• October 6, 2015

    Demise Of Int'l Data Sharing Pact Opens New Liability Frontier

    The European Court of Justice's Tuesday ruling invalidating the safe harbor agreement that enabled data transfers between the U.S. and European Union opens companies on both sides of the Atlantic up to increased scrutiny from EU regulators, who will be pushed harder by consumers to protect data that flows across the regions, attorneys say.

  • October 6, 2015

    Marvell, CMU Trade Barbs Over $1.5B Fed. Circ. IP Case

    Carnegie Mellon University and Marvell Technology Group Ltd. responded Monday to each other's requests that Federal Circuit rethink portions of its decision to slice a $1.54 billion trial judgment in their disk drive patent suit to about $278 million, with each side urging the court to reject the other's contentions.

  • October 6, 2015

    Apple 'Own Worst Enemy' In Antitrust Review, Monitor Says

    The court-appointed monitor in the Apple e-book price-fixing suit said Tuesday that the tech giant has made considerable improvement in implementing its antitrust compliance program over the past six months, but that the company continued to resist requests for information, in some cases apparently for no good reason.

  • October 6, 2015

    MedTel24 In Contempt Of Heart Monitor Patent Order

    MedTel24 Inc. has been found in contempt after a Pennsylvania federal judge said the heart monitoring company clearly violated his order in a patent suit and is still using the infringing software.

  • October 6, 2015

    Google Patent Case In London Shows NPEs Looking Overseas

    A patent suit against Google and Samsung by licensing firm Unwired Planet went to trial this week in London, and attorneys say that while nonpracticing entity cases are fairly rare in Europe and face hurdles, overseas venues could become more popular amid a clampdown on such suits in the United States.

  • October 6, 2015

    IBM Can't Duck Ex-Employee's Suit Over Vacation Wages

    A California federal judge on Tuesday refused to dismiss a proposed class action accusing International Business Machines Corp. of stiffing workers on vacation pay when they left the company, saying she can't take IBM's word that the plaintiffs have misstated its vacation policies.

  • October 6, 2015

    Judge Axes Willfulness In Closed-Caption Phone Patent Row

    A Wisconsin federal judge ruled Tuesday that if Sorenson Communications Inc. infringed a closed-captioned telephone system patent held by Ultratec Inc., it did not do so willfully, a day after a jury rejected Sorenson's argument that the three claims at issue were obvious.

  • October 6, 2015

    Full Service Renews Push For Stronger FCC Enforcement

    A company that says a component of this year’s net neutrality ruling gives major Internet providers a free pass challenged the ruling again Monday in the D.C. Circuit, telling the court the Federal Communications Commission should not be allowed to waive enforcement of certain regulations designed to protect competition in telecommunications markets.

  • October 6, 2015

    Duane Morris Adds Attys From Bracewell & Giuliani, Venable

    A former Bracewell & Giuliani LLP transactional partner specializing in cross-border deals and a former Venable LLP special counsel focusing on compliance issues in private equity are joining the Washington, D.C., office of Duane Morris LLP, the firm announced Tuesday.

  • October 6, 2015

    Lending Startup ZestFinance Raises $150M From Fortress

    Early-stage financial technology company ZestFinance, which helps lenders predict credit risk in order to extend loans to subprime borrowers denied loans by traditional banks, said Tuesday it had raised $150 million from asset manager Fortress Investment Group LLC to expand its platform.

  • October 6, 2015

    FTC Fines Investor For Not Filing Merger Alert On Tech Buy

    Billionaire investor Len Blavatnik has agreed to pay $656,000 to settle allegations he violated antitrust laws by failing to report voting shares he acquired last year in TangoMe, a California technology startup, federal authorities said on Tuesday.

  • October 6, 2015

    Arent Fox Adds Ex-Kaye Scholer Tech Pro To Corporate Team

    Arent Fox LLP on Tuesday said that it has bolstered its corporate and securities practice in New York with a new partner who formerly worked for Kaye Scholer LLP and specializes in technology transactions and intellectual property.

  • October 6, 2015

    SEC Hits Former OCZ CEO With Accounting Fraud Suit

    Federal securities regulators filed suit in California federal court on Tuesday against the former chief executive of OCZ Technology Group, accusing him of conducting a scheme to artificially inflate the computer hardware maker’s financial results.

  • October 6, 2015

    VA Has Discretion In Vet Contract Awards, Justices Told

    The U.S. Department of Veterans Affairs properly adheres to a law advocating contract awards to veteran-owned and service-disabled-veteran-owned small businesses, the government has told the U.S. Supreme Court, refuting a contractor's contention that the agency lacks discretion once participation goals are met.

  • October 6, 2015

    Apple Supplier To Buy PMC-Sierra In $2B All-Cash Deal

    Semiconductor manufacturer Skyworks Solutions has snapped up California-based chipmaker PMC-Sierra Inc. for $2 billion in cash, the company said Monday.

  • October 6, 2015

    Real Estate Rumors: Tishman Speyer, Salesforce, Simpson

    Tishman Speyer is buzzed to have paid out $25 million to complete its Hudson Yards area assemblage, while Salesforce is reportedly close to inking a massive sublease deal in Manhattan and Simpson Property Group is said to have picked up an $85 million Denver apartment complex.

  • October 6, 2015

    Transatlantic Data Sharing Pact Invalidated By EU High Court

    Europe's highest court ruled Tuesday that the safe harbor pact enabling transatlantic data transfers between the U.S. and European Union should be struck down, agreeing with its top legal adviser in finding that the deal fails to provide an adequate level of protection for EU citizens' data.

  • October 5, 2015

    High Court Lets Stand Apple Smartphone IP Win

    The U.S. Supreme Court declined on Monday to hear a challenge by a company formed by Sony and Nokia to a Federal Circuit decision overturning jury verdicts against Apple in a smartphone patent infringement case.

  • October 5, 2015

    Justices Won't Review Halo Patents In Willfulness Fight

    The U.S. Supreme Court refused Monday to consider Pulse Electronics' cross-petition asking the justices to review the validity of three Halo Electronics patents in the event they grant a certiorari petition from Halo, which is challenging a ruling in the underlying suit that cleared Pulse of willful infringement.

  • October 5, 2015

    Google, Amazon Lose Bid To Invalidate ContentGuard patents

    U.S. District Judge Rodney Gilstrap on Monday rejected Google and's motion to invalidate several ContentGuard Holdings Inc. digital rights management patents they were accused of infringing, affirming an earlier order in the feud where Samsung and Google scored a trial victory last month.

Expert Analysis

  • 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)

  • A Case Study On How To Decertify Common Defect Classes

    Emily L. Pincow

    The arguments the U.S. District Court for the Northern District of Texas accepted in Shane Galitsky v. Samsung Telecommunications America LLC when denying certification of a class of California smartphone consumers may also be applicable in other consumer class actions attempting to certify a class on the basis of a common defect, says Emily Pincow of Weil Gotshal & Manges LLP.

  • Disclosure-Only Settlements Face Continued Scrutiny

    Israel Dahan

    Vice Chancellor Sam Glasscock, in a stockholder case related to Riverbed Technology's go-private deal, recently expressed serious reservations about the broad releases provided to Riverbed’s directors in exchange for enhanced disclosures. This and other recent rulings highlight the Delaware Chancery Court’s efforts to ensure that meritorious merger challenges are litigated, say attorneys with King & Spalding LLP.

  • Rebutting 101 Rejections Asserting 'Idea Of Itself': Part 1

    Brian J. Emfinger

    Courts have recognized four categories of abstract ideas that include "an idea 'of itself.'" Some of the concepts previously held to be patent-ineligible abstract ideas are more specific while others are much broader, and one can easily envision an examiner citing to one of these broad concepts to support a rejection under Section 101, particularly with respect to computer- and software-implemented innovations, says Brian Emfinger ... (continued)

  • Inside National Futures Association Cybersecurity Guidance

    Heather Egan Sussman

    New cybersecurity guidance proposed by the National Futures Association is particularly noteworthy for firms that are not currently subject to the cybersecurity rules set forth by the U.S. Securities and Exchange Commission and the Financial Industry Regulatory Authority, say attorneys with Ropes & Gray LLP.

  • Current Capacitor Investigation May Be Tip Of Large Iceberg

    Robert Connolly

    The Antitrust Division’s grand jury investigation of the massive capacitors industry had been relatively quiet until the U.S. Department of Justice's recent announcement of criminal charges against NEC Tokin Corp. The first guilty plea changes the question from "Was there a capacitor cartel?" to "How deep does this go?” says Robert Connolly, a partner with GeyerGorey LLP and former chief of the Antitrust Division’s Philadelphia field office.