Technology

  • November 26, 2014

    E&Y's Audit Army Contract Not A Slight To IBM, Court Says

    The Court of Federal Claims said in an opinion unsealed Tuesday that Ernst & Young's receipt of a contract to help the U.S. Army make its books auditable by 2017 didn't constitute a capricious snub to incumbent IBM.

  • November 26, 2014

    Power Integrations Says Fairchild Lied In Patent Trial

    Power Integrations Inc. on Wednesday urged a Delaware federal judge to overturn a jury’s 2012 ruling that it infringed a patent held by rival Fairchild Semiconductor Inc., arguing new evidence shows Fairchild offered false testimony at the trial.

  • November 26, 2014

    DOJ Knocks Apple's 6th Circ. Nod In E-Books Appeal

    The U.S. Department of Justice on Tuesday challenged Apple Inc.'s argument that a recent Sixth Circuit ruling supports the reversal of a ruling that it conspired to drive up e-book prices, saying the tech giant hadn't shown how the other case applied to its Second Circuit appeal.

  • November 26, 2014

    PTAB Says Same Prior Art May Lead To Different AIA Results

    In a setback for Mitsubishi Plastics Inc., the Patent Trial and Appeal Board has ruled that if two America Invents Act review petitions challenging the same patent cite the same prior art but use different arguments, the board can reach different conclusions on whether to institute reviews.

  • November 26, 2014

    9th Circ. Urged To Scrap 'Innocence Of Muslims' Injunction

    A chorus of technology companies, news organizations and online rights groups threw their support behind Google Inc. on Tuesday, telling the Ninth Circuit to overturn its controversial ruling that forced the tech giant to pull an anti-Islam video from YouTube.

  • November 26, 2014

    Dragon Tells 1st Circ. It Missed Facts In $580M Goldman Suit

    Dragon Systems Inc.'s founders Tuesday urged the First Circuit to rehear en banc their bid to revive a consolidated $580 million negligence suit alleging Goldman Sachs & Co. failed to assess the stability of the company buying their speech technology firm, saying a panel ignored crucial facts.

  • November 26, 2014

    Fed. Circ. Clears Samsung, Others In Java Patent Case

    The Federal Circuit on Wednesday affirmed a lower court's ruling that a slew of mobile device makers, including Samsung Electronics Co. and Microsoft Corp., did not infringe three patents related to the Java programming language owned by Nazomi Communications Inc.

  • November 26, 2014

    Group Challenges NIST Refusal To Release COPPA Grant Info

    The Center for Digital Democracy on Wednesday pushed the U.S. Department of Commerce to require one of its agencies to disclose more information about a $1.6 million grant recently awarded to a compliance service provider to develop a more streamlined approach for adhering to the Children’s Online Privacy Protection Act.

  • November 26, 2014

    Netflix Accuses Yahoo CIO Of Taking Kickbacks At Former Job

    Netflix Inc. has accused a former executive who was recently hired as chief information officer at Yahoo Inc. of taking kickbacks from vendors through his consulting company on contracts he was in charge of negotiating and approving at the video streaming company, according to a suit filed in California court.

  • November 26, 2014

    Senators Press FAA To Work Faster To Craft Drone Regs

    Five U.S. senators sent a letter to the Federal Aviation Administration on Tuesday urging the agency to take action in order to reach its goal of implementing regulation that would allow integration of commercial drones into U.S. airspace by September of next year.

  • November 26, 2014

    Verizon Privacy Fixes Show How To Avoid The FTC's Wrath

    The Federal Trade Commission recently dropped its probe into Verizon Communications Inc.'s alleged failure to adequately secure routers it provided to its customers, giving companies a blueprint for how to avoid sweeping consent decrees that could put their privacy practices under the agency’s microscope for decades.

  • November 26, 2014

    Motorola's $3.5B LCD Price-Fixing Claim Tossed By 7th Circ.

    Motorola Mobility LLC cannot sue for $3.5 billion in U.S. court over liquid-crystal display panels its foreign subsidiaries bought from an alleged price-fixing cartel of tech companies including Samsung Electronics Co., Toshiba Corp. and Sanyo Consumer Electronics Co. Ltd., U.S. Circuit Judge Richard Posner said in an opinion released Wednesday.

  • November 26, 2014

    Samsung Plans $2B Buyback To Boost Stock Value

    Gadgets giant Samsung Electronics, whose shares are down nearly 13 percent this year, announced a nearly 2.19 trillion Korean won ($1.98 billion) stock repurchase Wednesday in an effort to boost shareholder value, making it the latest company to embrace buybacks.

  • November 26, 2014

    Apple Wins Smartphone Patent Royalties From Samsung

    A California federal judge ruled Tuesday that Apple Inc. is entitled to ongoing royalties from Samsung Electronics Co. Ltd. following a patent infringement verdict this year, closing the book on the district court case and spurring an immediate appeal from Samsung.

  • November 26, 2014

    Qualcomm Asks Fed. Circ. To Nix Patents In ParkerVision Row

    Qualcomm Inc. has urged the Federal Circuit to uphold a Florida federal court's decision to nix a $173 million jury award for ParkerVision Inc. in a smartphone technology patent infringement case, and lodged a cross-appeal arguing ParkerVision's patents should have been found invalid in addition to not being infringed.

  • November 26, 2014

    US Pols Wary Of EU's Onerous Digital Trade Proposals

    Four trade heavyweights in the U.S. Congress on Tuesday warned European Union lawmakers against pursuing new digital commerce and competition policy proposals that could hamper market access and thus deal a significant blow to ongoing EU-U.S. trade talks.

  • November 26, 2014

    Mitts Law, IT Co. Settle Malpractice Suit Over IBM Suit

    A Pennsylvania information technology company has settled its state court malpractice suit against Philadelphia law firm Mitts Law LLC in which the company accused the firm of bungling a suit against IBM Corp. allegedly worth $100 million.

  • November 26, 2014

    Novell Board Absolved In Bad-Faith Suit Over Attachmate Deal

    A Delaware judge on Tuesday threw out claims that Novell Inc.'s board gave unlawfully favorable treatment to suitor Attachmate Corp. in the run-up to their 2010 merger, finding no actionable evidence that the board kept other suitors including Symphony Technology Group out of the loop ahead of the $2.2 billion deal.

  • November 26, 2014

    Spyware App Creator Sentenced In Groundbreaking Va. Case

    A Pakistani man was sentenced in Virginia federal court on Tuesday to time served for selling a spyware app that could secretly monitor calls, texts and videos on smartphones, in a case that prosecutors called the first of its kind.

  • November 26, 2014

    EU Regulators Push Google To Scrub Links From All Domains

    Europe’s privacy regulators said Wednesday that search engines such as Google Inc. must delete links to contested search results on a global basis and not just from EU domains in order to comply with a recent high court ruling that sanctioned users' right to request the deletion.

Expert Analysis

  • A Presumption In Favor Of 'California' Employees

    Barbara E. Tanzillo

    Technology workers from Bangalore, software instructors from Arizona and Colorado, truck drivers in San Diego, and cucumber harvesters in Gilroy, California ... Cases involving workers as varied as these have helped form a body of wage-and-hour law that all California employers, and out-of-state employers sending employees to work in the state, must understand, say Elizabeth Roth and Barbara Tanzillo of GCA Law Partners LLP.

  • Self-Help Not The Preferred Way To Address Tax Conflicts

    Jonathan R. Talansky

    Brinkley v. Commissioner, where the U.S. Tax Court ruled that an executive of a company acquired by Google Inc. was required to report a large portion of his merger consideration as ordinary compensation income, underscores the hazards of trying to use a tax return to “undo” what a taxpayer feels is a mistaken tax reporting position taken by another party, says Jonathan Talansky of Mintz Levin Cohn Ferris Glovsky and Popeo PC.

  • NIST Draft Info-Sharing Guide Advances Cybersecurity Debate

    Mark Krotoski

    Private sector entities reviewing the National Institute of Standards and Technology's draft guide on information sharing should focus on its recommendations surrounding sharing communities, standardized transfer mechanisms and the handling of corporate legal considerations, say Mark Krotoski and Brock Dahl of Morgan Lewis & Bockius LLP.

  • Remembering Doar: Justice As A 4-Letter Word

    Kevin J. Curnin

    John Doar ran the U.S. Justice Department's Civil Rights Division at perhaps the most chaotic and pivotal time in its history. His passing earlier this month is an occasion for lawyers everywhere to marvel at just how impactful one attorney can be. He didn’t just preside at a historic time, he calmly and coolly shaped it, says Kevin Curnin of the Association of Pro Bono Counsel.

  • States Still Fighting Bad-Faith Patent Infringement Claims

    Michael Martinez de Andino

    With 17 states having enacted legislation against bad-faith patent infringement assertions and 12 reviewing proposed legislation, states are sending a clear message that the current patent demand letter business model is insufficient to protect companies from unscrupulous patent holders, say Michael Martinez de Andino and Matthew Nigriny of Hunton & Williams LLP.

  • ‘Tis The Season … For Data Breaches And Data Analytics

    Mike Kheyfets

    Last holiday season saw some of the biggest and costliest data breaches in the retail industry’s history. With optimistic forecasts for spending this year, retailers will no doubt once again be in hackers’ crosshairs in the coming month. Implementation of data analytics — an important but sometimes underutilized tool — can assist in all phases of incident management, say economists at Edgeworth Economics LLC.

  • 10 Ways To Avoid Or Limit Institution In An AIA Proceeding

    Jason Stach

    The post-institution phase of an inter partes review, covered business method review or post-grant review is not where a patent owner wants to be. These 10 strategies for avoiding or limiting the scope of an instituted America Invents Act proceeding have proven successful to date, say attorneys with Finnegan Henderson Farabow Garrett & Dunner LLP.

  • What You Should Know About Using Drones In California

    If you are a drone manufacturer, operator or enthusiast in California, you will want to know what’s going on in your city because, in the absence of federal and state law, city governments have taken notice of drone use and are starting to take action. 2015 will be an interesting year for drone law, says Steven Miller of Hanson Bridgett LLP.

  • Differentiate Your Litigation Practice With Data Security

    Jennifer Topper

    Despite the significant tilt toward technology in how litigation is now conducted, many senior lawyers still delegate tech-related issues to e-discovery specialists or associates at their firms. This is a missed opportunity not just for client development, but also for shaping the way the firm and lawyer are seen in the eyes of corporate counsel, says legal industry business development specialist Jenn Topper.

  • Does Dodd-Frank Protect Foreign Whistleblowers?

    Matthew K. Edling

    In Liu v. Siemens, the Second Circuit upheld a ruling from the Southern District of New York, concluding that Congress did not envision the Dodd-Frank Act protecting foreign whistleblowers. Neither Liu court, however, attempted to reconcile this conclusion with the fact that Dodd-Frank governs violations of the Foreign Corrupt Practices Act — a definitively extraterritorial law, say Matthew Edling and Ben Fuchs of Cotchett Pitre & McCarthy LLP.