• July 28, 2015

    Cybersecurity Pros Tell Pols To Tweak Terrorism Liability Law

    A pair of cybersecurity experts on Tuesday urged lawmakers to amend a law passed in the wake of 9/11 that provides liability protections to companies using U.S. Department of Homeland Security-certified products after a terrorist attack to make it clear that it also applies to cyberattacks.

  • July 28, 2015

    Real Estate Rumor Mill: Trump, Morgan Stanley, LinkedIn

    Donald Trump has reportedly sold a New York penthouse for $21 million, while Morgan Stanley is said to be selling its Australia real estate arm for more than $2.2 billion, and LinkedIn has reportedly dropped $9.5 million on a Sunnyvale, California, development site.

  • July 28, 2015

    Pet 'Treat Cam' Patent Suit Rightly Tossed, Fed. Circ. Says

    The Federal Circuit ruled Tuesday that a lower court correctly dismissed Petzilla Inc.'s lawsuit that sought a ruling it didn't flout a patent belonging to Anser Innovation LLC, a fellow startup in the field of technology that lets people video-chat with their pets and electronically give them an edible treat.

  • July 28, 2015

    Weil's Rising IP Star Moves To Durie Tangri

    Durie Tangri LLP has bolstered its intellectual property practice with a former Weil Gotshal & Manges LLP attorney who litigates high-stakes patent and technology disputes and made Law360’s Rising Star list of top IP lawyers under 40 earlier this year.

  • July 28, 2015

    Juniper Convinces PTAB To Nix 2 Brixham Network Patents

    The Patent Trial and Appeal Board on Monday upheld an America Invents Act challenge brought by Juniper Networks Inc. to two Brixham Solutions Ltd. patents covering network routing technology, finding they were proven obvious over prior art.

  • July 28, 2015

    UK Supreme Court To Hear Google Privacy Appeal

    The U.K. Supreme Court on Tuesday said that Google Inc. could appeal part of a lower court’s decision that the Internet giant harmed users of Apple Inc.'s Safari browser by collecting their information without permission and selling it to advertisers.

  • July 28, 2015

    CFPB Must Boost Database Security, IG Says

    The Inspector General of the U.S. Federal Reserve last week announced results of an audit into the security of the Consumer Financial Protection Bureau’s consumer complaint database, and recommended several additional safeguards.

  • July 28, 2015

    China To Investigate Monday's Stock Sell-Off Amid Rout

    Chinese securities regulators said Tuesday that they plan to investigate a stock selling frenzy on Monday that sent the country’s benchmark Shanghai Composite Index down by 8.5 percent, in the nation's market's biggest one-day drop in percentage terms since February 2007.

  • July 27, 2015

    Microsoft Word Copy-Pastes WordPerfect's IP, Corel Says

    Microsoft Corp. was hit with a patent infringement suit accusing the tech giant of copying features from Corel Software LLC’s WordPerfect program and including them in its popular Microsoft Word product, according to a complaint filed in Utah federal court on Monday.

  • July 27, 2015

    GTAT Lands $95M DIP Loan From Bondholders

    Former Apple Inc. screen-manufacturing partner GT Advanced Technologies Inc. has won permission for a $95 million debtor-in-possession loan supplied by bondholders to keep it going as it continues to work through its bankruptcy.

  • July 27, 2015

    8 More Charged In Super Bowl Laser Stock Scam

    Federal prosecutors criminally charged eight individuals Monday in Florida for participating in a widespread scheme to dupe investors into believing the National Football League intended to use revolutionary laser technology during the Super Bowl.

  • July 27, 2015

    Law Prof Makes Final Push Against 'Worthless' Settlement

    Dissenting shareholders objecting to the disclosures-only settlement of litigation challenging Riverbed Technology Inc.'s $3.6 billion take-private deal made a final push Monday to convince a Delaware Chancery judge to reject the deal, including a Fordham University law professor who says the arrangement is “worthless.”

  • July 27, 2015

    'Original Patent Troll' Wants Mistrial After Samsung Cleared

    Cascades Computer Innovation LLC, which is led by former Jenner & Block LLP partner Anthony Brown and has been described as "the original patent troll,” asked an Illinois federal judge Monday to declare a mistrial after a federal jury found that Samsung Electronics Co Ltd. did not infringe its patent.

  • July 27, 2015

    Deals Rumor Mill: RBS, Hamilton Lane, Symphony, Atkins

    Royal Bank of Scotland Group PLC is in talks for a management buyout of its private banking business in India, while a Silicon Valley instant-messaging software startup backed by Wall Street heavyweights seeks another round of investments, and the private equity-backed Atkins Nutritionals Inc. mulls a possible initial public offering this year.

  • July 27, 2015

    Manufacturers Seek Robust IP, Investment Rules In TPP

    With top trade officials for the Trans-Pacific Partnership countries aiming to close the negotiations this week, the National Association of Manufacturers on Monday laid out its top priorities for the pact, with strong patent protections, removal of investment hurdles and painless cross-border data flows topping the list.

  • July 27, 2015

    US Tax Court Invalidates IRS Cost-Sharing Final Rule

    The U.S. Tax Court on Monday sided with chipmaker Altera Corp. in a challenge to an Internal Revenue Service final rule requiring cost-sharing agreements to include the costs of stock-based compensation, saying the regulation did not reflect reasoned decision-making by the government.

  • July 27, 2015

    Apple, Nike Reach Settlement In FuelBand False Ad Suit

    Nike Inc. and Apple Inc. have stuck a deal with a proposed nationwide class of consumers, ending claims the companies' jointly developed FuelBand activity tracker did not accurately count calories burned, with Nike offering consumers $15 to $25 and up to $2.4 million for class counsel.

  • July 27, 2015

    Qualcomm Defends Spectrum Sharing For LTE-U Tech

    Qualcomm Inc. defended the coexistence capabilities of LTE-Unlicensed technology in a filing with the Federal Communications Commission posted online Friday that addressed comments it says are “outright incorrect” about the technology’s ability to share spectrum with unlicensed users.

  • July 27, 2015

    Chamberlain Hrdlicka Dodges DQ In $1.6M Fraud Suit

    A Texas federal judge has shut down a former Aptys Solutions LLC managing member’s bid to disqualify Chamberlain Hrdlicka White Williams & Aughtry from representing the software company in a $1.6 million fraud suit, rejecting the defendant’s contention that the plaintiffs’ counsel had represented him before he was sued.

  • July 27, 2015

    AT&T Wants $102M Row Over Soured Streaming Deal Nixed

    AT&T Corp. urged a Colorado federal judge to toss a $102 million breach of contract suit from an Internet news streaming company Friday, saying AT&T doesn’t have sufficient connection to the state and a contract under New York law should control the case.

Expert Analysis

  • The Latest Inappropriate Reasonable Royalty Rule Of Thumb

    William C. Rooklidge

    A California federal court's recent order in Good Technology Corporation v. MobileIron Inc. characterized the defects in the expert’s methodology as factual in nature. It is clear, however, that a methodology that gives the patentee 100 percent of the suppositious licensee’s expected profits as damages is impermissible as a matter of law, say William Rooklidge and Andrew Brown of Gibson Dunn & Crutcher LLP.

  • Assessing Vicarious Liability Exposure After Akamai

    Stephen Hash

    While it is undoubtedly true that Akamai, as well as its predecessors, have made it difficult for patentees to prove infringement in multiple-actor scenarios, and correspondingly easy for defendants to avoid infringement, the Federal Circuit has seemingly left a window of opportunity for patentees, say Stephen Hash and Christopher Granaghan of Vinson & Elkins LLP.

  • REBUTTAL: The Problem With 3rd-Party Litigation Financing

    Lisa Rickard

    Manipulating gender disparity in the service of hawking a flawed investment product does nothing but trivialize a serious and important issue. The tortured logic in Burford Capital LLC’s recent plug for third-party litigation financing is nothing more than a marketing ploy to boost revenues, says Lisa Rickard, president of the U.S. Chamber Institute for Legal Reform.

  • Where’s The Exit? New Opportunities In China For PE Firms

    Dean Collins

    With a deepening of China’s A-share market, it has become more attractive for private equity firms to sell their interest in a portfolio company to a Chinese listed company, although it has been unclear how, on account of regulatory constraints, this could be achieved for foreign sellers. A recent transaction has thrown interesting light on this issue, say attorneys with Dechert LLP.

  • Shedding Limelight On Multiparty Induced Infringement

    Lynda Calderone

    The statutes that define indirect infringement have not really changed in some time, at least not since an amendment in 1994. The Federal Circuit and U.S. Supreme Court together could not overcome the past to embrace the future in Akamai v. Limelight, says Lynda Calderone of Flaster/Greenberg PC.

  • EU InnoLux Ruling Affirms Potential For Higher Cartel Fines

    Matteo Bay

    The recent ruling by the EU Court of Justice in InnoLux Corp. v. European Commission confirmed that the commission is in specific circumstances permitted to take into account non-European Economic Area sales of cartelized inputs, but the decision is surprisingly limited in its analysis of jurisdictional issues, say attorneys with Latham & Watkins LLP.

  • The Internet Of Things: Liability Risks For Tech Cos.

    H. Michael O’Brien

    In light of several documented failures in Internet of Things devices in 2015 it is important for stakeholders at the forefront of the development and implementation of these technologies to be aware of the emerging liability risks, says Michael O’Brien at Wilson Elser Moskowitz Edelman & Dicker LLP.

  • A Midyear Review Of Criminal Antitrust Enforcement

    Rachel Brass

    Thus far in fiscal year 2015, the number and average length of prison sentences secured by the U.S. Department of Justice's Antitrust Division have decreased. If this trend continues, it will represent an eight-year low for average prison sentence length, say attorneys with Gibson Dunn & Crutcher LLP.

  • Reflections On The Goldman IP Theft Saga

    R. Mark Halligan

    The failed prosecutions of former Goldman Sachs Group Inc. computer programmer Sergey Aleynikov in both federal and state court should be a wake-up call to Congress and state legislatures that statutes passed years ago when trade secrets were kept in a locked file drawer are no longer well suited for the cyberworld of the 21st century, says Mark Halligan of FisherBroyles LLP.

  • Recent Decisions Shed Some Light On Scope Of AIA Estoppel

    Barbara McCurdy

    The high success rate for petitioners in inter partes reviews has lessened would-be petitioners’ concerns about the risks of estoppel. There also has been some clarity from the Patent Trial and Appeal Board and the district courts about the scope of the America Invents Act estoppel provisions, which provides some good news for petitioners, say Barbara McCurdy and Arpita Bhattacharyya of Finnegan Henderson Farabow Garrett & Dunner LLP.