• September 4, 2015

    Financial Software Co.’s DHS Contract Suit Nixed

    A Federal Claims judge has rejected Savantage Financial Services Inc.’s arguments that U.S. Department of Homeland Security agencies were wrong to switch to a rival financial management software provider without putting the contract out for bid, according to a decision published Thursday.

  • September 4, 2015

    Motorola Wants $10M Verdict Axed In Fujifilm Patent Suit

    Motorola Mobility LLC urged a California federal judge Thursday to undo a jury’s May decision that it owed Fujifilm Corp. more than $10 million for infringing a patent on converting digital photos to monochrome, arguing there is no evidence to support the verdict.

  • September 4, 2015

    Whistleblower Urges 3rd Circ. To Revive Tyco SOX Suit

    A former longtime accountant at Tyco Electronics Corp. asked the Third Circuit on Thursday to revive a wrongful termination suit brought under the Sarbanes-Oxley Act that contends he was fired for reporting improper expenditures, saying issues of fact persist that should be decided by a jury, not a judge.

  • September 4, 2015

    Sprint, Others Get Media ‘Translator’ Patent Axed Under Alice

    A Delaware federal judge on Wednesday tossed a patent infringement suit against Sprint Corp., T-Mobile US Inc. and other carriers for using a method of sending communications between different types of media, ruling the technology is a “translator” and as such unpatentable under the U.S. Supreme Court’s Alice decision.

  • September 4, 2015

    BlackBerry Drops $425M On Calif. Mobile Security Co.

    BlackBerry Ltd. said Friday that it will drop $425 million in cash to acquire California-based mobile security company Good Technology, continuing an acquisitions spree with key buys of security- and privacy-focused assets.

  • September 4, 2015

    Gozi Virus Hacker Pleads Guilty To US Charges

    A Latvian hacker pled guilty in New York federal court on Friday to helping create the destructive Gozi computer virus, which infected more than one million computers worldwide, including some belonging to NASA.

  • September 4, 2015

    ITC To Review Garmin Fish-Finding Devices Determination

    An International Trade Commission judge's initial findings that Garmin International Inc. hadn't violated international trade laws by importing high-resolution sonar imaging devices that allegedly infringe three of Navico Inc.'s patents will be reviewed by the commission, according to a Thursday notice.

  • September 3, 2015

    DOJ Must Get Warrant To Track Cellphones, New Rule Says

    The U.S. Department of Justice on Thursday announced that it was implementing a new policy regarding the use of cell-site simulator technology that allows investigators to locate cellular devices, saying the changes will enhance transparency and increase privacy protections regarding how the data is collected and handled.

  • September 3, 2015

    Carnegie Mellon Wants Record $1.5B Patent Award Reheard

    Carnegie Mellon University, in a bid to win back a record $1.54 billion judgment it won against Marvell Technology Group Ltd. in a disk drive patent suit, urged the Federal Circuit to rehear the case en banc after the court slashed the award to $278 million.

  • September 3, 2015

    Wash. High Court Says CDA Doesn't Protect

    The Washington Supreme Court said Thursday it would not dismiss a lawsuit brought by three minor women who claim they were raped by customers of and allege the site designs its advertising content to facilitate sex trafficking, denying the website immunity under the federal Communications Decency Act.

  • September 3, 2015

    Fujitsu Unit Gets $2.5M IP Jury Win Upheld, $1.5M In Fees

    A California state judge has affirmed a jury award of about $2.5 million in damages to Fujitsu Ltd. subsidiary Glovia International Inc. over an Actuant Corp. unit’s allegedly unauthorized use of software, and also awarded it $1.5 million in fees and costs.

  • September 3, 2015

    Deals Rumor Mill: Hewlett-Packard, Petco, Charterhouse

    Hewlett-Packard Co. is mulling a potential sale for TippingPoint, Petco Holdings Inc. is lining up sale talks with private equity firms even as it charts course for an initial public offering and U.K. buyout firm Charterhouse Capital Partners LLP looks to sell its stake in call center business Webhelp.

  • September 3, 2015

    Sen. Flags Possible Changes To Criticized Anti-Hacking Law

    Sen. John Thune, R-S.D., signaled Thursday that the Senate may explore changes to the much-criticized Computer Fraud and Abuse Act, after cybersecurity experts argued restrictions in the bill were hampering researchers’ efforts to find and report digital security holes.

  • September 3, 2015

    Real Estate Rumors: Prudential, Alexander Wang, Stats

    Prudential Real Estate Advisors has reportedly dropped $165 million on an Apple-leased campus in California, designer Alexander Wang is in talks to lease 75,000 square feet in New York, and sports data firm Stats is in discussions to lease 70,000 square feet in Chicago.

  • September 3, 2015

    Latham, Sheppard Mullin Steer $400M Semiconductor Deal

    Semiconductor supplier Diodes Inc. said Thursday it has agreed to buy Silicon Valley-based Pericom Semiconductor Corp. for about $400 million in a deal guided by Sheppard Mullin Richter & Hampton LLP and Latham & Watkins LLP that it says will boost its product offerings.

  • September 3, 2015

    Squire, Sidley Dodge Sanctions In $124M Trade Secrets Row

    A California state judge declined Thursday to toss a $124 million trade secrets suit brought by Grail Semiconductor Co. against Mitsubishi Electric & Electronics USA Inc., but refused to impose sanctions on Mitsubishi and its counsel at Squire Patton Boggs LLP and Sidley Austin LLP, holding she couldn’t discern whether false statements were made at trial.

  • September 3, 2015

    Alleged Ponzi Schemer Indicted For Lying During SEC Probe

    A Utah man was charged with lying and obstructing justice in an ongoing U.S. Securities and Exchange Commission investigation over an alleged Ponzi scheme in which he promised returns of more than 100 percent by day trading Apple Inc. stock, the agency said on Wednesday.

  • September 3, 2015

    PTAB Sinks Google AIA Petitions Over Faulty Prior Art

    The Patent Trial and Appeal Board on Wednesday rejected Google Inc.'s requests for an America Invents Act review of a patent covering pictorial representations of space-related data, such as geographical representations of the Earth, saying the prior art cited by the company could not be used to invalidate the patent.

  • September 3, 2015

    ITC Issues Exclusion Order In Toner Cartridge Investigation

    The U.S. International Trade Commission has issued a general exclusion order barring entry of certain toner cartridges and components accused of infringing patents held by Canon Inc., wrapping up a more than yearlong investigation.

  • September 3, 2015

    YouTube Network, FTC Reach Deal In Paid-Endorsements Row

    One of YouTube LLC's biggest multichannel networks has settled deceptive-advertising charges by the Federal Trade Commission, which claimed it paid influential publishers to post videos endorsing Microsoft Inc.’s Xbox One system, the agency said Wednesday.

Expert Analysis

  • An Opportunity To Change TM Registration For Outdated Tech

    Dickerson Downing

    The U.S. Patent and Trademark Office's new pilot program permitting the amendment of trademark registrations, in limited circumstances, to reflect evolving technology should encourage trademark owners to dust off and review their portfolios to see if they own any floppy disk or video cassette registrations, says Dickerson Downing of Downing IP Law.

  • Welcome To The 'Wild West' Of Calif. Class Actions, Uber

    Daniel H. Handman

    The most unavoidable takeaway of O'Connor v. Uber Technologies Inc. is that independent contractor analysis really is the "Wild West" in California. While the central factor in these types of wage-and-hour cases is the level of "control" exerted by the employer, how one measures that is entirely subjective, say Daniel Handman and Derek Ishikawa of Hirschfeld Kraemer LLP.

  • RESPONSE TO REJOINDER: Clearing Up The Confusion

    Michael J. Chapman

    Following our recent Law360 guest column on reasonable royalty damages and Good Technology Corporation v. MobileIron Inc., we wish to clarify our position on the meaning of “incremental benefits,” the relevance of incremental benefits for the determination of reasonable royalty damages and the wisdom of using Daubert challenges to exclude damages assessments based on an incremental benefits analysis, say Michael Chapman and John Ja... (continued)

  • Patent Invalidity Rates: The Summertime Blues Continue

    Robert Sachs

    In just the first 10 days of July, there were 12 federal court decisions on patent eligibility under Section 101. By the end of July there were 21 decisions, with 17 — 81 percent — invalidating 36 patents, says Robert Sachs of Fenwick & West LLP.

  • Update On Bargaining Theory In Hypothetical Negotiations


    Until recently, some uncertainty existed as to whether the use of bargaining theory was a permissible approach to modeling the hypothetical negotiations appearing in intellectual property litigation. A recent ruling by a Texas federal court, however, provides new insight into the standards applied by the Federal Circuit in determining whether a bargaining model is admissible, say Jeffrey Klenk and Richard Higgins of Berkeley Research Group LLC.

  • The Tension Between Corporate Opportunity And Innovation

    Michael W. Peregrine

    In AngioScore v. TriReme Medical the district court for the Northern District of California articulates the principles of the corporate opportunity doctrine in a manner that should serve as a valuable resource for general counsel to life sciences companies, academic medical centers and other entities that often seek to commercialize health-related technology, says Michael Peregrine at McDermott Will & Emery LLP.

  • 9th Circ. Microsoft FRAND Ruling Ignores Ericsson

    J. Gregory Sidak

    Commentators have overlooked the larger implication of the recent Microsoft Corp. v. Motorola Inc. opinion — the Ninth Circuit has managed to create a circuit split with the far more experienced Federal Circuit concerning the principles for determining a reasonable and nondiscriminatory royalty articulated last year in Ericsson Inc. v. D‑Link Systems Inc., says Gregory Sidak, chairman of Criterion Economics LLC.

  • Are Amazon's Workplace Practices Abnormal Or Abusive?

    James B. Shrimp

    While Inc. employees may think it unfair, there is nothing per se unlawful about requiring employees to work long hours and log in during vacation or asking employees to report poor performance by co-workers, even if it is arguably terrible for workplace morale, says James Shrimp of High Swartz LLP.

  • A Rock And A Hard Place: US Discovery And Chinese Law

    Amiad Kushner

    Chinese companies increasingly find themselves embroiled in litigation in U.S. courts, which can pose unique dilemmas, especially in the realms of discovery and jurisdiction, for even the most sophisticated Chinese companies — as illustrated in the recent Southern District of New York decision Vring Inc. v. ZTE Corp., say Amiad Kushner and Jae Zhou at Lowenstein Sandler LLP.

  • Using Patents To Secure Repeat Customers

    Andrea Merin

    The aftermarket for consumable products — e.g., disposable printer cartridges, razor cartridges, single-serving coffee pods — can be significant and oftentimes more profitable than the sales of the corresponding base products. The high profit margins, however, create an incentive for generic imitations. Fortunately, patent protection can help deter competitors, say Larry Green and Andrea Merin of Wolf Greenfield & Sacks PC.