• June 24, 2016

    Apple Wins Toss Of Digital Image Patent Claims At PTAB

    The Patent Trial and Appeal Board has sided with Apple Inc. in determining that certain claims of an e-Watch Inc. patent for digital image technology in a camera are invalid as anticipated by prior art, after finding e-Watch didn’t properly execute a priority claim to an earlier related patent application.

  • June 24, 2016

    Brexit To Further Splinter Global Data Protection Rules

    The U.K.’s decision to pull out of the European Union is likely to eventually result in the creation of new data protection and transfer agreements that, while similar to the EU’s current regime, will contain deviations that could leave companies to grapple with divergent standards and duplicative enforcement, attorneys say.

  • June 24, 2016

    LG Gets Rival's Video Playback Claim Nixed In AIA Review

    The U.S. Patent Trial and Appeal Board on Thursday ruled in favor of LG Electronics Inc. in a final written decision in an America Invents Act review, finding that a challenged claim of a video playback patent held by graphics technology firm ATI Technologies is unpatentable. 

  • June 24, 2016

    Consumers Push For $9M Deal In HTC, Samsung Data Suit

    Cellphone owners urged a California federal judge Thursday to grant final approval to a $9 million settlement with Samsung, HTC and other mobile manufacturers that could benefit around 57,000 consumers in multidistrict litigation alleging software employed by the companies illegally collected user data.

  • June 24, 2016

    T-Mobile CEO Defends ‘Binge On’ At FCC

    T-Mobile CEO John Legere and other executives have told Federal Communications Commission Chairman Tom Wheeler and several commissioners that the company’s “Binge On” video service, which has faced criticism for allegedly violating the principles of the commission’s net neutrality order, is pro-consumer.

  • June 24, 2016

    Chamber Official Urges Quick Action On Privacy Shield

    A U.S. Chamber of Commerce official on Friday asked the European Union’s member states to quickly sign off on the updated version of the so-called Privacy Shield, saying the new framework for trans-Atlantic data transfer is critical for companies on both sides of the pond.

  • June 24, 2016

    Sony Settles Network-1 Suit After Fed. Circ. Upholds Patent

    Sony Corp. has agreed to pay Network-1 Technologies Inc. for a license for its ethernet patent to settle Network-1's infringement claim against it in Texas federal court, the Network-1 announced Friday, almost a year after after the Federal Circuit rebuffed Sony's bid to have the patent declared invalid.

  • June 24, 2016

    Latham & Watkins Guides Skullcandy In $177M Sale To Incipio

    Incipio LLC, the maker of cellphone cases and other personal technology accessories, will buy Latham & Watkins LLP-led Skullcandy Inc. in a $177 million deal, the companies announced in a joint statement Friday.

  • June 24, 2016

    4 Remaining Net Neutrality Sticking Points

    The D.C. Circuit's sweeping endorsement of the Federal Communications Commission’s net neutrality rules has many experts convinced they are here to stay, but the possibility of Supreme Court review and the question of how the FCC will move forward mean the battles are far from over.

  • June 24, 2016

    Taxation With Representation: Covington, Davis Polk, Gibson

    This week's edition of Taxation With Representation sees the technology industry light up with major purchases in the gaming, security and software sectors, and a German forklift company makes a multibillion-dollar purchase to enhance its advanced materials-handling capabilities.

  • June 24, 2016

    FCC's Wheeler Floats Proposed Rules For Spectrum For 5G

    Federal Communications Commission Chairman Tom Wheeler on Thursday announced that he had circulated proposed rules to open up spectrum for 5G applications and flexible use wireless broadband, calling 5G a “national priority,” ahead of the commission’s July 14 vote.

  • June 24, 2016

    Brexit Threatens To Burst London’s Fintech Bubble

    Britain’s vote to split from the European Union threatens London’s trailblazer role in developing and regulating the technology behind virtual currencies, widely deemed the new frontier in global finance.

  • June 23, 2016

    Court Says No Warrant Needed For Home Computer

    In a decision the Electronic Frontier Foundation called “dangerously flawed,” a Virginia federal judge ruled on Thursday that FBI agents do not need a warrant before deploying malware that goes into a computer and takes certain information from it.

  • June 23, 2016

    Arista Products Infringed 3 Of 5 Cisco Patents, ITC Says

    The International Trade Commission released an order on Thursday finding technology firm Arista Networks infringed on three of five patents owned by Cisco Systems relating to ethernet switch products, a decision that quells at least one brewing legal battle between the rivals.

  • June 23, 2016

    Smartflash Hits Apple's Bid To Link Texas, PTAB Cases

    Smartflash urged the Federal Circuit Thursday not to coordinate Apple’s appeal of a $533 million Texas infringement case over Smartflash’s media storage patents with Smartflash's own appeal of a set of Patent Trial and Appeal Board rulings axing the patents, saying the move wouldn’t support judicial efficiency.

  • June 23, 2016

    Bipartisan House Group Calls For Cooperation On Encryption

    A bipartisan House group weighing the complicated legal and policy issues surrounding encryption noted on Wednesday the need for increased cooperation between law enforcement and the private sector, but seemed to stop short of openly supporting draft legislation to empower the former.

  • June 23, 2016

    Twilio's 'Home Run' Could Spark More Unicorn IPOs

    Twilio Inc.’s explosive initial public offering Thursday will likely encourage more so-called unicorns, or private companies valued at $1 billion or more, to get off the sidelines and brave public waters that have largely frozen out technology startups in 2016, capital markets attorney say. 

  • June 23, 2016

    Privacy Shield Data Pact Coming In July, EU Official Says

    An EU commissioner said Wednesday that the final version of the so-called Privacy Shield, a framework that will impose stronger obligations on digital companies like Google and Facebook to protect Europeans' personal information when transferring data between the United States and European Union, could be ready as early as July.

  • June 23, 2016

    Toshiba Wins Class Cert. Denial In LED TV False-Ad Suit

    A California judge Thursday denied certification to a consumer class claiming that Toshiba falsely advertised LED televisions without disclosing the flat-screen devices used an alternate display technology, saying she wasn't convinced consumers would find the LED label deceptive and material to their purchasing decision.

  • June 23, 2016

    Deals Rumor Mill: Royal Bank of Scotland, Lionsgate, Okta

    Royal Bank of Scotland has received multiple offers for its $3 billion Greek shipping finance unit, Lionsgate is once again in talks with Starz about a potential merger, and cloud software company Okta is gearing up for a sale or initial public offering.

Expert Analysis

  • Fed. Circ. TLI Decision Is Not A Step Backward From Enfish

    Gautham Bodepudi

    There are some questioning whether the Federal Circuit took a step backward with its decision in TLI v. AV Automotive, decided just five days after Enfish clarified the proper framework in which to determine whether a claim is abstract for step one of the Alice test. However, taking a closer look, the TLI court moved the Enfish line of reasoning forward, says Gautham Bodepudi of IP Edge.

  • 8 Critical Lessons From Morgan Stanley Cybersecurity Case

    John Reed Stark

    What is most interesting about the U.S. Securities and Exchange Commission enforcement action against Morgan Stanley for cybersecurity lapses is that Morgan Stanley’s conduct was exemplary — the firm did everything right, says John Reed Stark, former internet enforcement chief at the SEC.

  • Calif. Court Protects Against Post-Litigation Discovery

    Jennifer A. Williams

    While California courts have entertained the notion that an insurer’s conduct during coverage litigation may be considered evidence of bad faith under extremely limited circumstances, they more consistently recognize that an insurer — like any litigant — is entitled to a fair day in court, as illustrated by a California federal court's recent decision in Genesis Insurance v. Magma Design, says Jennifer Williams at Wiley Rein LLP.

  • How Lawyers Can Harness The Power Of Social Media

    Monica Zent

    It’s important to first decide what your personal brand is. Are you a crusader? A wry observer? A compassionate witness? Your social media presence doesn’t have to reflect the deepest aspects of your identity — it’s merely an image that you project, says Monica Zent, founder and CEO of Foxwordy Inc.

  • From The Partner's Desk: Tips For Recent Law Grads

    Gary M. Gansle

    One of the most prevalent complaints by associates and recent law school graduates is the lack of meaningful mentoring by more seasoned attorneys. Gary Gansle, leader of Squire Patton Boggs LLP's Northern California employment law practice, offers several tips as a light that can help junior attorneys start down the right path in their career development.

  • Alice Turns 2: Fed. Circ. Grapples With 'Implicit Exceptions'

    Bruce D. Sunstein

    A defining feature of the U.S. Supreme Court's Alice decision, borrowed from Mayo, is reliance on “implicit exceptions” to the patent laws, under which the court regards patent claims too closely related to a law of nature, natural phenomenon or abstract idea as ineligible for patenting. It has fallen on the Federal Circuit to determine what scope should be given to these “implicit exceptions,” says Bruce Sunstein of Sunstein Kann ... (continued)

  • What The High Court Cuozzo Decision Means For IPR

    Rick Neifeld

    The U.S. Supreme Court's decision Monday in Cuozzo provides legal certainty that the U.S. Patent and Trademark Office can and will continue to apply the broadest reasonable interpretation claim construction standard. However, the court's ruling regarding appealability of institution decisions is narrow, fact-specific, and leaves many issues outstanding, says Rick Neifeld of Neifeld IP Law PC.

  • 'Taking My Talents To South Beach': Law Firm Version


    LeBron James has established his worth by tangible metrics. He cashed in on a free agent bonanza fueled by the NBA’s economic model that supports his regal compensation. But such is not the case when it comes to first-year associate salaries of $180,000 at certain law firms and $2,000 an hour billing rates for certain partners, says Mark A. Cohen, founder of Legal Mosaic LLC.

  • Your 401(k) Plan: A Ticking Time Bomb Of Liability?


    No one understands the concept and obligations of “fiduciary duty” better than legal professionals — and yet, many law firm partners and principals may be overlooking a significant source of liability in their practices, says Tom Zgainer, CEO and founder of America’s Best 401k.

  • Alice Turns 2: Alice Through The CBM Standing Looking Glass

    Scott A. McKeown

    Alice distills the patentable subject matter debate into a two-step analysis​ that overlaps in significant respect with the two-part analysis for assessing whether a patent claim qualifies as a covered business method. The similarities in analytical frameworks have not escaped the attention of the Patent Trial and Appeal Board and district courts, says Scott McKeown of Oblon McClelland Maier & Neustadt LLP.