in those cases does not apply, says Brian E... (continued)