• September 2, 2014

    Aereo Says It Qualifies For IP License After High Court Loss

    Aereo Inc. fought back Tuesday against ABC Inc. and other television networks’ efforts to stop it from streaming video after its defeat at the U.S. Supreme Court, telling a New York federal judge the high court intended for Aereo to qualify for the compulsory copyright license available to cable providers.

  • September 2, 2014

    Sham Plaintiff Dooms Startup's IP, Trade Secrets Suit

    A California federal judge on Tuesday tossed e-commerce startup Indiezone Inc.'s copyright infringement and trade secrets suit against a pair of former officers, slamming the company for conjuring up a sham company to use as a plaintiff in an attempt to skirt an arbitration agreement.

  • September 2, 2014

    'Patent Troll' Can't Duck Vt. AG's Consumer Protection Suit

    A state court judge has refused to nix the Vermont Attorney General’s consumer protection suit against so-called patent troll MPHJ Technology Investments LLC, finding that MPHJ’s minimum contacts with the state and the suit's citizen protection goal were enough to establish jurisdiction.

  • September 2, 2014

    Radar Patent Nixed In 1st AIA Review With Live Testimony

    The first-ever live testimony given by an inventor in an America Invents Act review has failed to save an Escort Inc. radar detector patent from being invalidated, as the Patent Trial and Appeal Board has ruled that the patent is obvious and anticipated.

  • September 2, 2014

    7th Circ. Nixes En Banc Bid In Motorola Price-Fix Appeal

    The Seventh Circuit on Tuesday denied Motorola Mobility LLC's request for an en banc review of whether a motion panel was within its bounds in blocking nearly $3.5 billion in antitrust claims over mobile devices containing allegedly price-fixed liquid crystal display panels bought by Motorola's foreign subsidiaries.

  • September 2, 2014

    Ga. Says It Can't Tax Internet Access Even If ITFA Expires

    The Georgia Department of Revenue said in a recent social policy bulletin it won't tax Internet access if the federal Internet Tax Freedom Act's moratorium expires, noting that it has no authority under state law.

  • September 2, 2014

    Veris Group Adds Ex-GSA Cloud Cybersecurity Chief

    Cybersecurity firm Veris Group LLC said Tuesday that it has hired a longtime public servant who retired from the General Services Administration after spearheading technology initiatives like the federal program for vetting contractors seeking to sell cloud computing services to the government.

  • September 2, 2014

    Blockbuster $20B Alibaba IPO May Launch As Soon As Sept. 8

    The potentially record-breaking initial public offering of Chinese Internet titan Alibaba Group Holding Ltd., which could raise upward of $20 billion, may be set to launch as early as next Tuesday, according to reports that first surfaced over the weekend.

  • September 2, 2014

    USPTO Urged To Review Computer Security Patent Claims

    Unified Patents Inc., a company that challenges patents asserted by nonpracticing entities, filed a petition Friday with the U.S. Patent and Trademark Office for review of a patent pertaining to computer security technology that was previously asserted against about 30 tech companies.

  • September 2, 2014

    Cisco Loses Review Bid For Channel Management Patent

    Cisco Systems Inc. has lost a bid to have a channel management patent owned by C-Cation Technologies LLC subjected to inter partes review, with a U.S. Patent and Trademark Office appeal board finding the company hadn’t shown a likelihood of prevailing on its claims of anticipation and obviousness.

  • September 2, 2014

    Apple Probes 'Very Targeted' Leak Of Celeb Nude Photos

    Apple Inc. said Tuesday that hackers who accessed celebrity iCloud accounts, and then publicly posted nude photos of stars including actress Jennifer Lawrence and model Kate Upton, gained access to the accounts with a "very targeted attack" on the celebrities' user names and passwords.

  • September 2, 2014

    Freescale Owes $23M For Copying IP, MediaTek Tells Jury

    Freescale Semiconductor Inc. should pay $23.4 million in royalties for infringing three MediaTek Inc. patents on features in consumer-electronics chips, including chips Freescale sold to Amazon Inc. for its Kindles, MediaTek told a California federal jury Tuesday during opening statements in the rival semiconductor companies’ trial.

  • September 2, 2014

    5 Tips For Getting Software Patents Approved Post-Alice

    The U.S. Supreme Court's Alice Corp. decision barring patents on computer-implemented abstract ideas made it tougher to obtain patent protection for software inventions, but it is not impossible, attorneys say. Here, Law360 provides tips to boost the chances that a software patent will be approved.

  • September 2, 2014

    US Defends NSA Phone Surveillance Before 2nd Circ. Panel

    A U.S. government official on Tuesday defended the National Security Agency’s bulk collection of domestic phone records before a skeptical Second Circuit panel, arguing that the program has been approved by Congress and is needed to thwart possible terrorist attacks.

  • September 2, 2014

    McKool Smith Quits As Versata Counsel In $391M Patent Case

    Citing a conflict of interest, McKool Smith PC said Friday that it is withdrawing as counsel for Versata Development Group Inc. in a $391 million patent dispute with SAP America Inc., weeks before oral arguments in Versata's appeal of a decision that invalidated its patent.

  • September 2, 2014

    US Businesses Feel 'Targeted' By Chinese Regulators: Survey

    Companies pursuing business in China feel an inordinate amount of scrutiny from regulators there, according to a business group survey released Tuesday that prompted a Chinese official to defend the government's trade and investment regime, including its controversial anti-monopoly law.

  • September 2, 2014

    IP Suit Against Streaming Video Co. Nixed Under Limelight

    A California federal judge on Friday chucked a suit accusing video streaming company VUDU Inc. and co-defendant Digital Entertainment Content Ecosystem LLC of infringing on a digital rights patent, finding a lack of facts doomed the suit under the Supreme Court’s recent Limelight Networks ruling.

  • September 2, 2014

    Iliad Works On Fresh T-Mobile Bid After Spurned $15B Try

    Iliad SA, the French telecom firm that failed to win over T-Mobile US Inc. with a $15 billion offer, said Monday that it is still hoping for a slice of the wireless carrier as it cobbles together a sweetened bid, potentially alongside a private equity partner.

  • September 2, 2014

    EU Clears Telefonica Deutschland's €9B E-Plus Merger

    Telefonica Deutschland has received final approval from European regulators to buy the E-Plus Group for €8.6 billion ($11.2 billion), combining Germany's third- and fourth-largest telecom providers in a heavily scrutinized deal that required concessions to ease antitrust concerns.

  • September 2, 2014

    Compuware Agrees To $2.5B Sale After Lengthy Buyer Search

    Compuware Corp. will go private in a $2.5 billion deal with private equity firm Thoma Bravo, the pair said Tuesday, wrapping up a lengthy search for a buyer jump-started by activist investors urging the company to consider a sale.

Expert Analysis

  • Distracted Driving: Technology As A Double-Edged Sword

    Joshua L. Becker

    Vehicle manufacturers and lawmakers alike have been making efforts to reduce the number of automobile accidents caused by distracted driving. Interestingly, technology can both contribute to distracted driving and offer solutions that help mitigate it, say Joshua Becker and Bradley Strickland of Alston & Bird LLP.

  • 5 Reasons Large Companies Are Turning To Boutique Firms

    David M. Levine

    The departure of attorneys from large firms is a trend that has increased as a result of the Great Recession and its aftermath, and boutique firm partners who previously worked at large firms understand the potential large-firm pitfalls, say attorneys with Levine Kellogg Lehman Schneider & Grossman LLP.

  • How To Protect In-House Legal Privilege Internationally

    Martje Verhoeven-de Vries Lentsch

    Many companies regularly communicate with in-house legal advisers all over the globe. Are these communications privileged? By answering five questions, companies and attorneys can perform a high-level, initial assessment of legal privilege protection in a multijurisdictional context, says Martje Verhoeven-de Vries Lentsch of De Brauw Blackstone Westbroek and Haynes and Boone LLP.

  • Perils Of Communicating With Customers By Phone Or Text

    Given the large number of calls that can be made electronically, damages for Telephone Consumer Protection Act violations can run into the millions. In this short video, Sutherland partner Lewis Wiener discusses the TCPA and how businesses that communicate with customers by phone or text may be impacted.

  • The 8 Gotchas Of Technology Contracting: Part 2

     Craig Auge

    Contracts for providing and obtaining technology establish important, often long-term relationships. When they involve mission-critical products and services, the impact of a flawed contract can be devastating, says Craig Auge of Vorys Sater Seymour and Pease LLP.

  • 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.