• July 31, 2015

    USPTO Patent Guidance Has Attys Fearing Wave Of Rejections

    New guidance issued by the U.S. Patent and Trademark Office on Thursday about patent eligibility in light of recent U.S. Supreme Court decisions appears to mean that many potential inventions are unpatentable abstract ideas, leaving attorneys concerned that it will become increasingly difficult to get patents.

  • July 31, 2015

    9th Circ. Won't Revive Antitrust Suit Against ICANN

    The Ninth Circuit on Friday refused to revive an antitrust and trademark infringement suit accusing the Internet Corporation for Assigned Names and Numbers of holding a monopoly on the domain-name market, saying there was no sign ICANN willfully acquired control of that market.

  • July 31, 2015

    Advertiser Group Calls US 'Right to Be Forgotten' Dangerous

    In a letter to the Federal Trade Commission on Friday, the Association of National Advertisers lashed out at a consumer protection advocate’s request for Google to implement “right to be forgotten” privacy laws in the U.S., calling the group's argument “inaccurate” and “dangerous to free expression.”

  • July 31, 2015

    OIG Warns Of Continuing Struggles In FBI Cyberstrategy

    The U.S. Department of Justice's Office of the Inspector General warned Thursday that while the FBI's Next Generation Cyber Initiative has made important progress, the agency is still struggling to recruit qualified candidates and work with outside people and entities.

  • July 31, 2015

    Visa, MasterCard Win Antitrust Suit Over WikiLeaks Blockade

    Visa Inc. and MasterCard Inc. didn’t violate federal antitrust laws when they suspended donations to WikiLeaks after the site released hundreds of thousands of classified government documents, a Virginia federal judge ruled Thursday.

  • July 31, 2015

    Settlement Prospects Dim In GE, Electrolux Antitrust Battle

    General Electric Corp., AB Electrolux Inc. and the government cast doubt on reaching a settlement in the Justice Department’s antitrust suit over the companies’ $3.3 billion tie-up on Friday, as a D.C. federal judge delayed the upcoming trial.

  • July 31, 2015

    Yahoo Ducks Extra Discovery In $1B Bracket Row With Insurer

    Prize insurer SCA Promotions Inc. is too late to make Yahoo Inc. turn over more information in a dispute over a failed plan for SCA to insure a Yahoo-run $1 billion NCAA March Madness contest, a Texas federal judge ruled Friday.

  • July 31, 2015

    Deals Rumor Mill: Uber, Carlyle, Coca-Cola

    Uber has just closed a new funding round that values it at a whopping $51 billion, private equity giant The Carlyle Group has parted ways with the founders of its Vermillion commodity hedge fund, and three bottlers of Coca-Cola products in Europe have entered advanced talks on a merger.

  • July 31, 2015

    DC Circ. Tells Net Neutrality Foes To Rethink Alphabet Soup

    A day after the challengers to the Federal Communications Commission’s net neutrality rules filed their opening briefs, the D.C. Circuit Clerk’s Office said they could really use some editing.

  • July 31, 2015

    Gunderson Nabs Ex-DLA Partners To Boost Calif. Offices

    Venture capital- and emerging companies-focused law firm Gunderson Dettmer Stough Villeneuve Franklin & Hachigian LLP said Thursday it has recruited two former DLA Piper partners experienced in advising life science and technology companies in securities offerings, mergers and acquisitions and other corporate matters to bolster California offices.

  • July 31, 2015

    Dem Sens. Ask FCC To Review Potential LTE-U, Wi-Fi Clash

    Six U.S. Senate Democrats expressed concern to Federal Communications Commission Chairman Tom Wheeler on Thursday about the effect LTE-Unlicensed technology could have on Wi-Fi devices, asking him to help establish a dialogue about systems between LTE-U and Wi-Fi carriers.

  • July 31, 2015

    Fed. Circ. Won't Revive ParkerVision's $173M Qualcomm Win

    The Federal Circuit on Friday struck a major blow to ParkerVision Inc.'s efforts to revive its nearly $173 million jury verdict against Qualcomm Inc., finding that a district court wasn't confused when it said a ParkerVision expert didn't adequately show Qualcomm infringed smartphone circuit technology patents. 

  • July 31, 2015

    $1B Uber Trade Secrets Row Remanded To State Court

    A California federal judge on Wednesday sent a $1 billion suit accusing Uber Technologies Inc. of stealing technology to create the popular service back to California state court after dismissing a conversion claim, saying that it was preempted by the Copyright Act.

  • July 31, 2015

    Google Can't Escape Architect's $120M Trade Secret Suit

    Google Inc. must face the bulk of an architect's claims that the tech titan stole his trade secrets valued at $120 million for a process to design and build more cost-effective, environmentally sustainable buildings after a California judge Friday rejected Google's arguments that the architect wasn't party to their agreements.

  • July 31, 2015

    Ex-Haynes And Boone Atty Shakes Off $20M Malpractice Row

    A California federal judge on Friday dismissed an inventor’s $20 million malpractice suit against a former Haynes and Boone LLP partner for allegedly botching a semiconductor patent licensing agreement, after the inventor agreed to voluntarily dismiss his claims.

  • July 31, 2015

    RaceTech Says Horse Race Betting Patents Survive Alice

    Gambling machine maker RaceTech LLC told a Kentucky federal judge on Thursday that horse racing venue Kentucky Downs LLC and a rival gambling technology company can’t invalidate its historical racing patents, arguing that a patent examiner already approved the claims under the U.S. Supreme Court’s Alice decision. 

  • July 30, 2015

    3 Takeaways From 9th Circ.'s Motorola FRAND Decision

    By affirming Thursday that Motorola Inc. failed to license its standard-essential patents to Microsoft Corp. on fair terms, the Ninth Circuit endorsed the detailed process the trial judge devised for setting royalty rates for essential patents. Here are three things attorneys can learn from the decision.

  • July 30, 2015

    Chancery Won't Up Attys Fees To $25M In Google Stock Case

    A Delaware Chancery judge rejected arguments Thursday by Block & Leviton LLP and others representing Google Inc. investors that a $522 million payout to stockholders was justification to increase attorneys' fees from $9 million to the $25 million they originally sought in settled litigation over the Internet search giant's stock split.

  • July 30, 2015

    Baker Botts Denied $3.5M Atty Fees In Samsung IP Row

    Baker Botts LLP lost a bid for $3.5 million in attorneys’ fees after a Texas federal judge ruled on Thursday that the firm failed to show the case was exceptional, despite securing a jury verdict that its client, Samsung Electronics Co. Ltd., didn’t infringe a Japanese inventor’s patent.

  • July 30, 2015

    High Court Urged To Deny Halo's Willful Infringement Appeal

    Pulse Electronics Inc. has asked the U.S. Supreme Court to reject Halo Electronics Inc.'s request for a review of the willfulness standard used in finding that Pulse did not infringe three transformer patents willfully, or if it does hear the case, to first consider the validity of the asserted patents.

Expert Analysis

  • EU High Court Sets Important SEP Precedent

    Axel Gutermuth

    The EU high court's recent ruling in Huawei Technologies Co. Ltd. v. ZTE Corp. provided a significant amount of guidance on standard-essential patents, injunctions and abuse of dominance but addresses only some of the legal questions that SEP holders and alleged infringers face in these situations, and even the questions addressed are in part expressed in very broad terms inviting different interpretations, say Axel Gutermuth and C... (continued)

  • What Worries Will Wearables Give Employers?

    Catherine T. Barbieri

    Aside from the confidentiality and privacy pitfalls that wearable technologies can create in the workplace, wearables may ultimately force companies to improve the technology that they are using to ensure compliance with wage and hour and other laws, says Catherine Barbieri of Fox Rothschild LLP.

  • 7 Keys To Improving Your Direct Examination

    James Murray

    Trial lawyers should approach direct examination with the same excitement as cross-examination. If you do not, the jury will notice and your case will suffer. An effective direct examination backs the lawyer out of the action and puts the witness front and center to tell the story in a conversational, comforting, interesting fashion, says James Murray of Dickstein Shapiro LLP.

  • Gilbert Hyatt's Epic Tax Battle Is Far From Over

    Annie H. Huang

    Inventor Gilbert Hyatt has been embattled with the California Franchise Tax Board over residency status and the conduct of FTB auditors for over 20 years. While Hyatt will make a second trip to the U.S. Supreme Court, the court's review will be limited to governmental immunity issues, and it would not be surprising if Hyatt and California continue their battle for another decade or two, say attorneys with Pillsbury Winthrop Shaw Pittman LLP.

  • Cuba, Si! Trade With Cuba, Not Quite Yet

    Burt Braverman

    There has been much fanfare surrounding the re-establishment of diplomatic relations with Cuba, but for U.S. businesses anxious to establish commercial beachheads for the sale of goods and technology, the reality is much the same as it has been since 1982 when Cuba was first designated as a State Sponsor of Terrorism, says Burt Braverman at Davis Wright Tremaine LLP.

  • 7th Circ. Doesn't End Debate Over Ill.'s Fifield Rule

    Jason B. Hirsh

    The Seventh Circuit's opinion in Instant Technology LLC v. DeFazio did not so much as mention adequacy of consideration, Illinois' Fifield rule and the series of opinions challenging its validity, or the inconsistency in the district court. In the end, with any luck, the Illinois Supreme Court will soon step in and resolve this matter once and for all, says Jason Hirsh of Levenfeld Pearlstein LLC.

  • The Latest Inappropriate Reasonable Royalty Rule Of Thumb

    William C. Rooklidge

    A California federal court's recent order in Good Technology Corporation v. MobileIron Inc. characterized the defects in the expert’s methodology as factual in nature. It is clear, however, that a methodology that gives the patentee 100 percent of the suppositious licensee’s expected profits as damages is impermissible as a matter of law, say William Rooklidge and Andrew Brown of Gibson Dunn & Crutcher LLP.

  • Assessing Vicarious Liability Exposure After Akamai

    Stephen Hash

    While it is undoubtedly true that Akamai, as well as its predecessors, have made it difficult for patentees to prove infringement in multiple-actor scenarios, and correspondingly easy for defendants to avoid infringement, the Federal Circuit has seemingly left a window of opportunity for patentees, say Stephen Hash and Christopher Granaghan of Vinson & Elkins LLP.

  • REBUTTAL: The Problem With 3rd-Party Litigation Financing

    Lisa Rickard

    Manipulating gender disparity in the service of hawking a flawed investment product does nothing but trivialize a serious and important issue. The tortured logic in Burford Capital LLC’s recent plug for third-party litigation financing is nothing more than a marketing ploy to boost revenues, says Lisa Rickard, president of the U.S. Chamber Institute for Legal Reform.

  • Where’s The Exit? New Opportunities In China For PE Firms

    Dean Collins

    With a deepening of China’s A-share market, it has become more attractive for private equity firms to sell their interest in a portfolio company to a Chinese listed company, although it has been unclear how, on account of regulatory constraints, this could be achieved for foreign sellers. A recent transaction has thrown interesting light on this issue, say attorneys with Dechert LLP.