Technology

  • 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 FindTheBest.com $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.

  • October 23, 2014

    HP Settles With Visa, Mastercard In Swipe Fee MDL

    Hewlett Packard Co. on Thursday became the latest company to settle with Visa Inc. and MasterCard Inc. in litigation over an alleged conspiracy to fix credit card swipe fees, marking its exit from a New York federal court case filed with other merchants that had opted out of last year's $7.25 billion antitrust settlement.

  • October 23, 2014

    Deals Rumor Mill: Deutsche Telekom, EnCap, Farrow & Ball

    Deutsche Telekom is seeking new parties to step up and make offers for its majority stake in U.S. wireless provider T-Mobile U.S. Inc., just months after rejecting Iliad SA's $15 billion bid, while EnCap Investments LP is looking to raise $5 billion for a new energy fund.

  • October 23, 2014

    Fed. Circ. Told to Affirm Record $1.5B Marvell Verdict

    Carnegie Mellon University has urged the Federal Circuit to affirm a record $1.54 billion judgment against Marvell Technology Group Ltd. for allegedly infringing the school’s disk drive patents, saying substantial evidence supports the verdict.

  • October 23, 2014

    Gov't, Nokia Back ITC In Induced Infringement Appeal

    The U.S. government, Nokia Corp. and a trade attorneys association supported the U.S. International Trade Commission on Wednesday in its Federal Circuit battle with Suprema Inc., arguing the agency has the power to ban products aimed at inducing infringement even if direct infringement only occurs after importation.

  • October 23, 2014

    Secret Microsoft Deal Violated Licensing Pact, Patent Co. Says

    Prophet Productions accused a unit of patent holding company Acacia Research Corp. in California state court on Wednesday of secretly licensing its security systems patents to Microsoft Corp. and others, violating a deal to split licensing profits evenly between Acacia and Prophet. 

  • October 23, 2014

    Sony Wants Attys Sanctioned For 'Frivolous' Patent Suit

    Sony Computer Entertainment America LLC on Wednesday urged a California federal judge to sanction Carey Rodriguez O’Keefe Milian Gonya LLP attorneys for filing a "frivolous" suit accusing the company of infringing a patent for an online interface system that makes 3-D real estate images.

  • October 23, 2014

    Top NY Court Says Money In Foreign Bank Branches Off-Limits

    New York’s top court on Thursday ruled that a state legal doctrine which treats banks' foreign branches as distinct legal entities barred Motorola Solutions Inc. from recovering billions of dollars in damages owed by a fugitive Turkish family because the funds are held in foreign bank accounts.

  • October 22, 2014

    Verizon Taps Debt Market Again With $6.5B Bond Sale

    Verizon Communications Inc. said Wednesday it will offer $6.5 billion in bonds as it seeks to take advantage of the low interest rate environment, to refinance its existing debt.

  • October 22, 2014

    3rd Circ. Affirms Dismissal Of Virgin Islands Telecom Case

    The Third Circuit on Tuesday upheld a lower court's decision to transfer a complicated settlement dispute involving Norton Rose Fulbright, investment firm Greenlight Capital Inc., a group of insolvent Virgin Islands telecommunications firms and others to bankruptcy court, which then recommended that the case be thrown out.

  • October 22, 2014

    Yahoo Earnings Buoyed By Alibaba’s Historic IPO

    Yahoo Inc. booked stronger than expected earnings for the third quarter, with results buoyed by the $9.4 billion worth of Alibaba Group Holding Ltd. shares it unloaded during the e-commerce mammoth’s historic initial public offering last month, according to a statement Tuesday.

  • October 22, 2014

    SanDisk Fights Cert. Bid In Flash Memory Antitrust Suit

    SanDisk Corp. urged a federal judge to deny retailers and customers class certification in a suit accusing the company of using its patents to monopolize the flash memory industry, saying that the memory purchasers failed to prove that common issues predominate.

  • October 22, 2014

    Bankrupt Seegrid Gets Nod For Dec. Hearing On Ch. 11 Plan

    Robotics developer Seegrid Corp. on Wednesday won the blessing of a Delaware bankruptcy judge to present its prepackaged Chapter 11 plan for confirmation in December, despite opposition from its former CEO who sought additional time to fight the plan.

  • October 22, 2014

    UniTek To Swap Debt For Equity, Go Private In Ch. 11

    Troubled telecommunications installation provider UniTek Global Services Inc.’s private equity stakeholders have reached a deal to take the company private and restructure its debts through a forthcoming prepackaged bankruptcy plan.

  • October 22, 2014

    Tessera Wants Judge To Enforce $30M Patent Deal, Nix Trial

    Tessera Inc. is pushing a California federal judge to enforce a $30 million settlement it reached in February with Advanced Semiconductor Engineering Inc. in a patent-infringement suit, claiming ASE has “settler's remorse” and asking the court to call off a Nov. 10 trial, according to filings this week.

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

    Chris Carr

    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 Alibaba.com 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.