• October 24, 2014

    Toshiba, Others OK'd For $12M DRAM Deals In Ontario Court

    An Ontario court has granted final approval to roughly $12.2 million in settlements from Toshiba Corp., Infineon Technologies Corp. and two other companies in class actions over an alleged conspiracy to price-fix dynamic random access memory devices, pushing the total recovery to $79.5 million.

  • October 24, 2014

    GTAT-Apple Deal Will Likely Survive Despite Secrecy

    GT Advanced Technologies may never offer unhappy stakeholders the answers they want about the mysterious quarrel with Apple Inc. that drove the company into Chapter 11, but they will be hard-pressed to challenge the settlement the onetime partners have reached, attorneys say.

  • October 24, 2014

    FCC Pushes Airwave Auction For Mobile Broadband To 2016

    The Federal Communications Commission is pushing back the voluntary auction of TV broadcasters’ spectrum to mobile broadband providers until 2016 because of a pending lawsuit over the auction’s rules filed by the National Association of Broadcasters in the D.C. Circuit, the agency announced Friday.

  • October 24, 2014

    Fifth Third Can't Convert Simplexity Case To Ch. 7, For Now

    A Delaware bankruptcy judge on Thursday denied a second bid by Fifth Third Bank to convert the case of cellphone activator Simplexity LLC to Chapter 7, but he said he would grant the senior lender's request if the parties can't hammer out a Chapter 11 plan by December.

  • October 24, 2014

    NII Holdings Wants Brass Covered From Investor Class Action

    NII Holdings Inc. on Thursday asked a New York bankruptcy court to extend the automatic stay of litigation to cover its executives, who are facing an investor class action over allegedly false statements about the Nextel-brand wireless service provider’s performance, saying the litigation could harm restructuring efforts.

  • October 24, 2014

    FCC Wades Into Data Security With $10M Privacy Breach Fine

    The Federal Communications Commission jumped into the field of data security regulation for the first time Friday, hitting a pair of telecommunications companies with a $10 million fine for allegedly failing to adequately safeguard customers' sensitive personal information. 

  • October 24, 2014

    Market Rumors: Roku, Hella, Airbnb

    Media streaming company Roku has reached out to investment banks about plans to confidentially file for a U.S. initial public offering, while German automotive supplier Hella is eyeing a $5 billion IPO in Frankfurt later this year despite recent market conditions.

  • October 24, 2014

    Google Pays $585M For Several Silicon Valley Buildings

    Google Inc. has purchased several buildings at the Pacific Shores Center in Redwood City, California, from The Blackstone Group LP and Starwood Capital Group LLC for $585 million, according to a regulatory filing and spokespersons from two of the companies.

  • October 24, 2014

    Review $30M Google Ruling, Patent Group Tells Fed. Circ.

    The nonprofit Boston Patent Law Association urged the Federal Circuit Friday to rethink its decision that invalidated two targeted ad patents and negated a $30.5 million infringement verdict against Google Inc. and others, saying the ruling could weaken patents and hinder enforcement.

  • October 24, 2014

    RE Rumor Mill: Google, Hines, Keller Williams

    Google Inc. is said to have bought a $585 million portfolio of Silicon Valley-area office buildings, while a Hines joint venture in Italy is reportedly raising $380 million to renovate two Venice hotels and Keller Williams NYC is said to have scooped up a brokerage boutique with a hefty Manhattan rental building portfolio.

  • October 24, 2014

    Harbinger Slams LightSquared's Bid To Halt $1.9B Suits

    Philip Falcone’s Harbinger Capital Partners LLC said Thursday that the judge presiding over LightSquared Inc.’s never-ending bankruptcy should not rule on the debtor’s bid to halt litigation against the federal government and the global positioning industry over Harbinger’s failed $1.9 billion investment in the wireless venture.

  • October 24, 2014

    Parts Supplier Must Indemnify Nissan In Tire Sensor IP Row

    A Tennessee federal judge on Thursday said Schrader Electronics Ltd. should have indemnified Nissan North America Inc. in a patent infringement row involving tire sensors developed by Schrader and installed in Nissan vehicles, but dashed the automaker's bid for $3.7 million in damages, saying the amount may be excessive.

  • October 24, 2014

    Taxation With Representation: Latham, Vinson, Weil

    In this week’s Taxation With Representation, IBM Corp. sells its semiconductor unit in a $1.5 billion deal while Latham & Watkins’ tax attorneys help QEP Resources Inc. sell its midstream oil and gas business to industry giant Tesoro Corp for a cool $2.5 billion.

  • October 24, 2014

    Jury Awards Costco $37M In LCD Price-Fixing Trial

    A Washington federal jury on Thursday awarded Costco Wholesale Corp. about $37 million after finding that AU Optronics Corp. and dozens of other electronics companies fixed the price of liquid crystal display panels, tasking just six LCD makers with footing the damages bill.

  • October 23, 2014

    Health Software Co. Escapes Class Claim Via 'Safe Harbor'

    A California federal judge this week tossed a shareholder class action against a health records software provider and its high-ranking directors and officers after finding that their optimistic projections about the future of electronic medical records fell under the safe harbor provision of the Private Securities Litigation Reform Act.

  • October 23, 2014

    FTB Gets $300K From Lumen For 'Predatory' Patent Suit

    Lumen View Technology LLC must pay $300,000 in attorneys’ fees for its unsuccessful patent infringement suit against the research website, a New York federal judge ruled Thursday, saying the award was needed to deter Lumen’s “predatory” strategy to win nuisance settlements for baseless cases.

  • October 23, 2014

    Fed. Circ. Judges' Bid To Revisit Willfulness May Aid Patentees

    Two Federal Circuit judges called Tuesday for the full court to reconsider the strict standard for proving willful infringement in light of a U.S. Supreme Court decision on fee-shifting in patent cases, a move attorneys say would benefit patent owners by boosting their chances of winning enhanced damages.

  • October 23, 2014

    Apple May Not Be Done With GTAT After It Clears Ch. 11

    Apple Inc. said Thursday that a now-finalized settlement with bankrupt GT Advanced Technologies Inc. could pave the way for the two to resume doing business once GT exits the sapphire production business responsible for its abrupt collapse.

  • October 23, 2014

    Judge Koh Agrees To Take On Oracle Anti-Poaching Suit

    U.S. District Judge Lucy H. Koh agreed Wednesday to take on a proposed class action accusing Oracle Corp. of conspiring to suppress employee pay by entering an anti-poaching agreement with Google Inc., finding the new suit was related to an ongoing case about similar recruitment agreements.

  • October 23, 2014

    Google Hit With $2M 'Spy Phone' Trademark Suit

    The developer of the Spy Phone smartphone app, which allows users to track calls and other phone data, on Wednesday hit Google Inc. with a $2 million trademark infringement lawsuit in New Jersey, alleging Google employees have allowed others to sell apps on Google Play that rip off its name.

Expert Analysis

  • How VirnetX May Affect Post-Grant Review Evidence At Trial

    Bill Sigler

    VirnetX Inc. v. Cisco Systems Inc. — the first post-Commil Federal Circuit decision to squarely address the admissibility of post-grant review evidence at trial — did not foreclose the potential new avenue created by Commil, but instead reaffirmed that the district court has broad discretion in admitting or excluding such evidence, says Bill Sigler of Fisch Sigler LLP.

  • Why You Should Start Thinking About Upcoming Drone Regs

    William O'Connor

    Companies and trade associations interested in obtaining the benefits of small unmanned aircraft systems should start formulating plans now to help shape the Federal Aviation Administration's much-anticipated notice of proposed rulemaking — likely to issue in mid-December — and the regulations that will come out of it. They need not wait for the notice, say attorneys with Morrison & Foerster LLP.

  • NY Court Limits Rights Of Assignees, Indenture Trustees

    David M. Zensky

    A New York state court decision in Cortlandt St. Recovery Corp. v Hellas Telecommunications will complicate the ability of noteholders to pursue a fraudulent conveyance action — one of several reasons the decision is concerning, say attorneys with Akin Gump Strauss Hauer & Feld LLP.

  • 4 Reasons GCs Are Cautious About Filing Patent Suits

    Matt Jorgenson

    While patent litigation unquestionably is and will remain an important competitive tool for many companies, a few uncertainties may make a favorable outcome for a patentee more difficult both to assess and to ultimately achieve. These uncertainties also tend to increase the cost for a patentee to litigate successfully to a final judgment, say Matt Jorgenson and Bryan Blumenkopf of Sidley Austin LLP.

  • How To Successfully Use Alibaba's AliProtect

    Theodore Baroody

    If a U.S. intellectual property owner has limited financial resources such that infringement represented by an listing accessible in the U.S. might otherwise go unaddressed, a complaint through the AliProtect system may present a reasonable option. AliProtect has some quirks, but it worked when we tried it, and the time from complaint to takedown was about five days, says Theodore Baroody of Carstens & Cahoon LLP.

  • Japan's Trade Secret Law Reform Should Focus On Discovery

    York Faulkner

    Faced with a growing trend of trade secret theft, Japanese lawmakers are actively debating reforms to strengthen both civil and criminal enforcement of trade secrets. The proposals, however, fail to address the fundamental weakness of trade secret enforcement under current Japanese law, say attorneys with Finnegan Henderson Farabow Garrett & Dunner LLP, Kitahama Partners and Lexia Partners.

  • New Jurisdictional Issues When Moving To Quash A Subpoena

    Steven Luxton

    The Nevada federal court's recent ruling in Agincourt Gaming LLC v. Zynga Inc. is an important reminder that a nonparty wanting to challenge a civil subpoena should consider carefully the appropriate jurisdiction in which to file a motion to quash under recently enacted Rule 45, say Steven Luxton and Brad Nes of Morgan Lewis & Bockius LLP.

  • 1st Circ. Injects Uncertainty Into Stay Relief Denials

    Douglas R. Gooding

    Both the majority and dissent in a First Circuit ruling in Pinpoint IT Services LLC v. Rivera could be accused of drawing an arbitrary line in the sand — their positions bring uncertainty to bankruptcy appeals of stay relief denials even prior to any consideration of the merits of such appeals, say Douglas Gooding and Meg McKenzie Feist of Choate Hall & Stewart LLP.

  • International Standard Could Reshape Cloud Privacy

    Lindsey Tonsager

    Because the International Standards Organization and the International Electrotechnical Commission's new voluntary standard is the first international standard to focus on privacy in the cloud and provides an auditable policy framework for privacy compliance, it could significantly shape cloud services around the globe, says Lindsey Tonsager of Covington & Burling LLP.

  • Design Patent Damages Might Be More Than You Expected

    Scott Breedlove

    For many litigators and in-house counsel who regularly deal with utility patents, the design patent is less familiar territory. But design patents can be a valuable tool. Inventors should consider protecting both the overall design and designs of specific components, as both may implicate substantial damages if infringed, say Scott Breedlove and Seth Lindner of Vinson & Elkins LLP.