• January 30, 2015

    OCZ Trustee And Ex-Brass Spar Over Investigation

    Both sides of a dispute in Delaware bankruptcy court over the liquidation trustee for OCZ Technology Group Inc.'s estate’s investigation into whether there are claims for creditors stemming from settlements in California with the company’s former brass accused the other Friday of flouting judicial rules.

  • January 30, 2015

    OmniVision Investors Get $12M In Apple Supplier Status Row

    A California federal judge on Friday preliminarily approved a $12.5 million settlement with a class of shareholders claiming OmniVision Technologies Inc. misled them into believing it was maintaining its exclusive position supplying image sensors for Apple Inc.'s iPhone 4s.

  • January 30, 2015

    Brand Battles: 'Star Wars,' 7-Eleven, Red Bull

    In Law360's latest roundup of new actions at the Trademark Trial and Appeal Board, a hologram technology company with a name linked to "Star Wars" gets targeted by Disney's Lucasfilm, 7-Eleven is tripped up by a small company's trademarks on coffee, and Red Bull thinks consumers will be confused by "ox" trademarks.

  • January 30, 2015

    USPTO Tells Justices 'Good Faith' Defense Harms Patents

    The U.S. Patent and Trademark Office and several companies have urged the U.S. Supreme Court to throw out the Federal Circuit's ruling that a good-faith belief that a patent is invalid can serve as a defense to induced infringement, saying it threatens to undermine patent rights.

  • January 30, 2015

    Intellectual Ventures Escapes AIA Review Bid From JPMorgan

    The U.S. Patent Trial and Appeal Board denied a petition Thursday for an America Invents Act business method of review of an Intellectual Ventures II LLC patent on encryption technology that JPMorgan Chase Bank is accused of infringing, saying the bank had failed to meet the jurisdictional requirements.

  • January 30, 2015

    Market Rumors: Alibaba, 1MBD, GFI Group

    Alibaba's financial arm, worth an estimated $50 billion, is mulling an initial public offering, while Malaysia's second-richest man might be the key to helping state investor 1MDB move forward with its $3 billion IPO.

  • January 30, 2015

    Fla. Judge Grants Apple Transfer In Photo Sharing IP Suit

    A Florida federal judge on Friday granted Apple Inc.'s request to transfer a suit claiming infringement of a patent for mobile photo sharing technology to the Northern District of California, finding that the case's “center of gravity” is located there and that court is better suited for the dispute.

  • January 30, 2015

    SAP Says PTAB Ruling Can't Save Invalidated Versata Patent

    SAP America Inc. has urged the Federal Circuit to reject Versata Development Group Inc.'s claim that a recent Patent Trial and Appeal Board ruling proves a Versata patent was wrongly invalidated under the America Invents Act's business method patent review program, saying the ruling means just the opposite.

  • January 30, 2015

    DOJ Drops 9th Circ. Appeal In Patriot Act FOIA Dispute

    The Electronic Frontier Foundation on Thursday said the U.S. Department of Justice dropped its Ninth Circuit appeal in a Freedom of Information Act dispute over a secret legal interpretation of a section of the Patriot Act, teeing up the release of an unpublished opinion on census data access by law enforcement and intelligence agencies. 

  • January 30, 2015

    Coupa Can't Ditch Rival Ariba's Trade-Secret Theft Claims

    A California state judge on Friday refused to throw out e-procurement company Ariba Inc.'s trade-secret misappropriation case against rival Coupa Software Inc., saying Coupa failed to show that the new claims are time-barred by Ariba's trade-secrets suit against a former employee in 2010.

  • January 30, 2015

    Google To Overhaul Privacy Policy In Response To UK Probe

    Google Inc. has agreed to further adjust its privacy policy in the U.K. to be clearer about its data collection practices, the U.K. data protection authority said Friday, marking the latest European enforcement action tied to the company's controversial privacy policy changes.

  • January 30, 2015

    TPG, Apax Shed Much Of $1.1B Hellas Clawback Suit

    A New York bankruptcy judge on Thursday trimmed a lawsuit alleging TPG Capital and Apax Partners LLP milked $1.1 billion from Hellas Telecommunications (Luxembourg) II SCA before its insolvency, limiting potential clawback liability to the firms’ U.S.-based investment funds.

  • January 30, 2015

    Phoenix Payment Gets Nod For Ch. 11 Disclosure Statement

    A Delaware bankruptcy judge blessed Phoenix Payment Systems Inc.'s disclosure statement on Friday, allowing the card transaction processor to solicit creditor votes for a Chapter 11 plan designed to dole out proceeds from the company's $50 million sale.

  • January 30, 2015

    Sens. To Probe Verizon Over Supercookie Tracking

    Senate lawmakers are launching an investigation of Verizon Communications Inc.’s use of a controversial tracking technology known as supercookies, and are demanding to know what actions the company plans to take to protect consumer privacy.

  • January 30, 2015

    Chipmaker Can't Nix Claims It Misled Investors Before Offering

    A California district judge on Thursday refused to toss a securities class action alleging chipmaker Montage Technology Group Ltd. misled investors ahead of a stock offering last year, saying Montage failed to prove the claims against it should be dismissed.

  • January 30, 2015

    9th Circ. Won't Rehear AUO's $500M LCD Antitrust Appeal

    The Ninth Circuit on Friday declined to rehear AU Optronics Corp.’s appeal of a $500 million price-fixing fine levied against the liquid crystal display producer, rejecting the LCD maker’s challenge in an antitrust suit that also earned prison sentences for two former top executives.

  • January 30, 2015

    Full Fed. Circ. Could Restrict ITC's Patent Authority

    The full Federal Circuit will hear arguments Thursday in a case that attorneys say could shut the doors of the U.S. International Trade Commission to many suits involving software and other method patents, as the court weighs whether the commission can hear induced infringement cases.

  • January 30, 2015

    Tech Giants Back Cisco Fed. Circ. Appeal In $16M Wi-Fi Row

    Apple Inc., Intel Corp. and others urged the Federal Circuit to vacate a $16 million damages award that a Texas federal judge ordered Cisco Systems Inc. to pay for violating a Wi-Fi patent belonging to an Australian national research agency, saying the judge used a flawed methodology to arrive at that figure.

  • January 30, 2015

    Taxation With Representation: Skadden, Wachtell, Davis Polk

    In this week’s Taxation With Representation, a Skadden Arps Slate Meagher & Flom LLP attorney assists Yahoo Inc. with a storied tax-free spinoff of its Alibaba stake while other firms assist with some massive mergers and acquisitions in the reinsurance and midstream oil and gas sectors.

  • January 29, 2015

    Sony Coverage Denial Was Right Call, Insurance Groups Say

    A pair of insurance industry groups on Wednesday urged a New York appellate court to uphold a lower court's groundbreaking decision to free two insurers from covering the infamous PlayStation Network data breach, contending that a ruling in Sony's favor would conflict with longstanding legal precedent.

Expert Analysis

  • Thoughts On Consolidating Federal And State Antitrust Cases

    Jason Murray

    Consolidation of federal- and state-based antitrust cases can promote judicial efficiency in an overburdened system, but these opportunities also jeopardize constitutional due process rights, say attorneys with Crowell & Moring LLP.

  • A General Counsel's Top 10 Tips On Calif. Wage-And-Hour Law

    Francis M. Drelling

    California is a great place to live, but it can be a challenging place to do business, with one of the biggest challenges being the multitude of wage-and-hour class actions filed each day. I never had a "starter kit" when I first began my in-house practice, but I certainly wish someone had given me one, says Francis Drelling, general counsel with Specialty Restaurants Corp.

  • Exploring The Nondiscriminatory Aspect Of RAND Licensing

    Edward Gold

    The challenge of determining royalty rates and other licensing terms for standard-essential patents that can be accepted as reasonable and nondiscriminatory has recently come into sharper focus. But despite the recent court decisions, no formal definitions of “nondiscriminatory” exist in the context of RAND, say Edward Gold and Scott Weingust of Stout Risius Ross Inc.

  • Key Questions When Selecting E-Discovery Vendors

    David Houlihan

    While e-discovery remains a critical pain point in litigation, the "solutions" supporting its processes continue to evolve. In order to help organizations navigate the sea of options, we conducted research with 21 organizations across e-discovery market segments to understand the factors involved in successful e-discovery investments, says David Houlihan of Blue Hill Research Inc.

  • A 1st Look At Potential Reach Of 2nd Circ. Newman Decision

    Harry Sandick

    A New York federal judge recently vacated previously accepted guilty pleas in U.S. v. Conradt, an insider trading prosecution brought under the “misappropriation” theory. There is now an increased likelihood that the Second Circuit’s decision in U.S. v. Newman will be read by other judges to apply to cases brought under both the classical and misappropriation theories, say attorneys with Patterson Belknap Webb & Tyler LLP.

  • The Trouble With Commil Is DSU

    Brian Coggio

    The Federal Circuit's decision in Commil USA LLC v. Cisco Systems extends DSU’s holding — that a good-faith belief in noninfringement negates the intent requirement of § 271(b) — to a good-faith belief in a patent’s invalidity. But it is not clear that, in the cases relied upon by DSU, an intent to induce actionable infringement is required in the first instance, say Brian Coggio and Ron Vogel of Fish & Richardson PC.

  • Invoice Intercepted: A New Form Of Wire Fraud

    Jeffrey Rosenfeld

    A new scam has arisen in a sordid line of wire fraud scams. What makes this email scheme particularly pernicious is that the victims often do not realize they have been scammed out of thousands of dollars until days, if not weeks, after the scam has occurred, after they have lost their money, and after the perpetrator is long gone, says Jeffrey Rosenfeld of Kronenberger Rosenfeld LLP.

  • When Scientific Research Becomes False Advertising

    Sandra Edelman

    Publicizing the results of scientific research in advertising or promotional material may enhance a company’s reputation or increase product sales, but it is important to do so carefully. The Fifth Circuit's recent decision in Eastman Chem. Co. v. PlastiPure Inc. demonstrates that the use of scientific research can lead to liability for false advertising under the Lanham Act, says Sandra Edelman of Dorsey & Whitney LLP.

  • China's Draft Foreign Investment Guidance Is Encouraging

    Woon-Wah Siu

    The draft of China's new Foreign Investment Guidance Catalogue lifts restrictions on foreign investment in dozens of service and general manufacture industries and would relax Chinese ownership requirements. Although foreign investors still would have to operate in some of these industries through Sino-foreign joint ventures, control by the Chinese partners would no longer be required, say Woon-Wah Siu and Liang Tao of Pillsbury Wi... (continued)

  • A Data Security Checklist For Companies Hiring Law Firms

    Jenn Topper

    We trust our law firms with huge amounts of data, whether in or out of discovery, investigations or litigation. All too often, we have relied on privilege, confidentiality and attorney ethics as a proxy for data protection and information security. But in fact, law firms ought to be held to a much more stringent standard — and in-house counsel would be wise to begin with a number of specific inquiries, says legal industry consultan... (continued)