Overall
Key cases
Industries
Intellectual Property
Labor & Employment
Corporate
Practice Areas
Technology
Follow Technology Law360
-
December 4, 2013
Google On Defensive In Oracle's Java Appeal At Fed. Circ.
The Federal Circuit on Wednesday pressed Google Inc. to explain why a lower court did not err in ruling that its Android mobile operating system hadn't infringed Oracle's copyrighted Java software, while Oracle accused Google of taking its protected code to obtain a dominant position in the smartphone market.
-
December 4, 2013
Sony Settlement Docs Barred In LCD Cartel Suit
A California federal judge on Wednesday ruled that documents related to a settlement agreement HannStar Display Corp. reached with two Sony Corp. units in multidistrict litigation over the alleged price-fixing of liquid crystal display panels are inadmissible, refusing to find that HannStar breached the agreement.
-
December 4, 2013
IBM Beats Inventor’s 'Bookmark' Secrets Suit In 9th Circ.
The Ninth Circuit on Wednesday refused to revive an inventor's claims that IBM Corp. stole trade secrets related to his software feature called “Bookmark,” finding his case time-barred because he didn't prove that his mother was unaware of the alleged theft when she owned the IP rights.
-
December 4, 2013
DOD Picks 7 Cos. For $4B Anti-WMD Research Contract
Seven defense contractors have received a maximum $4 billion multiple-award contract to conduct research and technology development for the U.S. Department of Defense’s anti-weapons of mass destruction initiatives, the DOD announced Tuesday.
-
December 4, 2013
SEC's Courtroom Cred Slips As Trial Losses Mount
The U.S. Securities and Exchange Commission's trial loss on Monday against an executive at government website contractor NIC Inc. comes less than two months after a jury cleared Dallas Mavericks owner Mark Cuban of insider trading, reigniting questions about the agency’s courtroom chops.
-
December 4, 2013
Citibank Wins Bid To Keep $73M Fraud Suit In Federal Court
A New York federal judge on Tuesday rejected Korean technology firm Simmtech Co. Ltd.’s motion to remand to state court its $73 million fraud suit accusing Citibank NA of duping Simmtech into investing in derivatives contracts to hedge against currency fluctuations by hiding risks.
-
December 4, 2013
Goldman Is Liable For Failed Buyout, Dragon Founders Says
The former owners of speech technology firm Dragon Systems Inc. asked the First Circuit on Wednesday to revive their allegations that Goldman Sachs & Co. failed to assess the stability of a company buying out Dragon, arguing that Goldman’s conduct was egregious enough to warrant liability.
-
December 4, 2013
Google Escapes, Yahoo Remains In Sponsored Ads Suits
A California federal judge on Wednesday dealt a substantial blow to online auto parts retailer Parts.com's trademark infringement campaign against search giants Google Inc. and Yahoo Inc. over sponsored advertisements, dismissing the retailer's lawsuit against Google completely and leaving intact only one claim in its suit against Yahoo.
-
December 4, 2013
Icahn Urges Investor Vote On Scaled-Down Apple Buyback
Carl Icahn is pushing for a shareholder vote on his proposal for Apple Inc. to beef up its buyback initiative, though the billionaire said Wednesday he has backed off his calls for the tech giant to pursue a record-setting $150 billion repurchase program.
-
December 4, 2013
9th Circ. Won't Revive Cybersquatting Suit Against GoDaddy
The Ninth Circuit on Wednesday shut down a bid by Malaysia’s national oil company to revive its trademark infringement suit against Internet domain registrar GoDaddy Inc., finding that the Internet domain registrar can’t contribute to so-called cybersquatting simply by performing its regular services.
-
December 4, 2013
$130B Verizon-Vodafone Deal Gets Green Light From FCC
Federal regulators have approved a $130 billion deal between Verizon Communications Inc. and joint venture partner Vodafone Group PLC that will allow Verizon to gain full control of Verizon Wireless, the company said Wednesday.
-
December 4, 2013
EU Regulators Urge Swift Action On Data Protection Reform
European Union privacy regulators on Wednesday pushed for the adoption of a sweeping data-protection reform proposal before the May 2014 parliamentary elections, as EU justice ministers prepare to meet Friday to hold discussions that will likely determine if the deadline can be met.
-
December 4, 2013
LG, Consumers Sent To Mediate Washer Defect Action
A New Jersey federal judge ordered LG Electronics USA Inc. and a group of consumers into mediation on Monday in a proposed class action over the company's washing machines, which allegedly have a design defect that causes them to grow moldy.
-
December 4, 2013
OCZ Technology Gets Interim Nod For $23.5M DIP
A Delaware bankruptcy judge blessed a slate of first-day motions for OCZ Technology Group Inc. on Wednesday, including approval of a $23.5 million debtor-in-possession financing package that will keep the computer drive maker running as it pursues a Section 363 sale with stalking horse bidder Toshiba Corp.
-
December 4, 2013
RealTime Asks Fed. Circ. To Revive Data Tech Patent Case
Software company RealTime Data LLC urged a Federal Circuit panel on Wednesday to revive its case alleging a slew of investment banks, securities exchanges and financial publications infringed on its data-compression technology patents, claiming the lower court misconstrued key patent terms.
-
December 4, 2013
LG, Nokia Can't Dodge ITC Probe Over Smartphone Chips
An administrative judge for the U.S. International Trade Commission rejected LG Electronics Inc., Nokia Corp. and others’ efforts to toss an investigation over whether their smartphones infringe Tela Innovations Inc. patents because of a dispute over material facts, according to an order published Tuesday.
-
December 4, 2013
Comcast, AT&T Win Fees From 'Porn Troll' Prenda
An Illinois federal judge last week became the latest to attack now-defunct so-called porn troll Prenda Law for its notorious campaign of porn-linked copyright litigation, hitting the company with massive new fines for dragging Comcast and AT&T into court on “baseless” claims.
-
December 4, 2013
Google Beats Suit Over Privacy Policy A 2nd Time
A California federal judge on Tuesday axed for the second time a proposed class action accusing Google Inc. of violating privacy laws by aggregating users’ data across its platforms, but gave the plaintiffs one more chance to fix their complaint.
-
December 4, 2013
Deals Rumor Mill: GM, Essex Property, Men's Wearhouse
General Motors Co. will shed the last of its stake in former lending unit Ally Financial Inc. in a placement worth $900 million, while Men's Wearhouse — itself on a buyout hunt — is closing in on a deal that would send its discount clothing unit to Sycamore Partners.
-
December 4, 2013
SBA Puts Up $645M For More Brazilian Telecom Towers
SBA Communications Corp. said Wednesday it will pay $645 million for more than 2,000 wireless towers in Brazil, a country that has drawn a surge of buyer interest as it prepares to play host to the 2014 World Cup and 2016 Olympic Games.
Expert Analysis
-
Thoughts On DOD Rules For Cybersecurity, Supply Chain Risk
Given the dim prospects for enactment of comprehensive cybersecurity legislation in the current political environment, the U.S. Department of Defense's new requirements for contractors are an important part of the Obama administration’s efforts to use the government’s procurement power and existing regulatory authorities to increase the cybersecurity of the companies on which the U.S. government relies, say attorneys with Arnold & Porter LLP.
-
And Now A Word From The Panel: Too Hot Or Cold For An MDL?
What is the thinking as to whether leaky air conditioner cases warrant multidistrict litigation treatment? On Dec. 5, the Judicial Panel on Multidistrict Litigation heads to Vegas to find out. This will bring a temperature shift in more ways than one from the September hearing, where the panel considered a potential MDL proceeding arising from allegedly defective clothes dryers, says Alan Rothman of Kaye Scholer LLP.
-
Fed. Circ. Should Clarify Irreparable Harm In Patent Cases
In Broadcom v. Emulex, the Federal Circuit hewed closely to its old bias in favor of injunctions. Its facile reasoning bodes well for patentees in future cases, but departs from its recent, less plaintiff-friendly decisions establishing a “causal nexus” requirement in the battle between Apple Inc. and Samsung Electronics Co. Ltd. Failure by one panel to follow the holding of another panel of the same court is error, say attorneys with Day Pitney LLP.
-
Calif. Case Limits Health Care Data Breach Claims
A recent California appeals court decision provides a benchmark for plaintiffs to plead and prove claims under the California Medical Information Act that is consistent with prior nonhealth-care decisions. Plaintiffs must do more than plead mere loss of data, say attorneys with Morrison & Foerster LLP.
-
Mild Modifications To The R&D Tax Credit
Although the bones of the R&D tax credit have not changed substantially over time, there have been small revisions legislatively and further clarification provided by court rulings. The latest extension of the credit — in effect until Dec. 31, 2013 — includes changes around the rules for taxpayers under common control and rules for computing the credit when a portion of a trade or business changes hands, says Jacqueline Lee, tax director at Baker Tilly Virchow Krause LLP.
-
Valuing FRAND-Obligated Patents: An Emerging Consensus
A consensus on both the methodology for calculating a fair, reasonable and nondiscriminatory royalty and the unavailability of injunctive relief to FRAND-obligated patent holders is emerging, at least in federal district court and at the U.S. International Trade Commission. The current trend may require FRAND-obligated patent holders to re-examine and temper their licensing demands, says Stan Lewis of Baker Botts LLP.
-
Computer Use Policies May Be Grounds For CFAA Claims
A fierce debate has now emerged over whether the phrase "exceeds authorized access" in the Computer Fraud and Abuse Act applies to violations of internal computer use policies. With circuits lining up on both sides of the argument, it appears that this issue may be ripe for a decision by the U.S. Supreme Court, say Brandon Krajewski and Steven Berryman of Quarles & Brady LLP.
-
What You Should Know About DOD's Cybersecurity Rule
Although the U.S. Department of Defense's recently issued final rule addressing how DOD contractors and subcontractors must safeguard unclassified technical information on their corporate information systems narrows a 2011 proposed rule, it still has wide applicability to private sector information systems where DOD technical information is stored or transmitted, say attorneys with WilmerHale.
-
4 Ways To Protect Your Brand During GTLD Expansion
Four precautionary measures that are neither expensive nor time-consuming to execute could mean the difference between coasting through the new Internet name space expansion or becoming embroiled in tough, uncharted legal waters, says Mark Stein of Higer Lichter & Givner LLP.
-
China Must Double-Down On Trade Secret Protection
It is premature to call the ruling in Eli Lilly v. Huang a landmark decision — too many hurdles remain for multinational companies to become complacent about protection of trade secrets in China. But the country's new law allowing preliminary injunctions to stop infringement is an encouraging step forward, say Richard Grams and Allan Goldner of Benesch Friedlander Coplan & Aranoff LLP.