• July 24, 2014

    GoDaddy Users' Domain Names Ruled Too Close To Oscars Marks

    The Academy of Motion Picture Arts & Sciences, which presides over the yearly film awards known as the Oscars, won a bid on Thursday to have 88 Web domain names registered to users of GoDaddy Inc. declared confusingly similar to its own trademarks, according to an order filed in California federal court.

  • July 24, 2014

    Nortel's US Arm Strikes $1B Bondholder Interest Cap Deal

    The U.S. unit of the bankrupt Canadian Nortel Networks Inc. submitted a settlement deal Thursday that will cap at just over $1 billion the amount of interest the telecommunications company’s bondholders can collect on their holdings, according to a filing in Delaware federal court.

  • July 24, 2014

    TSMC Must Detail Trade Secrets In Fraud Claim Against Tela

    Taiwan Semiconductor Manufacturing Co. Ltd. must add specific details about the trade secrets Tela Innovations allegedly misappropriated for its own patent applications in order for TSMC’s fraud claim to survive, a California federal judge ruled Thursday.

  • July 24, 2014

    Brazilian Telecom Giant Fined $1.6M For Online Tracking

    Brazil's consumer protection regulator has fined the country's telecom powerhouse Oi SA 3.5 million reais ($1.59 million) for allegedly failing to notify Internet users that their browsing activities would be tracked and sold to third-party advertisers, the Brazilian government said Wednesday.

  • July 24, 2014

    DOJ Pushes Congress To Make Illegal Streaming A Felony

    The U.S. Department of Justice repeated on Thursday previous administration requests that lawmakers push illegal online streaming of copyrighted content from a misdemeanor to a felony — notably, a provision that was part of the highly controversial and unsuccessful Stop Online Piracy Act.

  • July 24, 2014

    Big Statutory Fines Kill Innovation, Help Trolls: Tech Cos.

    The tech industry's lobbying group told a congressional panel Thursday that steep statutory damages available under copyright law were chilling innovation and empowering so-called copyright trolls.

  • July 24, 2014

    Judge Mulls 'Discount' Clause In $450M Apple E-Books Deal

    A New York federal judge on Thursday cast doubt on Apple Inc.'s proposed $450 million e-books antirust settlement with the government, saying a provision of the deal that may result in Apple paying significantly less money depending on the outcome of an appeal could be unfair to consumers.

  • July 24, 2014

    Twitter, Yahoo Lead MDL Fee Fight Against Patent Cos.

    Twitter Inc., Yahoo Inc. and a slew of other defendants in multidistrict litigation over patents being asserted by two patent-holding companies asked an Illinois federal court to declare the case “exceptional” in a bid to shift the suit’s fees, saying the patent holders triggered costly and unnecessary litigation.

  • July 24, 2014

    Grand Jury Charges TelexFree Heads With Pyramid Scheme

    A federal grand jury in Massachusetts on Wednesday charged the owners of bankrupt TelexFree Inc. with fraud and conspiracy in connection with the purported Internet telephone service company that authorities and investors contend was little more than a $1.1 billion pyramid scheme.

  • July 24, 2014

    Sex-Neutral Acts Can Back Verizon Worker's Suit: 2nd Circ.

    The Second Circuit revived a woman's lawsuit against a Verizon subsidiary over allegations she was subjected to sexual harassment, discrimination and retaliation, ruling Thursday that the lower court ignored that sex-neutral acts could be part of an overall hostile work environment.

  • July 24, 2014

    Fed. Circ. Says ITC Can Decline Nokia Infringement Argument

    The Federal Circuit ruled Thursday that the U.S. International Trade Commission does not have to let Nokia Inc. present an argument that it didn't infringe patented wireless technology, despite a previous order that a dissenting justice says obligates the commission to hear Nokia's contention.

  • July 24, 2014

    Samsung, Others Say Wiretap Act Not Germane To Data MDL

    Carrier IQ Inc., HTC Corp. and Samsung Electronics Co. Ltd. on Wednesday asked a California federal judge to toss multidistrict litigation accusing them and other telecom companies of illegally collecting consumers’ data off their phones, arguing Wiretap Act claims simply don’t hold up under scrutiny.

  • July 24, 2014

    Deals Rumor Mill: BSkyB, SodaStream, Islandsbanki

    BSkyB plans to unveil a multibillion-euro bid deal early Friday to buy Rupert Murdoch's assets in Italy and Germany, while SodaStream is mulling a roughly $828 million take-private deal with an investment firm.

  • July 24, 2014

    DLA Piper Gets $1.1M Negligence Judgment Axed In Texas

    A Texas appeals court on Wednesday reversed a $1.1 million judgment against DLA Piper, finding that the former majority shareholder of defunct security technology company IdentiPHI Inc. lacked standing to pursue his claims against the firm.

  • July 24, 2014

    Apple Illegally Tracks Customer Location, Class Action Says

    Apple Inc. was hit Thursday with a proposed class action accusing it of tracking iPhone users’ whereabouts without their permission, following a report from China’s state-owned broadcaster that data-tracking functions in smartphone software will pose a threat to the country’s national security.

  • July 24, 2014

    Google Dodging Disclosure In Patent Row, Rockstar Says

    Rockstar Consortium LP, a patent-licensing group backed by tech giants including Apple Inc. and Microsoft Inc., urged a Texas federal judge to reject prior art references by Google intended to invalidate the seven asserted patents, saying that Google's tactic violates discovery rules.

  • July 23, 2014

    Jury In Fujitsu Patent Row Hands Victory To Tellabs

    An Illinois federal jury on Wednesday decided that Fujitsu Network Communications Inc. breached an agreement that it was willing to grant a license of its patent covering optical communications systems, giving Tellabs Inc. a victory in the companies' long-running infringement battle.

  • July 23, 2014

    Twitter, Others Dodge TQP's Encryption Patent Suits

    A Texas federal judge on Wednesday tossed two infringement suits that patent-holding company TQP Development Inc. lodged against Twitter Inc., LinkedIn Corp., Hertz Corp. and others over a patent covering data encryption technology, ruling TQP had to seek their dismissal pursuant to settlement agreements.

  • July 23, 2014

    FTC Commissioner Calls For Balanced Approach To 'Big Data'

    Federal Trade Commissioner Maureen Ohlhausen urged her colleagues to take a “humble regulatory approach” to tackling the privacy concerns raised by the aggregation and analysis of large data sets that takes into account both the benefits and the risks of big data initiatives.

  • July 23, 2014

    Canada Telecom Co. Taking Atlantic Unit Private In $4B Deal

    Canada’s largest telecommunications company is taking its affiliate Bell Aliant private in a $4 billion deal that will give shareholders and 10 percent premium on their shares, the company said Wednesday.

Expert Analysis

  • Peregrine Puts Hired-To-Invent Issues In Spotlight

    Michael Bunis

    Do you think your employees are hired to invent? A California federal judge's recent ruling in Peregrine Semiconductor Corp. v. RF Micro Devices Inc. serves as a reminder that oral agreements are insufficient and employees who perform general engineering, development or other activities will likely fall outside the scope of the hired-to-invent doctrine, say Michael Bunis and Vanessa Arslanian of Choate Hall & Stewart LLP.

  • Litigator’s Perspective: 5 Tips On Arbitration Provisions

    Daniel T. McCloskey

    It happens all the time. When a dispute arises, two parties find themselves in arbitration, realizing that they might have had more leverage to dictate the terms of the process when they were negotiating the arbitration provision — but missed the opportunity, says Daniel McCloskey of Duane Morris LLP.

  • 6 Years In, Why Haven't FRE 502(d) Orders Caught On?

    John A. Rosans

    In this e-discovery era, why aren't more litigants using Federal Rule of Evidence 502(d) orders and affording themselves basic protection of their most sensitive information? Or, if they are moving for such orders, why are they doing it wrong? asks John Rosans of Katten Muchin Rosenman LLP.

  • Trial-Ready In 180 Days: Prepare For SDNY's Rocket Docket

    Isaac S. Greaney

    A growing trend in the Southern District of New York akin to a sua sponte rocket docket can provide defendants with an opportunity to set the tone of discovery and shift the burden and risks of the schedule to their adversaries, say Isaac Greaney and Jackie Lu of Sidley Austin LLP.

  • A 12-Point Patent Monetization Plan

    Stephen Glazier

    A recent Delaware decision acknowledges that there may be an affirmative duty of officers and directors of a corporation to monetize the corporation’s intellectual property. Fortunately, there are steps available to manage this risk that are also profitable business strategies, says Stephen Glazier of Akerman LLP.

  • Keys To IP Collaborations With Universities: Part 1

    Lance Anderson

    Despite the benefits of working with academia, there remain significant distinctions in the core missions between research institutions and for-profit companies. Without understanding these distinctions, for-profit companies often run the risk of frustrating relationships, or worse, compromising their own intellectual property positions, say attorneys with Greenberg Traurig LLP.

  • Powerful Tools For Discovery And Litigation Strategy

    Nathalie Hofman

    Analytics offer opportunities for refining both discovery strategy and overall litigation strategy by providing information to support better informed decisions. As an added bonus, they can result in significant cost savings, say Nathalie Hofman and Carolyn Southerland of Huron Consulting Group Inc.

  • Data Breach Dismissals Continue Post-Clapper

    David M. Brown Jr.

    In re Science Applications International Corp. Backup Tape Data Theft Litigation reinforces the trend among federal courts in the aftermath of the U.S. Supreme Court's ruling in Clapper v. Amnesty International USA that the loss of data and increased risk of indentity theft from data breaches do not constitute injury, says David Brown Jr. of Montgomery McCracken Walker & Rhoads LLP.

  • PRISM Scatters Attorney-Client Privilege

    Any attorney sending or storing confidential client information or privileged communications via the cloud may be knowingly exposing those communications to scrutiny by the U.S. government via programs such as the National Security Agency’s PRISM — and arguably, even waiving any claim of privilege as a result, say attorney Thomas Mullaney and Vaultive CEO Elad Yoran.

  • Ambiguities Remain Despite 9th Circ. AU Optronics Ruling

    Robert E. Bloch

    Unfortunately, the Foreign Trade Antitrust Improvements Act does not provide much guidance on how “direct” an effect on U.S. commerce must be for it to come within the scope of the Sherman Act, and subsequent case law — including the recent Ninth Circuit AU Optronics ruling — has not settled the issue, say attorneys with Mayer Brown LLP.