• September 30, 2014

    NY Delays Review Of $45B Comcast-TWC Deal Amid Worries

    The New York Public Service Commission has pushed back its deadline for reviewing Comcast Corp.'s proposed $45 billion merger with Time Warner Cable Inc. after state officials worried that the cable companies still weren't doing enough to improve "deficiencies" with their current service.

  • September 30, 2014

    DOD Pushes Contractors To Keep Reporting Counterfeits To IG

    The Department of Defense wants contractors to continue to report to the agency's inspector general when they discover counterfeit electronic parts, despite ambiguous instructions in a new rule that expands contractors' responsibility for reporting and combating counterfeits, according to the DOD official charged with overseeing the disclosures. This is Part 2 in a two-part interview with DOD Deputy Inspector General Randy Stone. Part 1 was published Tuesday.

  • September 30, 2014

    NetApp Wins $1.4M In Fees For 'Reckless' Patent Suit

    A Delaware federal judge has ordered a patent holding company to pay nearly $1.4 million in attorneys' fees to NetApp Inc. for engaging in a “reckless and wasteful” patent infringement lawsuit, saying the case is exceptional under the U.S. Supreme Court's recent Octane Fitness ruling.

  • September 30, 2014

    Marvell Faces $10M IP Claim As France Telecom's Trial Closes

    France Telecom SA slammed chipmaker Marvell Semiconductors Inc. as it wrapped its two-week patent infringement trial Tuesday, telling a California federal jury in closing arguments that Marvell should pay roughly $10 million for signing deals to supply mobile devices with 3G chips that infringed an error-correction patent.

  • September 30, 2014

    Privacy Groups Slam FTC Over COPPA Enforcement

    Two advocacy groups lashed out at the Federal Trade Commission on Tuesday for its “lax oversight” of the Children’s Online Privacy Protection Act, demanding the regulator reject a Pennsylvania company’s proposal for a service that streamlines the parental consent process for games and other mobile apps to collect data from children.

  • September 30, 2014

    AT&T Pays $45M To Settle TCPA Class Action

    AT&T Mobility LLC asked a Montana federal judge on Tuesday to approve a $45 million settlement that would resolve a proposed class action alleging the company violated the Telephone Consumer Protection Act by making unsolicited calls to individuals who purported not to be AT&T subscribers.

  • September 30, 2014

    Apple Targets Aylus TV Streaming Patent For Review

    Apple Inc. on Monday filed a petition for inter partes review of an Aylus Networks Inc. wireless video streaming patent that its Apple TV digital media player is accused of infringing, arguing that the patent is obvious in light of a standard developed by Microsoft Corp.

  • September 30, 2014

    Gordon & Rees Continues To Grow With New Tampa Office

    Fast-growing litigation and transactions law firm Gordon Rees Scully Mansukhani LLP has bolstered its Florida presence with the Monday opening of a new Tampa office, which will focus on commercial litigation, construction, health care, employment and technology work.

  • September 30, 2014

    Deals Rumor Mill: SoftBank, Novo Banco, OTP Bank

    Talks between Japanese telecom giant SoftBank Corp. and DreamWorks Animation SKG have ceased, with SoftBank now shifting its focus to buying Legendary Pictures Productions LLC, while Portugal has begun approaching a number of Spanish banks to gauge their interest in buying the country's recently established bank Novo Banco.

  • September 30, 2014

    UnitedHealth Snaps Up Texas Management Firm MedSynergies

    UnitedHealth Group Inc. said Tuesday its health services unit Optum is buying Texas-based MedSynergies Inc., a provider of medical practice management services, in a deal with undisclosed terms that will extend the insurance company’s reach into the integrated health care service industry.

  • September 30, 2014

    Electronics Case Maker Wants Eclipse Patents Ruled Invalid

    Electronics case maker Incase Designs Corp. hit nonpracticing entity Eclipse IP LLC with a lawsuit in California federal court on Monday, saying it was responding to threats of litigation over its online ordering system and seeking a declaration that three of Eclipse’s patents are invalid and not infringed.

  • September 30, 2014

    IRS Data Release Format Violates FOIA, Group Says

    Government transparency advocates on Monday asked a federal court to compel the IRS to produce electronic documents under the Freedom of Information Act in a machine-readable format that the agency says it cannot accommodate for privacy and budgetary reasons.

  • September 30, 2014

    Samsung IT Unit Set For $1.1B IPO As Parent Restructures

    Samsung SDS Co. Ltd., the information technology services unit of Samsung Group, set terms Tuesday for an up to 1.16 trillion won ($1.1 billion) initial public offering as it seeks to expand overseas amid parent Samsung Group’s high-profile restructuring.

  • September 30, 2014

    Dealmakers Q&A: O’Melveny’s Jennifer DePalma

    As we see more startup activity related to health care information technologies, we will also see a convergence with financial technology companies that will seek to help health care consumers meet their financial needs in a world of higher deductibles and higher out-of-pocket costs, says Jennifer DePalma of O'Melveny & Myers LLP.

  • September 29, 2014

    Roy-G-Biv, ABB Settle Patent Case After Rare AIA Review

    Roy-G-Biv Corp. and engineering company ABB Inc., which were embroiled in a software patent infringement dispute that led to a landmark inter partes review finding, told a Texas federal court Monday that they agreed to settle the litigation and dismiss all claims with prejudice.

  • September 29, 2014

    Neustar Highlights Cyber Risks To Sway $446M Phone Contract

    Neustar Inc., which is on the verge of losing a $446 million contract for routing millions of phone calls and text messages in the United States, said Monday that the federal government failed to properly consider the cybersecurity risks of switching the contract to a Swedish-owned competitor. 

  • September 29, 2014

    FTC's Brill Says Attys Too Involved In New Privacy Notices

    Federal Trade Commissioner Julie Brill on Monday urged technologists and other "creative people" to play a larger role in developing innovative privacy disclosures for emerging technologies such as Web-connected devices, saying she was concerned that lawyers are doing too much to shape the discussion.

  • September 29, 2014

    K&L Gates Disputes Alleged Conflict In IP Suit, But Bows Out

    K&L Gates LLP on Monday called allegations that it had represented both sides in a California patent infringement suit "baseless," but agreed to withdraw from the case to avert a disqualification battle.

  • September 29, 2014

    Foundry Exec's Betrayal Triggered Inside Trades, Feds Say

    Former Foundry Networks Inc. executive David Riley “betrayed” the technology company and its shareholders by tipping a hedge fund analyst about its 2008 merger with Brocade Communications Systems Inc., a U.S. prosecutor said on Monday at the close of trial.

  • September 29, 2014

    Microsoft Loses Bid For AIA Review Of Web Conference Patent

    The Patent Trial and Appeal Board refused Monday to review under the America Invents Act a patent covering video conference encryption technology that has been asserted against Microsoft Corp.'s Skype and Apple Inc.'s FaceTime, ruling that Microsoft had failed to show the patent was likely invalid.

Expert Analysis

  • And Now A Word From The Panel: ABCs Of JPML Practice

    Alan E. Rothman

    This week, as the Judicial Panel on Multidistrict Litigation embarks on a rare October hearing, we cannot resist mentioning an intriguing MDL petition that involves local rules governing attorney admission and several lawsuits naming members of the federal judiciary — including a JPML member who is also a D.C. district court judge, says Alan Rothman of Kaye Scholer LLP.

  • Antitrust And Cybersecurity — Still A Long Way To Go

    Anne Rodgers

    Currently pending before Congress are several pieces of proposed legislation aimed at improving cybersecurity efforts. But they are proposals that likely lack the force necessary to allay the private sector’s concerns about information sharing and potential exposure to antitrust and other liability, say attorneys with Norton Rose Fulbright.

  • How 9th Circ. B&N Case May Impact Website Terms Of Use


    As the Ninth Circuit’s recent opinion in Nguyen v. Barnes & Noble Inc. demonstrates, for online service providers seeking to minimize the risk that the provisions in their terms of use will be declared unenforceable, the click-through agreement is a much safer bet than the browsewrap agreement, say attorneys with Latham & Watkins LLP.

  • The New-Value Defense, Section 503(b)(9) Debate Continues

    Debora Hoehne

    The overlap of Section 503(b)(9) of the Bankruptcy Code and the new-value defense gives rise to an interesting question, and the Eastern District of Virginia has been clarifying the law in this area, including most recently in Siegel v. Sony Electronics Inc. — related to the Circuit City Stores Inc. bankruptcy. However, case law on this topic remains unresolved, says Debora Hoehne of Weil Gotshal & Manges LLP.

  • Fed. Circ. Intel Case Shows Perils Of Co-Owning Patents

    Matthew Siegal

    The Federal Circuit's recent decision in STC.UNM v. Intel Corp. provides patent co-owners a stark reminder that they should clearly and carefully identify their rights and obligations with respect to the co-owned patent — or face surprises, says Matthew Siegal of Stroock & Stroock & Lavan LLP.

  • Adobe Data Breach Ruling Gives New Hope To Plaintiffs

    Michael Buchanan

    A California federal court's recent decision in the Adobe Systems Inc. privacy litigation is significant. Before this opinion, only one other court had ruled that Article III standing exists without allegations of actual misuse of breached information, say attorneys with Patterson Belknap Webb & Tyler LLP.

  • IP Exchange International — The Good, The Bad, The Ugly

    Rodney Miller

    Intellectual Property Exchange International Inc. offers a novel approach for monetizing and licensing a patent portfolio. But with only three offerings available to date, uncertainties remain over its ultimate success in balancing the competing interests of patentees and potential purchasers, say Mitch Stockwell and Rodney Miller of Kilpatrick Townsend & Stockton LLP.

  • 1099ers Exposing Startups, PE Firms To Costly Liability

    Richard J. Reibstein

    Even when well-structured independent contractor relationships survive legal scrutiny under federal labor, tax or benefit laws, the 1099 model may not pass muster under the crazy quilt of state independent contractor laws. And private equity firms and investors do not conduct the level of due diligence they should before investing in 1099-model startups, say attorneys with Pepper Hamilton LLP.

  • Opportunities And Pitfalls In The Legal Cloud

    David Houlihan

    Like "big data" and other effective software marketing buzzwords, “cloud” makes something that is very complex sound simple — and even friendly. Most attorneys are not prepared to dig into the distinctions between public, private and hybrid cloud models, or the niceties of how or where their data is transmitted and stored, says David Houlihan of Blue Hill Research Inc.

  • Patent Exhaustion 1 Year After Kirtsaeng

    Alicia Carney

    Although the sample size of cases is presently small, it appears that last year's U.S. Supreme Court decision in Kirtsaeng v. John Wiley & Sons Inc. has at least weakened patent exhaustion's territorial requirement, says Alicia Carney of Fisch Sigler LLP.