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Intellectual Property
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Technology
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May 22, 2013
Deals Rumor Mill: Carlyle, Saks, Sony
Carlyle is hoping to raise $2 billion more for Japan-focused investments that will cement its place as a private equity leader in the country, while Sony has opened itself to negotiations with an activist hedge fund that insists the sputtering company should consider an IPO.
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May 21, 2013
House Group To Tackle Telecom Network Security Risks
A group of House lawmakers on Tuesday launched a bipartisan working group on ways to protect telecommunications networks from cyberattacks, kickstarting the process by hearing from industry experts that government collaboration with the private sector and better vetting of foreign vendors are vital.
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May 21, 2013
Tech Co. Faces Sanctions In Patent Row With Simon Property
A Wisconsin federal judge on Tuesday ordered NorthMobileTech LLC to pay roughly $368,500 in sanctions for pursuing an unsuccessful patent enforcement suit that was allegedly fraught with misconduct against real estate giant Simon Property Group Inc.
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May 21, 2013
FTC Commish Pushes For Enforceable Do-Not-Track Program
Federal Trade Commissioner Maureen K. Ohlhausen on Tuesday urged the online advertising industry to craft an enforcement-backed mechanism that would allow consumers to opt out of online tracking, saying that the industry-created standard would likely fare better than static legislation.
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May 21, 2013
Alioto Can't Unfreeze $28M LCD Fee Cut From Escrow
A California federal judge Monday refused lawyer Joseph M. Alioto's attempt to unfreeze $28.2 million in attorneys' fees for liquid crystal display multidistrict, price-fixing litigation while third party LFG National Capital LLC's lawsuit over a lien against his firm is still pending.
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May 21, 2013
ClearPlay Asks High Court To Weigh DVD-Censor Patent Case
ClearPlay Inc. has asked the U.S. Supreme Court to take up its claims accusing Nissim Corp. of violating a licensing agreement the companies had for DVD-censoring technology, arguing the Eleventh Circuit wrongly found the claims were preempted by federal law.
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May 21, 2013
Chimei Inks Initial Deal In Retailers' LCD Price-Fixing Case
Target Corp., Sears Roebuck and Co. and several other retailers in multidistrict litigation accusing a slew of electronics makers of fixing the price of liquid crystal display panels said Tuesday that they had reached a preliminary deal with Chimei Innolux Corp. to settle the dispute.
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May 21, 2013
Apple CEO Denies Avoiding Taxes With Offshore Shell Cos.
Apple Inc. CEO Timothy D. Cook on Tuesday defended his company's policy of holding billions of dollars in worldwide revenue in Irish shell corporations and shielding them from U.S. and international corporate taxes, telling a Senate investigations subcommittee that contrary to its report, Apple hasn't undercut its tax responsibilities.
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May 21, 2013
Nortel's British Retirees Fight Objection To $1.3B In Claims
Nortel Network Corp.'s British retirees asked a Delaware bankruptcy judge Monday to strike an objection to their $1.3 billion in claims, contending the response by the defunct telecom's U.S. unit does not properly address any of the pension fund's allegations.
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May 21, 2013
Yahoo To Take 4 Floors At Former NY Times Building
Yahoo Inc. will move its 500 New York employees from several Manhattan offices to four stories at the former New York Times building in connection with its $1.1 billion acquisition of Tumblr, CEO Marissa Mayer announced at a press conference following the merger announcement Monday.
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May 21, 2013
Biz Groups Warn House Panel To Keep Cyber Reforms Flexible
Leaders in the energy, banking and security fields urged the House Energy and Commerce Committee on Tuesday to make sure the government uses flexible, nonprescriptive standards to protect critical infrastructure from cyberattacks, so businesses can adapt to rapidly evolving threats.
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May 21, 2013
Bingham Adds Ropes & Gray Atty To Silicon Valley IP Group
Bingham McCutchen LLP is adding a former Ropes & Gray LLP attorney to its fleet of partners in its Silicon Valley intellectual property group, the firm announced Tuesday.
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May 21, 2013
Motorola To Get Jury Trial In Microsoft FRAND Case
A Washington federal judge ruled Monday that Google Inc.'s Motorola Mobility LLC will face a jury trial — not a bench trial — when it defends claims this summer that it breached its obligation to license standards-essential patents to Microsoft Corp. at reasonable rates.
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May 21, 2013
Deals Rumor Mill: Dish, Alere, Raytheon
Dish Network's chairman served up a $2 billion offer for wireless spectrum controlled by bankrupt LightSquared, while an activist investor is ratcheting up pressure on multibillion-dollar life sciences firm Alere to seek out a buyer.
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May 21, 2013
Samsung Seeks Reversal Of $15M Verdict In Patent Row
Samsung Electronics Co. Ltd. on Monday asked a Texas federal judge to reverse a jury's $15 million verdict against it for allegedly infringing a patent held by technology licensing company Summit 6 LLC, arguing jurors ignored proof that the patent was invalid.
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May 21, 2013
Nexteer Escapes Hitachi Rare-Earth Patent Probe With Deal
Hitachi Metals Ltd. has agreed to drop Nexteer Automotive Corp. from an investigation claiming dozens of companies imported products containing patented rare-earth magnets, according to settlement papers filed Monday with the U.S. International Trade Commission.
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May 21, 2013
Sprint's Sweetened $2.5B Bid Delays Clearwire Vote
Sprint Nextel Corp. upped its controversial takeover bid for Clearwire Corp. to about $2.5 billion just hours before it was set to go before Clearwire shareholders Tuesday, pushing the meeting until next week and giving Clearwire’s board and disgruntled investors plenty to think about.
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May 20, 2013
Calif. Senate Passes Bill Boosting Data Breach Alerts
The California Senate on Thursday approved a measure that would require individuals and companies that maintain computerized data about their clients or customers to notify them if a security breach is detected.
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May 20, 2013
Aereo, FilmOn Settle Trio Of Trademark Disputes
Media mogul Barry Diller and billionaire Alki David have settled three California federal court trademark disputes regarding the websites, hardware and names pertaining to their rival Aereo Inc. and FilmOn television-streaming services, the parties said in a joint statement on Monday.
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May 20, 2013
Apple Gets Potential Damages Pared In NetAirus Patent Suit
A California federal judge on Monday limited the potential damages in a suit alleging four of Apple Inc.'s iPhone models infringe a patent relating to wireless handset communications, finding NetAirus Technologies LLC can only recover damages arising from recent sales of the iPhone 4.
Expert Analysis
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Rise Of The Machines — Predictive Coding Goes Mainstream
The pros of using predictive coding far outweigh the cons. Given the heavy pressure on law firms and in-house counsel to reduce discovery costs, as well as the Justice Department's recent stance on the subject, it appears predictive coding will continue to emerge from the obscure world of legal technology to the mainstream of legal practice, say Michael Moscato and Myles Bartley of Curtis Mallet-Prevost Colt & Mosle LLP.
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SEC’s Unbundling Rules Get Breath Of Life
The U.S. Securities and Exchange Commision’s “unbundling” requirements have largely been the stuff of SEC lore — periodically referred to but rarely seen in corporate governance matters. However, thanks to the high profile dispute between David Einhorn’s Greenlight Capital and Apple, the unbundling rules may finally be coming out of the shadows, say attorneys with King & Spalding LLP.
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An Update On Joint Infringement In Cloud Computing
Assuming a feature of cloud-based email service warrants patent protection, a method claim may need to cover the conduct of two or three entities that act in concert to put the email application into service. For claims of that sort, the Akamai decision makes proving induced infringement easier, says Steven Amundson of Frommer Lawrence & Haug LLP.
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FCC Ruling Provides TCPA Guidance For Courts
The Federal Communications Commission’s long-anticipated ruling in the Charvat v. Echostar and U.S. v. Dish Network LLP matter is significant because it confirms that companies that do not exercise undue levels of control over their telemarketers or their call centers will not be held liable when those third parties violate the Telephone Consumer Protection Act, say attorneys with Locke Lord LLP.
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Benefits For Cloud Providers Adhering To US-EU Safe Harbor
The U.S. Commerce Department recently concluded that the U.S.-EU Safe Harbor's flexibility can account for any potentially unique data protection issue that may be raised by cloud computing, which suggests the program's ongoing value to U.S.-based enterprises seeking to ensure adequate data protection of personal information processed from the EU, say attorneys with Wilson Sonsini Goodrich & Rosati PC.
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CLS Bank Ruling Provides No Guidance On Patent Eligibility
The decision in CLS Bank International v. Alice Corp. Pty. Ltd. spotlights the Federal Circuit’s serious divisions on Section 101 analysis. In the face of these divisions, decisions by Federal Circuit panels as to patent eligibility of specific claims under Section 101 will continue to be inconsistent, say Charles Macedo and David Goldberg of Amster Rothstein & Ebenstein LLP.
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Viacom V. YouTube Provides Some Insight Into DMCA
Though many of the issues in Viacom International Inc. v. YouTube Inc. are still unsettled in light of the strong likelihood of additional appeal in the Second Circuit, the district court’s analysis provides a basic framework for the Southern District of New York’s interpretation of the Digital Millennium Copyright Act’s safe harbor provisions, say attorneys with Latham & Watkins LLP.
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E-Discovery In The Cloud: Who Can Get Your Data?
Many lawyers are asking whether placing electronically stored information in the cloud could inadvertently waive the attorney-client privilege and whether the government or a civil litigant could obtain ESI directly from a cloud service provider. In answering these questions, there are a number of aspects of the cloud worth considering, say Timothy Broas and Matthew Saxon of Winston & Strawn LLP.
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5 Reasons For Optimism In The Venture Capital Community
Not every company can be the next Facebook. But thankfully, for many startups, generating one billion users is not the end goal, nor should it be. Enter “narrowcasting” — one of a few reasons to be optimistic about venture capital, despite the first quarter of 2013 being the slowest for fundraising since 2002, says David Kaufman of Thompson Coburn LLP.
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How To Use The New Trademark Clearinghouse
As the rollout of new Internet domains continues to become more complex, it is crucial for intellectual property owners to familiarize themselves with each step of the trademark clearinghouse registration process in order to have full control over their brand, says Jan Corstens of Deloitte.