• January 29, 2015

    Sony Coverage Denial Was Right Call, Insurance Groups Say

    A pair of insurance industry groups on Wednesday urged a New York appellate court to uphold a lower court's groundbreaking decision to free two insurers from covering the infamous PlayStation Network data breach, contending that a ruling in Sony's favor would conflict with longstanding legal precedent.

  • January 29, 2015

    Cablevision Sues Verizon Over 'Fastest Wi-Fi' Ads

    Cablevision Systems Corp. on Thursday hit rival Verizon Communications Inc. with a false advertising suit in New York federal court, alleging Verizon’s recent advertising in the New York area promising the “fastest Wi-Fi” is a deliberate falsehood meant to undercut Cablevision’s business.

  • January 29, 2015

    FTC Report Raises Stakes For 'Internet Of Things' Regulation

    The Federal Trade Commission earlier this week released a long-awaited report detailing its privacy and security expectations for companies that develop devices connected to the "Internet of Things," a move that not only lays the groundwork for stepped-up enforcement by the regulator but also provides fodder for a heated debate over ways to legislate the emerging technology.

  • January 29, 2015

    Protegrity Gets Flak For Bid To Centralize Patent Battles

    Protegrity Corp. argued before the U.S. Judicial Panel on Multidistrict Litigation on Thursday to consolidate nearly 20 patent infringement cases in Connecticut federal court, but continued to face opposition on both the consolidation front and choice of venue.

  • January 29, 2015

    Alice Helps Mercedes Land Driver Impairment Patent Win

    An Illinois federal judge on Thursday granted victory to Mercedes-Benz USA LLC in an intellectual property battle with Vehicle Intelligence and Safety LLC, ruling that a patent claim for detecting driver impairment was merely an abstract idea under the U.S. Supreme Court's Alice standard.

  • January 29, 2015

    Judge Slams Timing Of Plea To Update Zynga IP Claims

    A California federal judge on Thursday bashed technology development company Segan LLC's bid to update allegations that Zynga Inc.'s online games infringed a network-display patent, saying it “doesn't seem fair” for Segan to change its infringement theories so soon before the case's summary judgment phase.

  • January 29, 2015

    Juror Bias Claim Rejected In Emblaze-Apple IP Battle

    A California federal judge on Thursday rejected Israeli software firm Emblaze Ltd.’s attempt to undo a jury’s verdict that Apple Inc. didn’t induce ESPN Inc., Major League Baseball and others to infringe Emblaze’s video live-streaming technology, ruling there was no evidence the jury foreman was biased.

  • January 29, 2015

    SanDisk Wins Jury Verdict In Patent Dispute With Round Rock

    A Delaware federal jury on Wednesday found that two patents held by patent holding company Round Rock Research LLC covering flash drives and memory cards were invalid, following an eight-day trial in a patent infringement case against SanDisk Corp.

  • January 29, 2015

    Market Rumors: Spotify, Aena, Travelex

    Music streaming service Spotify is seeking private funding, a move that could delay its anticipated IPO by another year, while Spanish airport operator Aena may be on track for a bumpy debut, with labor unions calling for a 25-day strike to protest the IPO.

  • January 29, 2015

    Industry Groups Push Senate To Pass Cybersecurity Bill

    A slew of industry groups from the insurance, banking and other sectors have pressed Congress to advance a cybersecurity bill that will boost the sharing of threat information between the private and public sectors, saying the bill will protect businesses from frivolous litigation they may face after taking action to mitigate cyberattacks.

  • January 29, 2015

    $40B Alibaba Spinoff Could Make Yahoo An Attractive Target

    Yahoo Inc.'s move this week to spin off its $40 billion stake in Alibaba Group Holding Ltd. hinted at the company's direction going forward, but also invited a battery of new questions over what's next — including the buzzed-about possibility the company itself could land on the selling block.

  • January 29, 2015

    USPTO Wrongly Rejected Digital Camera IP, Fed. Circ. Says

    The Federal Circuit on Thursday reversed the U.S. Patent and Trademark Office's rejection of a patent application covering the transmission of digital camera information, saying the patent office lacked enough evidence to support its finding and attempted to introduce an argument for rejection on appeal.

  • January 29, 2015

    FTC Strikes Down AgeCheq's 2nd COPPA Consent Proposal

    The Federal Trade Commission on Thursday rejected AgeCheq Inc.'s second attempt to craft an alternative method for obtaining verifiable parental consent under the Children's Online Privacy Protection Act rule, saying the proposal did not offer a reasonable guarantee that the person providing consent was actually the child's parent.

  • January 29, 2015

    January Brings Clarity To Some Of 2014's Buzziest M&A Moves

    Deal-makers breezed into January with a slew of new deals to keep the marketplace churning, in the meantime tying off some of last year's most contentious, highest-profile and closely tracked transactions. Here, Law360 reviews big-ticket deal plays resolved in January.

  • January 29, 2015

    SEC Says E-Smart CEO Liable For Control Failures

    The U.S. Securities and Exchange Commission urged a Washington, D.C., federal judge Thursday to hold the CEO of accused fraudster E-Smart Technologies Inc. liable for alleged internal control failures, arguing the company had conceded the failures in a regulatory filing.

  • January 29, 2015

    Adobe Says Forever 21 Is Pirating Photoshop

    Adobe Systems Inc. and two other software developers accused retail giant Forever 21 on Wednesday of illegally reproducing copies of Photoshop and other programs, violating the companies’ copyrights.

  • January 29, 2015

    FCC Toughens 'Broadband' Internet Standard

    The Federal Communications Commission voted on Thursday to update its definition of “broadband” Internet, a move that’s been supported by Netflix and public advocates but strongly opposed by Internet service providers.

  • January 29, 2015

    US Businesses Slam 'Intrusive' Chinese Cybersecurity Rules

    A coalition of U.S. business groups on Wednesday took a firm stand against Chinese cybersecurity rules requiring foreign technology companies to hand over highly sensitive source codes to their banking sector clients, blasting the measures as an “intrusive” obstacle to innovation and competition.

  • January 28, 2015

    Cypress Loses 2nd Bid To End SRAM Monopoly Suit

    A California federal judge on Tuesday refused to end computer data storage device maker GSI Technology Inc.'s lawsuit accusing rival Cypress Semiconductor Corp. of conspiring to monopolize the static-RAM memory market, saying GSI was not barred by the statute of limitations.

  • January 28, 2015

    Microsoft, AmEx Urge Senate To Back Cyber Info-Sharing

    Officials from Microsoft Corp. and American Express Co. urged a Senate panel Wednesday to back legislation to help them share cyberthreat information with the federal government and other companies, saying they believed privacy and security concerns about data sharing could be ironed out.

Expert Analysis

  • Exploring The Nondiscriminatory Aspect Of RAND Licensing

    Edward Gold

    The challenge of determining royalty rates and other licensing terms for standard-essential patents that can be accepted as reasonable and nondiscriminatory has recently come into sharper focus. But despite the recent court decisions, no formal definitions of “nondiscriminatory” exist in the context of RAND, say Edward Gold and Scott Weingust of Stout Risius Ross Inc.

  • Key Questions When Selecting E-Discovery Vendors

    David Houlihan

    While e-discovery remains a critical pain point in litigation, the "solutions" supporting its processes continue to evolve. In order to help organizations navigate the sea of options, we conducted research with 21 organizations across e-discovery market segments to understand the factors involved in successful e-discovery investments, says David Houlihan of Blue Hill Research Inc.

  • A 1st Look At Potential Reach Of 2nd Circ. Newman Decision

    Harry Sandick

    A New York federal judge recently vacated previously accepted guilty pleas in U.S. v. Conradt, an insider trading prosecution brought under the “misappropriation” theory. There is now an increased likelihood that the Second Circuit’s decision in U.S. v. Newman will be read by other judges to apply to cases brought under both the classical and misappropriation theories, say attorneys with Patterson Belknap Webb & Tyler LLP.

  • The Trouble With Commil Is DSU

    Brian Coggio

    The Federal Circuit's decision in Commil USA LLC v. Cisco Systems extends DSU’s holding — that a good-faith belief in noninfringement negates the intent requirement of § 271(b) — to a good-faith belief in a patent’s invalidity. But it is not clear that, in the cases relied upon by DSU, an intent to induce actionable infringement is required in the first instance, say Brian Coggio and Ron Vogel of Fish & Richardson PC.

  • Invoice Intercepted: A New Form Of Wire Fraud

    Jeffrey Rosenfeld

    A new scam has arisen in a sordid line of wire fraud scams. What makes this email scheme particularly pernicious is that the victims often do not realize they have been scammed out of thousands of dollars until days, if not weeks, after the scam has occurred, after they have lost their money, and after the perpetrator is long gone, says Jeffrey Rosenfeld of Kronenberger Rosenfeld LLP.

  • When Scientific Research Becomes False Advertising

    Sandra Edelman

    Publicizing the results of scientific research in advertising or promotional material may enhance a company’s reputation or increase product sales, but it is important to do so carefully. The Fifth Circuit's recent decision in Eastman Chem. Co. v. PlastiPure Inc. demonstrates that the use of scientific research can lead to liability for false advertising under the Lanham Act, says Sandra Edelman of Dorsey & Whitney LLP.

  • China's Draft Foreign Investment Guidance Is Encouraging

    Woon-Wah Siu

    The draft of China's new Foreign Investment Guidance Catalogue lifts restrictions on foreign investment in dozens of service and general manufacture industries and would relax Chinese ownership requirements. Although foreign investors still would have to operate in some of these industries through Sino-foreign joint ventures, control by the Chinese partners would no longer be required, say Woon-Wah Siu and Liang Tao of Pillsbury Wi... (continued)

  • A Data Security Checklist For Companies Hiring Law Firms

    Jenn Topper

    We trust our law firms with huge amounts of data, whether in or out of discovery, investigations or litigation. All too often, we have relied on privilege, confidentiality and attorney ethics as a proxy for data protection and information security. But in fact, law firms ought to be held to a much more stringent standard — and in-house counsel would be wise to begin with a number of specific inquiries, says legal industry consultan... (continued)

  • New Considerations For File Wrapper Estoppel

    Michael Ye

    A potential good-news, bad-news story would be a patent owner granted denial of a patent challenger’s inter partes review petition at the Patent Trial and Appeal Board, but later faced with a reduced scope of claim coverage because of statements it made in the preliminary response or otherwise in the proceeding, say attorneys with Andrews Kurth LLP.

  • What Legal Departments Can Expect If Buying Into E-Billing

    David Houlihan

    Recent interviews with law departments in eight companies — ranging from $600 million to $70 billion in annual revenue, and spanning the financial services, telecommunications, hospitality, software and discrete manufacturing industries — reveals that e-billing and "spend management solutions" offer some of the clearer business cases for technology investment by an organization’s legal department, says David Houlihan of Blue Hill Research Inc.