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Intellectual Property
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Technology
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May 21, 2013
House Group To Tackle Telecom Network Security Risks
A group of House lawmakers on Tuesday launched a bipartisan working group on ways to protect telecommunications networks from cyberattacks, kickstarting the process by hearing from industry experts that government collaboration with the private sector and better vetting of foreign vendors are vital.
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May 21, 2013
Tech Co. Faces Sanctions In Patent Row With Simon Property
A Wisconsin federal judge on Tuesday ordered NorthMobileTech LLC to pay roughly $368,500 in sanctions for pursuing an unsuccessful patent enforcement suit that was allegedly fraught with misconduct against real estate giant Simon Property Group Inc.
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May 21, 2013
FTC Commish Pushes For Enforceable Do-Not-Track Program
Federal Trade Commissioner Maureen K. Ohlhausen on Tuesday urged the online advertising industry to craft an enforcement-backed mechanism that would allow consumers to opt out of online tracking, saying that the industry-created standard would likely fare better than static legislation.
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May 21, 2013
Alioto Can't Unfreeze $28M LCD Fee Cut From Escrow
A California federal judge Monday refused lawyer Joseph M. Alioto's attempt to unfreeze $28.2 million in attorneys' fees for liquid crystal display multidistrict, price-fixing litigation while third party LFG National Capital LLC's lawsuit over a lien against his firm is still pending.
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May 21, 2013
ClearPlay Asks High Court To Weigh DVD-Censor Patent Case
ClearPlay Inc. has asked the U.S. Supreme Court to take up its claims accusing Nissim Corp. of violating a licensing agreement the companies had for DVD-censoring technology, arguing the Eleventh Circuit wrongly found the claims were preempted by federal law.
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May 21, 2013
Chimei Inks Initial Deal In Retailers' LCD Price-Fixing Case
Target Corp., Sears Roebuck and Co. and several other retailers in multidistrict litigation accusing a slew of electronics makers of fixing the price of liquid crystal display panels said Tuesday that they had reached a preliminary deal with Chimei Innolux Corp. to settle the dispute.
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May 21, 2013
Apple CEO Denies Avoiding Taxes With Offshore Shell Cos.
Apple Inc. CEO Timothy D. Cook on Tuesday defended his company's policy of holding billions of dollars in worldwide revenue in Irish shell corporations and shielding them from U.S. and international corporate taxes, telling a Senate investigations subcommittee that contrary to its report, Apple hasn't undercut its tax responsibilities.
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May 21, 2013
Nortel's British Retirees Fight Objection To $1.3B In Claims
Nortel Network Corp.'s British retirees asked a Delaware bankruptcy judge Monday to strike an objection to their $1.3 billion in claims, contending the response by the defunct telecom's U.S. unit does not properly address any of the pension fund's allegations.
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May 21, 2013
Yahoo To Take 4 Floors At Former NY Times Building
Yahoo Inc. will move its 500 New York employees from several Manhattan offices to four stories at the former New York Times building in connection with its $1.1 billion acquisition of Tumblr, CEO Marissa Mayer announced at a press conference following the merger announcement Monday.
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May 21, 2013
Biz Groups Warn House Panel To Keep Cyber Reforms Flexible
Leaders in the energy, banking and security fields urged the House Energy and Commerce Committee on Tuesday to make sure the government uses flexible, nonprescriptive standards to protect critical infrastructure from cyberattacks, so businesses can adapt to rapidly evolving threats.
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May 21, 2013
Bingham Adds Ropes & Gray Atty To Silicon Valley IP Group
Bingham McCutchen LLP is adding a former Ropes & Gray LLP attorney to its fleet of partners in its Silicon Valley intellectual property group, the firm announced Tuesday.
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May 21, 2013
Motorola To Get Jury Trial In Microsoft FRAND Case
A Washington federal judge ruled Monday that Google Inc.'s Motorola Mobility LLC will face a jury trial — not a bench trial — when it defends claims this summer that it breached its obligation to license standards-essential patents to Microsoft Corp. at reasonable rates.
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May 21, 2013
Deals Rumor Mill: Dish, Alere, Raytheon
Dish Network's chairman served up a $2 billion offer for wireless spectrum controlled by bankrupt LightSquared, while an activist investor is ratcheting up pressure on multibillion-dollar life sciences firm Alere to seek out a buyer.
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May 21, 2013
Samsung Seeks Reversal Of $15M Verdict In Patent Row
Samsung Electronics Co. Ltd. on Monday asked a Texas federal judge to reverse a jury's $15 million verdict against it for allegedly infringing a patent held by technology licensing company Summit 6 LLC, arguing jurors ignored proof that the patent was invalid.
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May 21, 2013
Nexteer Escapes Hitachi Rare-Earth Patent Probe With Deal
Hitachi Metals Ltd. has agreed to drop Nexteer Automotive Corp. from an investigation claiming dozens of companies imported products containing patented rare-earth magnets, according to settlement papers filed Monday with the U.S. International Trade Commission.
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May 21, 2013
Sprint's Sweetened $2.5B Bid Delays Clearwire Vote
Sprint Nextel Corp. upped its controversial takeover bid for Clearwire Corp. to about $2.5 billion just hours before it was set to go before Clearwire shareholders Tuesday, pushing the meeting until next week and giving Clearwire’s board and disgruntled investors plenty to think about.
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May 20, 2013
Calif. Senate Passes Bill Boosting Data Breach Alerts
The California Senate on Thursday approved a measure that would require individuals and companies that maintain computerized data about their clients or customers to notify them if a security breach is detected.
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May 20, 2013
Aereo, FilmOn Settle Trio Of Trademark Disputes
Media mogul Barry Diller and billionaire Alki David have settled three California federal court trademark disputes regarding the websites, hardware and names pertaining to their rival Aereo Inc. and FilmOn television-streaming services, the parties said in a joint statement on Monday.
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May 20, 2013
Apple Gets Potential Damages Pared In NetAirus Patent Suit
A California federal judge on Monday limited the potential damages in a suit alleging four of Apple Inc.'s iPhone models infringe a patent relating to wireless handset communications, finding NetAirus Technologies LLC can only recover damages arising from recent sales of the iPhone 4.
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May 20, 2013
Nike, Apple Face False Ad Suit Over Fitness Wristband
Sports apparel retailer Nike Inc. and electronics giant Apple Inc. were hit with a proposed class action Friday that challenges their advertising claims that the Nike Plus FuelBand electronic wristband accurately records each calorie burned by its wearer during physical activity.
Expert Analysis
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Spending Bill's China Cybersecurity Provision Is Unclear
The vague language of the China cyber-espionage provision in the continuing resolution to fund federal agencies through the rest of the fiscal year might be problematic because it could potentially apply to any part of a company’s supply chain. The provision also raises potentially significant international trade issues, say attorneys with Hogan Lovells LLP.
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How Do You Solve A Problem Like ReDigi?
A federal district court in New York recently ruled against ReDigi, the fledgling digital music resale service provider, in a copyright challenge brought by Capital Records. Although the result was no surprise, the decision — which will likely be appealed — leaves digital copyright law lagging some distance behind its favored hard copy brother, says Peter Karol of New England Law, Boston.
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5 Tips For Staying Ahead Of Mobile Privacy Enforcement
Mobile marketing is one of the important privacy trends for companies to pay attention to this year. There are five ways companies that are interested in implementing compliance programs can stay out of regulatory enforcement or class actions, say attorneys with Edwards Wildman Palmer LLP.
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'Hot' Documents Do Not Tell The Whole Story In Antitrust
A recent Law360 Expert Analysis piece used the complaint against the Bazaarvoice Inc./PowerReviews Inc. merger to illustrate the importance of “hot” documents. While these documents are always helpful to catch the interest of the press, a busy judge or an unsophisticated jury, antitrust cases are usually resolved on economics and facts, not snippets from emails or musings from corporate MBAs, says David Balto, a former policy director of the Federal Trade Commission.
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Power Integrations Case Will Help Shape Damages Theories
The Federal Circuit recently held that there was no legal basis for worldwide patent damages in Power Integrations Inc. v. Fairchild Semiconductor International Inc. The case will force patentees to be particularly careful in formulating damages theories that are based on evidence of a territorial nexus to the United States, say Jake Freed and Alexa Hansen of Covington & Burling LLP.
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8 Steps To Enforceable Terms Of Use On Mobile Devices
Cases addressing the enforceability of website terms of use accessed on desktop computers suggest ways companies can maximize the chance that their terms of use will be enforced with consumers using mobile devices, say Gary Miller and Dan Hinkle of Grippo & Elden LLC.
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How Lawyers Benefit From Early Neutral Evaluation
Early neutral evaluation usually asks a retired judge to consider one party’s case, as if preparing to rule on summary judgment or presiding over a bench trial. Effective evaluation can supply a reality check on a case — it gives the lawyer the gift of seeing the case as others see it, says James Rosenbaum, a panelist with JAMS and former U.S. district judge for the District of Minnesota.
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New Facebook Notification: 'You've Been Served'
While the facts of FTC v. PCCare247 Inc. in the Southern District of New York are unique, this case and recently proposed Texas legislation may signal a U.S. trend toward considering, in appropriate circumstances, the use of social media to reach foreign litigants, says Jason Gonder of Haynes and Boone LLP.
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AT&T Case Confirms GAO's Broad View Of Waiver Authority
The U.S. Government Accountability Office's decision in AT&T Government Solutions Inc. opens the door for government agencies to use their waiver authority under Federal Acquisition Regulation Subpart 9.5 during a protest to render academic a protester’s claim of potential organizational conflicts of interest, say attorneys with Morrison & Foerster LLP.
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Litigation Support At A Crossroads
Despite recession-driven cost pressures that have resulted in the downsizing of nonlawyer personnel at law firms, many litigation support departments are growing. In a recent survey, half of respondents indicated that their function has grown in size in the past three years, and more than half of respondents indicated that current staffing levels are inadequate for the projected needs of the coming year, say experts at Epiq Systems and Georgetown University Law Center.