Technology

  • October 17, 2014

    Brand Battles: Apple Fights To Register 'Siri' Trademark

    In Law360's latest roundup of new actions at the Trademark Trial and Appeal Board, rival guitar makers accuse Gibson of trying to monopolize electric guitars with a dubious trademark registration, the NFL hints that it might put up a fight against efforts to re-register the name of the long-dead XFL and Apple appeals to the board after being refused a "Siri" registration.

  • October 17, 2014

    Alioto Fee Fight Won't Delay $1.1B LCD Deal, Judge Says

    A California federal judge on Friday refused to halt the $1.1 billion settlement in a multidistrict litigation over price-fixing on liquid crystal displays while lender LFG National Capital LLC awaits final judgment in a separate suit seeking a $31.1 million loan repayment from the plaintiffs' attorney.

  • October 17, 2014

    Privacy Regulators Unite In Push For Big Data Transparency

    A coalition of international data protection regulators on Thursday pushed companies to be more transparent about how they are collecting and using vast troves of data being scooped up by emerging technologies such as the “Internet of Things,” while vowing to step up cooperation on enforcement matters.

  • October 17, 2014

    Fla., Calif. Join US In FCA Suit Against Symantec

    Florida and California have joined the U.S. government in a whistleblower lawsuit accusing leading software developer Symantec Corp. of making false claims and statements resulting in its overcharging the governments by millions of dollars for its products, according to a new complaint filed Thursday.

  • October 17, 2014

    GSA Approves Interim Security Reviews For Cloud Contractors

    The General Services Administration on Friday introduced new interim cybersecurity reviews for cloud computing contractors, saying the new process will help contractors get their security systems certified more quickly by allowing agencies to rely on the GSA's partially completed work rather than starting a new review from scratch.

  • October 17, 2014

    Judge Says Toshiba-Samsung's Secrecy In MDL 'Preposterous'

    A California federal judge on Friday ordered Toshiba Samsung Storage Technology Corp. Korea to hand over recordings of conversations between a government cooperator and several co-defendants in multidistrict litigation over price-fixing on optical disk drives, calling the nonparty Korean company's efforts to withhold the tapes “preposterous.”

  • October 17, 2014

    PwC Worker Says Comcast Got Him Fired Over Service Calls

    A former PricewaterhouseCoopers LLP employee accused Comcast Corp. of getting him fired after he complained to Comcast about lackluster service, alleging Thursday in a $1 million suit in California federal court that Comcast exploited its business relationship with PwC to retaliate against him.

  • October 17, 2014

    Fiber Telecom Zayo Group Misses Mark With $400M IPO

    Shares in private equity-backed Zayo Group Holdings Inc. climbed on Friday in its first day of trading on the New York Stock Exchange, an optimistic note after the fiber optic telecommunications company fell short of the $400 million it was originally expected to raise.

  • October 17, 2014

    Sealing The Deal: Greenberg Traurig Guides ICE In Israel

    Greenberg Traurig helped guide one of the world's largest stock and derivatives trading exchange companies, Intercontinental Exchange Inc., in its first major investment in Israel despite a deal-making process that was sometimes interrupted by the escalation of the country's ongoing war.

  • October 17, 2014

    AUO Pushes 9th Circ. To Rehear $500M Antitrust Case

    AU Optronics Corp. urged the Ninth Circuit on Thursday to rehear its appeal of a $500 million price-fixing fine levied against the liquid crystal display producer, denying that the company has waived its chance to seek a narrower sentence that accounts only for its direct imports.

  • October 17, 2014

    Pantech Files For Ch. 15 Relief Amid Korean Debt Workout

    South Korean mobile phone manufacturer Pantech Co. Ltd. sought shelter in Georgia bankruptcy court Thursday to protect itself from 15 intellectual property lawsuits as it attempts to cut a debt load of more than $500 million through its home country’s insolvency laws.

  • October 17, 2014

    'It Wasn't Me' Defense Holds Promise For Snapchat, Dropbox

    Snapchat Inc. and Dropbox Inc. recently responded to purported user-data thefts by asserting the compromised information was lifted from unaffiliated third parties and not their own servers, a defense that attorneys say likely would protect them in breach litigation, as long as they have robust internal security controls and no connection to the third parties.

  • October 17, 2014

    Haynes And Boone Adds IP, Energy Partners In Houston

    Haynes and Boone LLP has bolstered its Houston office by adding an intellectual property partner from Pillsbury Winthrop Shaw Pittman LLP and an energy commodities partner most recently from Barclays Bank PLC, the firm has announced.

  • October 17, 2014

    Venture Capital Steamrolling '13 With $33B Invested So Far

    Venture capital investing is on a tear this year, with more than $33 billion invested through the first three quarters, according to a new report Friday by accounting firm PwC and the National Venture Capital Association, blowing past last year’s total of $30 billion in just the first nine months of the year.

  • October 16, 2014

    Tibco Investors Lose $100M Over Spreadsheet Goof

    Tibco Software Inc. shareholders will be paid roughly $100 million less than anticipated in private equity firm Vista Equity Partners' planned $4.3 billion purchase of the business software company, due to an error on a spreadsheet, according to a Thursday regulatory filing.

  • October 16, 2014

    Knowles Wins ITC Suit Over Microphone Patents

    GoerTek Inc. silicon microphone parts used in headsets and earphones infringe three patents owned by rival acoustic components makers Knowles Electronic LLC, a U.S. International Trade Commission judge has ruled, recommending the GoerTek imports be banned.

  • October 16, 2014

    Fifth Third Says Simplexity Can't Afford To Stay In Ch. 11

    Simplexity LLC's senior lender squared off with unsecured creditors in Delaware bankruptcy court Thursday, as Fifth Third Bank took another swing at converting the cellphone activator's case to Chapter 7, arguing that the estate can't foot the bill for a Chapter 11 plan.

  • October 16, 2014

    Getty Images Can't Block Microsoft's Bing Image Widget

    Getty Images Inc. on Thursday lost a bid to block Microsoft Corp.'s Bing Image Widget tool that allegedly displays copyrighted Getty images without permission after a New York federal judge found that Microsoft has already disabled the widget.

  • October 16, 2014

    VirnetX Seeks Review Of Ruling Tossing $368M Apple Verdict

    VirnetX Inc. asked the full Federal Circuit Thursday to review a decision that vacated a $368 million patent verdict it had won against Apple Inc., saying the panel's finding that its damages expert relied on flawed theories will make it too difficult for patent owners to win damages.

  • October 16, 2014

    'Double Irish' Tax Quash Unlikely To Send Cos. Packing

    Ireland's decision to toss the “Double Irish” tax loophole favored by Google Inc. and Apple Inc. indicates that global pressure on corporate tax avoidance is influencing national policy, but the country may be trying to have its cake and eat it too with the simultaneous announcement of new, corporate-friendly IP tax rules.

Expert Analysis

  • What Litigators Can Learn From Novelists

    Michael H. Rubin

    Many legal briefs are written in impenetrable jargon and begin with an introduction telling the court what it already knows, using words that stem from the 18th century, such as “hereinafter.” Instead, we should approach briefs the way novelists approach their writing, says Michael Rubin of McGlinchey Stafford PLLC.

  • The Truth About Patent Damage Awards

    Brian Howard

    Although many may associate patent litigation with a proliferation of stratospheric jury verdicts, these preconceptions are most often wrong. Few patent cases go to trial, and fewer result in any damages, let alone the kind that make headlines. Let's look at the numbers, says Brian Howard, co-author of the Lex Machina Patent Litigation Damages Report.

  • Will The New ABS Rules Impact Cell Tower Securitizations?

    Malcolm P. Wattman

    Given the lack of specific discussion of cell tower securitizations in U.S. Securities and Exchange Commission commentary relating to two new rules affecting asset-backed securities, it is uncertain if cell tower securitizations are subject to the new rules, and whether the applicability of the rules depends upon the securitization structure used, say attorneys with Cadwalader Wickersham & Taft LLP.

  • 5 Essential Legal Considerations For Cos. Developing Apps

    Armand Zottola

    App development can bring great opportunity, visibility and income to a company. But there are some pronounced or unique intellectual property, ownership, privacy, data security and advertising considerations that a company should keep in mind, say Armand Zottola and Morgan Brubaker of Venable LLP.

  • A Guide To Understanding Fed. Circ.'s VirnetX Opinion

     Aaron Fahrenkrog

    Please do not panic over the Federal Circuit’s recent ruling in VirnetX v. Apple Inc. It does not spell the end of damages in patent cases. It does not change the existing paradigm about how to support a damages model with evidence. It does not even foreclose the use of the Nash bargaining solution, say attorneys with Robins Kaplan Miller & Ciresi LLP.

  • Information Governance: A Missed Opportunity For Lawyers

    Ann Snyder

    Today, information intersects every practice area, making all lawyers effectively information governance practitioners in one way or another. The issue is whether you will consciously embrace this emerging discipline — and capitalize on it to the benefit of your clients and your practice, says Ann Snyder of the Information Governance Initiative.

  • CAFA Removal Procedure At Center Stage In Dart Cherokee

    Archis A. Parasharami

    If Public Citizen's amicus brief in the U.S. Supreme Court case Dart Cherokee Basin Operating Co. v. Owens is correct in arguing that an appellate court can insulate questions arising under the Class Action Fairness Act from Supreme Court review by denying leave to appeal then that will create perverse incentives for lower courts and may hamper the development of uniform rules governing CAFA removals, says Archis Parasharami of Mayer Brown LLP.

  • Methodologies For Calculating FRAND Damages: Part 3

    Koren Wong-Ervin

    Courts approaching royalty rates on a patent licensed on fair, reasonable and nondiscriminatory terms are working to determine the overall value of the product that is attributable to the patented technology in the context of the related standard, but how best to do that in the selection of the royalty base is under dispute, say Anne Layne-Farrar of Charles River Associates and Koren Wong-Ervin, counsel at the Federal Trade Commission.

  • Investor Interest In Health IT Firms Continues

    Geoffrey C. Cockrell

    Traditional venture capital technology investors are finding firms that gather and analyze health care data appealing because of the growth of electronic records and consumer use of health tracking technology. In addition, early-stage investors often view investing in these companies as presenting less risk than investing in biotech firms, say Geoffrey Cockrell and Amber Walsh of McGuireWoods LLP.

  • Methodologies For Calculating FRAND Damages: Part 2

    Anne Layne-Farrar

    It strikes us that the courts are off to a reasonably good start in terms of establishing solid methods and approaches for determining royalty rates or damages on a standard-essential patent licensed on fair, reasonable and nondiscriminatory terms, say Anne Layne-Farrar of Charles River Associates and Koren Wong-Ervin, counsel in the Federal Trade Commission's Office of International Affairs.