Technology

  • August 19, 2014

    Samsung To Pay $2.3M To End FCA Suit Over Trade Breach

    Samsung Electronics America Inc. has agreed to pay $2.3 million to settle a whistleblower suit in Maryland federal court accusing the tech giant of violating the False Claims Act by providing resellers with inaccurate information regarding its products’ country of origin, the U.S. Department of Justice announced Tuesday.

  • August 19, 2014

    Tech Cos. Urge High Court To Keep Claim Construction Rule

    Google Inc., Facebook Inc. and a slew of other tech giants filed amicus briefs Monday urging the U.S. Supreme Court to preserve the Federal Circuit’s practice of reviewing claim constructions fresh on appeal, saying the rule is in line with high court precedent and promotes consistency in patent claim decisions.

  • August 19, 2014

    Apple Says Dynamic Stonewalling Discovery in Siri IP Suit

    Apple Inc. has accused a Texas-based company of casting too wide a net in asserted patent claims and stonewalling document production in an infringement suit brought in a New York federal court against the tech giant over the Siri personal assistant program on iPhones and other devices.

  • August 19, 2014

    Akamai, Limelight Spar Over High Court Joint Infringement Call

    Akamai Technologies Inc. and rival Limelight Networks Inc. on Monday continued sparring over patent infringement culpability in their long-running row, with each filing briefs suggesting how the Federal Circuit should decide Limelight’s role in joint, direct infringement of Akamai’s Web content delivery patent.

  • August 19, 2014

    High-Profile Fights For Control Showcase Seller's Market

    Dollar General Corp. pounced on Family Dollar Stores Inc. on Monday with a $9 billion bid that trumps an earlier offer from rival Dollar Tree Inc., setting up a high-stakes showdown between the discount retailers that underscores the thick competition — and eager suitors — stoked by this year's mergers and acquisitions boom.

  • August 19, 2014

    Samsung Drops Bid For $2M Apple Bond Payment

    Samsung Electronics Co. Ltd. dropped its bid Monday to force Apple Inc. to pay just over $2 million to cover costs Samsung incurred during a court-ordered injunction on sales of its Galaxy Tab 10.1 tablet that was lifted after a jury ruled in 2012 that the device did not infringe an Apple patent.

  • August 19, 2014

    Group-Text App Maker Asks Calif. Judge To Dismiss TCPA Suit

    Social networking company GroupMe Inc. on Monday asked a California federal judge to dismiss a putative Telephone Consumer Protection Act class action against it, saying the plaintiff can't prove that it and another company used an autodialer to send him unwanted text messages.

  • August 19, 2014

    Former Microsoft CEO Steve Ballmer Leaves Board

    Former Microsoft Corp. Chief Executive Officer Steve Ballmer resigned from the tech giant’s board of directors on Tuesday, noting that he plans to focus his attention on running the newly acquired Los Angeles Clippers and teaching.

  • August 19, 2014

    Gov't Says NSA Phone Spying Suit Should Be Tossed

    The U.S. government on Monday asked a Washington, D.C., federal judge to dismiss one of three lawsuits filed by a former U.S. Department of Justice antitrust attorney who is challenging the constitutionality of the National Security Agency’s collection of phone and online data records.

  • August 19, 2014

    Insurer Fights Payment Reallocation On Magma Investor Deal

    National Union Fire Insurance Co. asked a California federal court Monday to bar Executive Risk Indemnity Inc.'s reallocation from a 2003-2004 to a 2004-2006 policy, an insurance payment triggered by underlying securities litigation over a software company's alleged patent infringement, arguing ERII accepted responsibility under the earlier term.

  • August 19, 2014

    Google Urges ITC Not To Bar Smartphone Sales In Patent Row

    Google asked the U.S. International Trade Commission on Monday not to bar the sale of smartphones containing its software that Black Hills Media LLC alleges violate patents allowing smartphones to share media across platforms, saying a ban would cripple the U.S. smartphone market.

  • August 19, 2014

    UAE Shipping Co. Dinged For Moving Computer Parts To Iran

    A United Arab Emirates-based freight and cargo services company has reached a deal to settle allegations lodged by the U.S. Department of Commerce that it aided in the shipment of about 2,300 computer motherboards to Iran in violation U.S. export regulations, the agency disclosed Tuesday.

  • August 19, 2014

    Dealmakers Q&A: Baker Botts' John Martin

    One factor significantly influencing M&A deals — both in terms of deal type and structure — is the increasing desire to monetize intellectual property and the recognition of patents as a separate asset class, says John Martin of Baker Botts LLP.

  • August 18, 2014

    Sen. Calls For Bill To Bring Data Safeguards Into Digital Age

    A U.S. senator on Friday called for the reform of a long-standing legal doctrine excluding data users voluntarily share with third parties such as Google Inc. from the protections of the Fourth Amendment, saying the outdated principle has failed to keep pace with modern technology.

  • August 18, 2014

    Deals Rumor Mill: Telecom Italia, ConvaTec, SoftBank

    Telecom Italia could offer up to $9.4 billion to acquire Vivendi's Brazilian broadband unit GVT, while the private equity owners of medical supply company ConvaTec will not consider selling the company until next year, despite having already received offers between $8 billion and $9 billion.

  • August 18, 2014

    9th Circ. Won't Send B&N Tablet Sale Row To Arbitration

    The Ninth Circuit on Monday refused to send to arbitration a putative class action alleging Barnes & Noble Inc. violated false advertising laws by canceling thousands of online orders for discounted Hewlett-Packard Co. tablets, ruling the plaintiff didn't assent to the website's terms of use.

  • August 18, 2014

    Google, Apple Get Mapping Patent Nixed In AIA Review

    The U.S. Patent and Trademark Office has invalidated all claims on a patent for panoramic imaging technology, finding that Google Inc. and Apple Inc. showed the claims at issue were unpatentable in light of prior art.

  • August 18, 2014

    Clouding IP Patents In Tossed Suit Targeted For Review

    EMC Corp. and subsidiary VMware Inc., a popular cloud computing company, have filed petitions with the U.S. Patent and Trademark Office for review of four technology patents that are among many at the center of a recently tossed suit filed by Clouding IP LLC against about a dozen tech companies.

  • August 18, 2014

    Montagu Repurchases Insurance Tech Co. 7 Years Later

    Montagu Private Equity LLP, one of Europe's oldest private equity firms, said Monday it is reacquiring insurance technology firm Open International Ltd. from insurance intermediary Towergate seven years after selling the portfolio company to Towergate for £276 million ($462 million).

  • August 18, 2014

    ITC Can Hear Induced Infringement Cases, IP Law Group Says

    An intellectual property law group told the full Federal Circuit on Monday that the U.S. International Trade Commission has the authority to hear inducement patent infringement cases where a product is found to infringe after importation.

Expert Analysis

  • AIA Hasn't Really Changed Pretrial Landscape

    Peter Chassman

    How has the America Invents Act changed the behaviors of nonpracticing entities and the plight of the defendants that they sue? The biggest effect likely will be on those cases that actually go to trial. But since most of these cases settle before trial, the big-picture answer is “not much,” says Peter Chassman of Winston & Strawn LLP.

  • New Broadband-Friendly Laws In Ohio, Louisiana

    Dave Thomas

    In recent separate actions, Ohio and Louisiana adopted comprehensive pole attachment regulatory regimes that should facilitate the deployment of broadband communications infrastructure and level the competitive playing field for broadband providers, say attorneys with Sheppard Mullin Richter & Hampton LLP.

  • On The Way To ​A Better Patent System

    Robert Stoll

    We now have a few ways to kill a bad patent, quickly and relatively cheaply. But now is not the time to consider expanding the newly minted post-grant procedures — we need to see whether these new systems are working as intended, and whether there are unforeseen consequences, says Robert Stoll, a partner at Drinker Biddle & Reath LLP and former commissioner of patents.

  • VIDEO: No Holding That Software Cannot Be Patented

    "The Alice decision does not mean that software is not eligible for patent protection. In fact the court never even mentioned software in its decision," says Fenwick & West LLP partner Robert Sachs, discussing implications the U.S. Supreme Court ruling in Alice Corp. v. CLS Bank.

  • An In-House Lawyer's Top 10 Tips For Outside Counsel

    Francis M. Drelling

    To this day, I have yet to see a litigation hold letter that was written by someone who understands the realities of how a business is actually run. In-house counsel cannot issue decrees to business units that read like they are issued by the king to his subjects, says Francis Drelling, in-house counsel at Specialty Restaurants Corp.

  • Howard-Anderson Does Not Increase Potential D&O Liability

    Robert C. Schwenkel

    The Delaware Court of Chancery’s ruling in Chen v. Howard-Anderson has raised concern among some practitioners, but the decision must be read in the context of the Delaware courts’ consistent approach to the duty of loyalty, and thus, does not meaningfully increase the potential for personal liability of directors or officers, say attorneys with Fried Frank Harris Shriver & Jacobson LLP.

  • We Need More Guidance On Applying 'Abstract Idea'

    David Raczkowski

    Many commented that the U.S. Supreme Court's decision in Alice Corp. Pty. Ltd. v. CLS Bank International was not a significant departure from previous decisions. However, in recent conversations with practitioners, examiners have indicated a plan to effectively reject all software claims, pointing to a lack of specific guidance with respect to the Alice decision, says David Raczkowski of Kilpatrick Townsend & Stockton LLP.

  • Law Firms May Be Violating Copyrights

    Roy Kaufman

    On average, a legal professional forwards content to 14 different people per week. Yet many attorneys and staff lack an understanding of copyright and their firm’s specific policies regarding shared third-party materials, says Roy Kaufman of Copyright Clearance Center.

  • The Cloud Is Not Falling: A Rational Read Of Aereo

    Arthur Beeman

    Despite industry concern, a close read of the U.S. Supreme Court's recent decision in American Broadcasting Companies Inc. v. Aereo Inc. reveals that the majority opinion not only narrowly applied the Copyright Act to the retransmission of broadcast television, but also went out of its way to limit future application of the opinion on technologies and services not before the court, say attorneys with Arent Fox LLP.

  • A Close Look At NY's New Privilege Log Rule

    Joseph B. Schmit

    In addition to significantly reducing costs incurred in the preparation of privilege logs, the new categorical approach to privilege logs in New York will allow parties to identify and frame legal issues requiring the court’s attention more clearly — thus positively impacting the efficiency of the dispute resolution process as well, say Joseph Schmit and Aaron Schue of Phillips Lytle LLP.