• May 23, 2015

    Senate Leaves NSA Spy Program In Limbo With Rejected Votes

    The U.S. Senate on Saturday left the fate of the National Security Agency's bulk collection program for domestic telephone “metadata” and other domestic surveillance programs in limbo, rejecting competing proposals to either overhaul those programs or to temporarily extend them.

  • May 22, 2015

    Tribes Urge FCC To Fix Broadband Divide

    The National Tribal Telecommunications Association has urged the U.S. Federal Communications Commission to tackle the “embarrassing digital canyon” of broadband service between tribal communities and urban America as part of long-term reform plans for rate-of-return carriers.

  • May 22, 2015

    Founder Of Facebook's Oculus Stole IP, Ex-Partners Claim

    A Hawaii-based partnership claimed in a suit in California federal court Wednesday that Facebook's Oculus VR Inc. and its founder Palmer Luckey violated a 2011 contract to develop a 3D virtual reality headset for them and claimed the resulting prototype as his own.

  • May 22, 2015

    Corning's Inequitable Conduct Claim Over AIA Review OK'd

    A judge has allowed Corning Optical Communications RF LLC to amend its answer to a cable connector patent suit by PPC Broadband Inc. to add a counterclaim that PPC committed inequitable conduct by not disclosing information about an America Invents Act review during a re-examination.

  • May 22, 2015

    PTAB Knocks Down Online Travel Search Patent

    Six claims of a patent for a metasearching online system challenged by travel websites such as Expedia Inc. and Inc. were found Friday to be unpatentable.

  • May 22, 2015

    Wells Fargo Can't Escape Software Magnate's Tax Shelter Suit

    A Florida federal judge on Thursday kept alive claims against Wells Fargo & Co. brought by the co-founder of software giant American Megatrends Inc. alleging the bank's predecessor steered him into an illegal tax shelter, saying the bank failed to show the suit was filed too late.

  • May 22, 2015

    Senate Intelligence Head Rolls Out NSA Reform Alternative

    The head of the U.S. Senate Intelligence Committee on Friday waded into the heated debate over the looming expiration of certain Patriot Act provisions by offering an alternate proposal that would allow the National Security Agency to continue collecting domestic phone records in bulk until 2017.

  • May 22, 2015

    Ev Williams’ VC Firm Raises $123,456,789 For 'Positive' Fund

    Obvious Ventures LP, the venture capital fund launched by Twitter Inc. co-founder Ev Williams, closed its first pool on Thursday, raising a sequential $123,456,789 million to invest in companies that have positive social and environmental effects.

  • May 22, 2015

    Altice Deal Broadcasts Big Changes In Telecom Sector

    When European telecommunications titan Altice SA revealed earlier this week that it had agreed to buy a massive chunk of private equity-backed Suddenlink Communications, it marked Altice’s entry into the U.S. cable market, and experts say this deal exemplifies some big-time shifts in the way the sector views its future.

  • May 22, 2015

    Comcast Says Sprint's Attys Misled Jury In $28M IP Suit

    Comcast Cable Communications LLC told a Delaware federal judge that Sprint Communications Co. LP’s counsel Shook Hardy & Bacon LLP misled a jury into awarding Sprint $28 million in a row alleging Comcast ripped off its fiber optic delivery systems, arguing one of the firm’s attorneys used inaccurate claim constructions.

  • May 22, 2015

    Cable Assoc. Praises FCC Decision To Collect Satellite Fees

    The American Cable Association on Friday applauded the Federal Communications Commission’s decision to collect a new regulatory fee from direct broadcast satellite providers such as Dish Network Corp. and DirecTV that could generate $4.1 million in revenue for the agency.

  • May 22, 2015

    Brand Battles:, Facebook, Texas Rangers

    In Law360's latest roundup of new actions at the Trademark Trial and Appeal Board, and Edible Arrangements argue over whether a pineapple flower can function as a trademark, Facebook takes on “Designbook,” and the Texas Rangers go after the company behind “Dublin Dr. Pepper.”

  • May 22, 2015

    Deals Rumor Mill: Reynolds American, Time Warner, Uber

    The proposed $27.4 billion tie-up between Camel cigarettes maker Reynolds American Inc. and rival Lorillard Inc. will likely receive antitrust clearance as early as next week, while Charter Communications Inc. is gearing up to make an offer to buy Time Warner Cable Inc. for more than $170 per share.

  • May 22, 2015

    Fed. Circ. Clears Microsoft In Speech Software Patent Case

    The Federal Circuit on Friday upheld a victory for Microsoft Corp. in a suit by Allvoice Developments US LLC over a speech recognition patent, finding that Microsoft did not infringe most claims and that others are not patent-eligible because they cover only software instructions, not a tangible object.

  • May 22, 2015

    5 IPOs Nab $1B Ahead Of Slow Holiday Week

    Five companies — a mortgage automation servicer, a real estate investment trust, a health care analytics firm and two e-commerce platforms — together raked in $1.02 billion as all but one initial public offering priced within or above its targeted range, ending on a positive note as the holiday weekend is expected to cause a pause in debuts, experts say.

  • May 22, 2015

    Expedia Sells Loss-Making ELong For $671M To Ctrip Group

    Expedia Inc. said Friday it has sold its majority stake in the underperforming travel site eLong Inc. to a group of Chinese buyers led by International Ltd. for $671 million, unloading a site that had been weighing down Expedia’s profits.

  • May 22, 2015

    Crowell Nabs Nat'l Defense Univ. Dean For Privacy Group

    Crowell & Moring LLP said it has beefed up its privacy, cybersecurity and government contracts groups with the addition of former National Defense University faculty dean Harvey Rishikof, who brings to his new senior counsel position in the firm's Washington, D.C., office a wealth of experience in academia, private practice and government.

  • May 22, 2015

    Movie Studios Want Animators’ Anti-Poaching Suit Tossed

    The Walt Disney Co., DreamWorks Animation SKG Inc. and others urged a California federal judge on Thursday to toss a proposed class action brought by animators accusing the studios of conspiring to keep down wages, saying that plaintiffs failed to show proof the studios knowingly misled them in the alleged scheme.

  • May 22, 2015

    Nokia Tells ITC It Didn't Infringe InterDigital Network Patents

    Nokia Corp. asked the International Trade Commission on Thursday to review an administrative law judge's ruling that it and Microsoft Corp. infringed two of InterDigital Communications Inc.'s smartphone network-connection patents, arguing in a redacted filing the infringement determination was at odds with a prior decision.

  • May 22, 2015

    FCC, Dish, Netflix Oppose Net Neutrality Stay At DC Circ.

    The Federal Communications Commission, Dish Network Corp., Netflix Inc. and an intervenor group on Friday blasted an attempt by challengers to the Open Internet Order to stay the rule during the challenge, telling the DC Circuit that the broadband providers are not likely to succeed.

Expert Analysis

  • Fed. Circ. Guidance For Means-Plus-Function Software Claims

    Dev Batta

    The Federal Circuit's recent decision in EON Corp. IP Holdings LLC v. AT&T Mobility LLC clarifies that when claiming a software-implemented invention in means-plus-function form, an applicant should not rely on the Katz exception and should almost always disclose at least one algorithm for each means-plus-function limitation, says Dev Batta of Locke Lord LLP.

  • Emerging IP Issues In The African Marketplace

    Beau Jackson

    The dynamic economic growth occurring across Africa presents new challenges and opportunities in the intellectual property context, say Beau Jackson of Adduci Mastriani & Schaumberg LLP and Jarrad Wood, a student at American University Washington College of Law.

  • Use Of Biometric Information As A Basis For Civil Liability

    Derek Sarafa

    Despite the proliferation of the use of biometrics, there are very few state statutes and no federal statutes that create civil remedies based on the capture and disclosure of biometric data by private businesses. But enterprising plaintiffs lawyers are attempting to use those that do exist to create a potential new sphere of liability, say attorneys with Winston & Strawn LLP.

  • Trade Dress Protection Not In Great Shape For Great Shapes

    Martin Schwimmer

    While the Federal Circuit's trade dress and design patent analyses are correct in Apple Inc. v. Samsung Electronics Co. Ltd., the decision suggests an unworkable tension between the two doctrines, say Martin Schwimmer and Jordan Garner of Leason Ellis LLP.

  • Lobbying The EU: New Requirements For A 'Voluntary' Regime

    Charles Borden

    While parties that lobby in the United States are generally subject to mandatory lobbyist registration and reporting obligations at every level of government, parties that lobby European Union institutions traditionally have only been subject to a “voluntary” registration and disclosure regime. That gap now appears to be closing, say attorneys with Allen & Overy LLP.

  • Problems In The 'Fight Of The Century' Class Actions

    James Sammataro

    Can aggrieved pay-per-view customers sue Manny Pacquiao and his corporate constellation for his performance in the overhyped “Fight of the Century” against Floyd Mayweather? Precedent firmly says “no,” yet more than a dozen putative class actions have been filed, says James Sammataro of Stroock & Stroock & Lavan LLP.

  • What The Nomi Case Could Mean For Retail Tracking

    David McDowell

    On its face, the Federal Trade Commission’s recent settlement with Nomi Technologies Inc. is like many FTC privacy cases. Under the surface, however, the case may open the door for the FTC to create a notice-and-choice regime for the physical tracking of consumers, say attorneys with Morrison & Foerster LLP.

  • Reliance On Dated Tech Won't Prevent Plane Crashes

    Michael Slack

    Think of the lives that could have been saved in the Malaysia 370 and Germanwings 9525 situations if a peril alert system had taken over control and given ground-based operators the opportunity to intervene and attempt a safe recovery. The technology to implement such systems is available and it is time to eliminate the decades-old practice of looking to the past to solve today’s safety problems, says Michael Slack, founder of Slac... (continued)

  • Consider 5 Things Before Choosing An E-Discovery Provider

    Barry O’Melia

    There has been a rapid and robust growth in the number of companies offering electronically stored information collection, management and processing services. But a recent survey indicated that not all service providers offer the level of expertise needed in today’s world of big data, the cloud and mobile devices, says Barry O’Melia, chief operations officer at Digital WarRoom.

  • 3 Questions To Ask When Using Surveys In Litigation

    Rebecca Kirk Fair

    The relevance and usefulness of consumer surveys in litigation is dependent on how they are designed and implemented. A Seventh Circuit decision highlights some of the pitfalls of using surveys in litigation and exemplifies the skeptical view some courts have expressed, say Laura O'Laughlin and Rebecca Kirk Fair of Analysis Group.