• February 10, 2016

    Apple Faces Skeptical 9th Circ. In App Store Monopoly Suit

    Apple Inc. told a skeptical Ninth Circuit on Wednesday that a California federal judge correctly tossed a putative class action alleging it illegally monopolized the market for iPhone apps, arguing a 30 percent commission that app developers pay to Apple is part of a price that developers set independently.

  • February 10, 2016

    Andrews Kurth Accused In Plot To Oust Texas Startup CEO

    The co-founder of a technology company in Texas filed an amended complaint Monday against an Austin-based venture capital firm and Andrews Kurth LLP for allegedly working to terminate him from the company and sell his unvested equity for pennies on the dollar, accusing the law firm of malpractice.

  • February 10, 2016

    Fed. Circ. Revives Convolve's Patent Suit Against Compaq

    The Federal Circuit on Wednesday breathed new life into a patent infringement case involving Compaq Computer Corp. and Seagate Technology LLC that has already been pending for nearly 16 years, nixing part of a lower court’s finding that Compaq’s products didn’t infringe a Convolve Inc. hard drive patent. 

  • February 10, 2016

    Eyes On High Court As Fed. Circ. Again Limits AIA Appeals

    The Federal Circuit on Wednesday shut down another argument that would have effectively permitted an end-run around a rule barring appeals of institution decisions in America Invents Act reviews, shifting attention to the U.S. Supreme Court, which will soon hear a case that could permit such appeals.

  • February 10, 2016

    4 Ways Bitcoin's Tech May Soon Change Lawyers' Lives

    Blockchain, perhaps better known as the technology behind bitcoin, is being heralded as the latest game-changer for the legal industry. Here are four key points lawyers should know about the latest advancements and what this burgeoning area may have in store for the industry at large.

  • February 10, 2016

    Texas Justices Told Investor Has Standing In DLA Piper Row

    An Australian financier and investor who lost $1.7 million in retirement funds because he took allegedly negligent advice from his attorneys and granted a loan to a now-defunct company has standing to sue DLA Piper under longstanding state law, the Texas Supreme Court was told in oral arguments Wednesday.

  • February 10, 2016

    House OKs Bill For NSF Grants To Aid 'National Interest'

    The U.S. House of Representatives on Wednesday passed legislation directing the National Science Foundation to certify that any research grant it awards is in “the national interest,” over stringent objections of Democratic lawmakers and the White House, who say the measure is superfluous and “likely counterproductive.”

  • February 10, 2016

    High Court Dismisses Achates' Petition In Apple Case

    The U.S. Supreme Court on Tuesday agreed to dismiss a petition that asked it to review whether the Federal Circuit wrongly held in a case accusing Apple of infringement that legal precedent precludes it from weighing the validity of Patent Trial and Appeal Board decisions to grant reviews of patents.

  • February 10, 2016

    Self-Driving System Can Count As Car 'Driver,' Agency Says

    A federal agency has told the Google Inc. team developing self-driving cars it believes the automated system guiding the cars can qualify as a driver under many federal regulations, but it cautioned that for certain requirements the company may have to request an exemption or seek a rule change in order for self-driving cars to comply.

  • February 10, 2016

    Smartphone, Pharma Giants Dominate List Of Top IP Targets

    Smartphone makers remain irresistible targets for patent litigation plaintiffs, with Samsung and Apple topping Law360's list of frequently named defendants in patent lawsuits filed in 2015. But increasingly ferocious intellectual property battles over generic drugs mean industry giants like Mylan Pharmaceuticals are starting to give smartphone makers some competition for that dubious honor.

  • February 10, 2016

    Carrington Coleman Adds Ex-Fortune 500 Co. GC In Dallas

    Carrington Coleman Sloman & Blumenthal LLP on Tuesday announced that it has strengthened its corporate transaction and counseling services with the addition of a former general counsel to BearingPoint and Affiliated Computer Services Inc. as a partner in Dallas, with expertise in the areas of banking, securities, private equity and technology, among others.

  • February 10, 2016

    House Passes Bill To Extend US Privacy Rights To EU Citizens

    The U.S. House of Representatives on Wednesday passed legislation that would give European Union citizens the right to sue over U.S. privacy violations related to information shared with the U.S. for law enforcement purposes, unanimously agreeing to a recently tacked-on amendment.

  • February 10, 2016

    Rimini Denied Reconsideration Of Part Of $50M Jury Verdict

    Rimini Street Inc., which was ordered to pay about $50 million for copyright infringement and computer fraud related to several Oracle products, lost its bid for a favorable judgment Tuesday, when a Nevada federal judge ruled the jury’s infringement findings were supported by the evidence.

  • February 10, 2016

    Burford Capital Adds IP Litigator From Proskauer Rose

    Burford Capital LLC has added a former intellectual property litigation partner from Proskauer Rose LLP with specialties in technologies and telecommunications as a managing director in its New York office, as the global finance firm expands its litigation finance offerings to IP.

  • February 10, 2016

    Aussie Gov't Floats ‘Netflix Tax’ On Foreign Digital Sales

    Australian Treasurer Scott Morrison on Wednesday introduced legislation in the parliament that would impose the country’s 10 percent goods and services tax on purchases of digital products and services from companies based overseas such as Netflix.

  • February 10, 2016

    Feds Drop More Charges In $24M Iran Export Suit

    Federal prosecutors sought to dismiss charges against three companies Tuesday for allegedly violating Iran trade sanctions by importing microelectronics to the country, following a pair of pardons in the case amid a deal with Iran that freed several imprisoned Americans.

  • February 10, 2016

    AIA Reviews Don’t Need To Eye Whole Patents, Fed. Circ. Says

    The Federal Circuit on Wednesday gave its blessing to the Patent Trial and Appeal Board’s policy of conducting partial reviews of patents challenged in America Invents Act inter partes review petitions, rejecting Synopsys Inc.’s argument that the board must review all of the challenged claims.

  • February 9, 2016

    Chancery Apt Not To Ax Suit Over ServiceMesh's $98M Earnout

    A Delaware Chancery judge indicated Tuesday that he will likely keep intact some of the lawsuit claiming the founder of cloud computing company ServiceMesh Inc. paid bribes to gain contracts that would help the company meet targets for nearly $100 million in earnout payments after Computer Sciences Corp. bought it out in 2013.

  • February 9, 2016

    Obama's $19B Cybersecurity Budget Bridges Spending Gap

    The Obama administration on Tuesday revamped its approach to cybersecurity by proposing a lofty $19 billion budget to fund efforts the private sector has long embraced, such as updating antiquated computer systems and creating a security chief post, advancing spending goals that would put the government on more equal footing with private companies in the uphill fight to fortify cyberdefenses.

  • February 9, 2016

    Apple Seeks $2M In Atty Fees After Video-Streaming IP Win

    Weeks after defeating a patent suit by Aylus Networks, Apple has asked a California federal court to award it more than $2 million in attorneys’ fees and costs, arguing that Aylus continued to pursue its case even though it knew that the tech giant’s TV video-streaming service didn’t infringe its patent.

Expert Analysis

  • Highlights Of Obama's Ambitious New Cybersecurity Plan

    Evan D. Wolff

    This week, President Obama directed his administration to implement a cybersecurity national action plan. The initiatives place significant focus on the private sector's role in securing the nation's cyber borders and, in many ways, draw heavily on the private sector's experience with cyber resilience and an enterprise-wide, multiyear approach to cybersecurity, say attorneys with Crowell & Moring LLP.

  • How Does Skadden Stay No. 1?

    Elizabeth Duffy

    Analyzing the reasons why clients choose certain firms reveals a great deal about what is important and valued in the marketplace. Based on interviews with a random sample of over 600 heads of legal in the largest U.S. organizations, Elizabeth Duffy, vice president of Acritas US Inc., identifies the core brand drivers of Skadden Arps Slate Meagher & Flom LLP.

  • What PTAB Says About Functional Claiming


    Yesterday, Michael Stein of BakerHostetler explained how structural claim limitations may be used effectively to avoid the alleged problems created by the use of functional limitations in software patents. In this article, he looks at the cases that have been identified by the U.S. Patent and Trademark Office as key Patent Trial and Appeal Board decisions involving functional claim limitations.

  • OPINION: The Road To Partnership Must Keep Evolving

    Daniel L. Butcher

    In a recent Law360 article it was suggested that promotion to partner was a competition between associates and that taking maternity, paternity or family medical leave could impact an associate's chances at promotion. But this sort of ethos — which may have contributed to law firms’ success in the past — is not the best way to secure the industry's future, says Daniel Butcher, managing partner of Strasburger & Price LLP.

  • How Structural Claim Limitations Can Save Software Patents


    Michael Stein of BakerHostetler discusses how structural claim limitations may be used effectively to avoid the alleged problems created by the use of functional limitations in software patents.

  • China's Hazardous Substances Restrictions: What To Know

    Richard Ferris_FoleyLardner.jpg

    Companies manufacturing electrical and electronic products, parts or other components in China need to pay close attention to the expanded regulatory scope of China's restriction of hazardous substances regulations, particularly in the next 12-24 months, says Richard Ferris at Foley & Lardner LLP.

  • California Anti-SLAPP In 2015: A Look At The Top Cases

    Thomas R. Burke

    Last year brought new wrinkles and interpretations of California’s anti-SLAPP statute — one of the broadest and strongest statutory protections for free speech and petitioning activities in the nation, say Thomas Burke and Diana Palacios of Davis Wright Tremaine LLP.

  • Getting Payors On Board With Telehealth

    Anthea R. Daniels

    Telehealth has the potential to lower health care costs, improve access, and enhance quality and patient outcomes. However, it is currently limited by reimbursement systems such as Medicare, state Medicaid programs and commercial payors, says Anthea Daniels, a shareholder at Baker Donelson Bearman Caldwell & Berkowitz PC.

  • Man Vs. Machine: The New Era Of Self-Driven Cars

    Kimberly L. Wald

    Although self-driven cars are a very new development, many different companies, like Google, Tesla and Nissan are scrambling to develop a foothold in this arena. Self-driving cars have already raised a host of legal issues, and states are already introducing new legislation to try and keep up with the fast pace of progress, says Kimberly Wald at Kelley Uustal PLC.

  • FDA's Strategy For Interoperable Medical Device Regulation

    Mark Mansour

    In order to balance the competing priorities of developing new and innovative interoperable medical devices and protecting patient safety and privacy laid out in its recent guidance, the U.S. Food and Drug Administration should conduct a fact-based technical analysis to assess the costs and potential burdens for medical device manufacturers and others in the health information technology marketplace, say attorneys at Mayer Brown LLP.