Gains from the sale of a wholly owned subsidiary qualify as business income under Arizona tax law, a state appeals court ruled on Tuesday.
The Electronic Frontier Foundation on Tuesday asked the D.C. Circuit to reverse a lower court’s dismissal of its Freedom of Information Act suit seeking a document containing the DOJ's legal advice to the FBI on a now-discontinued telephone surveillance program.
A California federal judge on Monday rejected a request by Samsung Electronics Co. Ltd. to stay its smartphone patent dispute with Apple Inc. in light of a preliminary ruling that a key Apple patent is invalid, saying that delaying the case will harm Apple.
The U.S. International Trade Commission said Monday it would review a portion of an administrative law judge's finding that LG Electronics Inc., Samsung Electronics Co. Ltd., Barnes & Noble Inc. and other companies do not import consumer electronics that infringe a microprocessor patent held by Technology Properties Ltd. LLC.
A Texas jury ruled Monday that online computer retailer Newegg Inc. infringed TQP Development LLC's data encryption patent and ordered it to pay $2.3 million in damages, in a loss for a company known for its policy of never settling with plaintiffs it calls patent trolls.
A California federal judge on Monday entered judgment in favor of Apple Inc. in a class action brought by a group of iPhone and iPad users who said their devices leaked personal data to third parties, holding that the plaintiffs lacked standing to pursue their claims.
A chief legal adviser to the Europe Union's highest appeals court said Tuesday that EU law allowed for court injunctions that require Internet service providers to block subscriber access to pirate websites.
A California federal jury on Monday found that Apple Inc.'s iPhone 4 did not infringe a patent held by NetAirus Technologies LLC and its owner Richard L. Ditzik covering wireless handset communications and also invalidated many of the patent's claims.
Apple Inc. on Tuesday told a California federal judge overseeing FlatWorld Interactives LLC’s touch-screen patent infringement suit against the electronics giant that FlatWorld must divulge emails between its co-founder and her husband, a former Morgan Lewis & Bockius LLP attorney who once represented Apple, saying spousal privilege doesn’t protect the communications.
An Indiana federal judge last week refused to hand a win to either party in the U.S. Equal Employment Opportunity Commission's disability bias suit against AT&T Corp. over the termination of a worker with Hepatitis C, saying a question remained as to whether regular attendance was an essential job function.
Semiconductor manufacturer Microsemi Corp. on Tuesday said it has completed its $230 million acquisition of industrial timekeeping technology company Symmetricom Inc., after a successful completion of its tender offer for all outstanding Symmetricom shares.
Dish Corp. is once against trying to dodge claims that its chairman improperly bought up the secured debt of LightSquared Inc. in an effort to snag the bankrupt company’s wireless spectrum assets, urging a judge Tuesday to dismiss the allegations.
A LexisNexis Group unit was prepared to offer $180 million for the assets of bankrupt Florida-based data solutions provider TLO LLC before bidding was shut down by the debtor, according to a transcript of the auction filed Thursday.
China on Sunday struck back at accusations that it caused a delay in negotiations among dozens of World Trade Organization members to reduce tariffs on technology products, saying the blame should fall on the U.S. for being too demanding.
Insurance software provider Applied Systems Inc. said Tuesday it has signed an agreement to be acquired by funds advised by private equity firm Hellman & Friedman LLC for $1.8 billion from its current holder, Bain Capital LLC.
A Texas federal judge on Monday agreed to knock three of AT&T Inc.’s contested four E911 mobile centers out of a battle over whether its mobile locator systems infringe a patent owned by TracBeam LLC, finding that three of AT&T’s four E911 mobile centers didn’t perform a function essential to the patent’s system. (Correction: An earlier story and headline incorrectly reported that AT&T's three nontesting centers were eliminated from the suit, and the story incorrectly reported an argument over the patent for mobile base stations. The errors have been corrected.)
The U.S. Department of Justice on Monday filed a motion in Massachusetts federal court to intervene in a proposed class action claiming subsidiaries of tax preparation company H&R Block Inc. are violating federal and state anti-discrimination laws because their online tax services aren't easily accessible to blind taxpayers.
Lavabit LLC on Friday pushed the Fourth Circuit to reject the government's argument that the secure email provider has an obligation to turn over its private encryption key, saying such a holding would unlawfully transform companies into “junior surveillance adjuncts.”
A New York federal judge on Monday forced arbitration for three Comcast Corp. customers in a putative class action alleging collusion between major sports leagues and pay-TV providers, but denied Comcast's requests to arbitrate the claims of five others.
The Federal Circuit on Monday revived Centillion Data Systems LLC's patent suit against Qwest Corp., ruling that a lower court wrongly granted Qwest summary judgment on claims that it had infringed an electronic billing patent.
Given that there is no apparent legal requirement to conduct a data breach response investigation in a particular way — and only vague guidance provided by HIPAA and the PCI Data Security Standards — companies may be tempted to reduce the scope of the enterprise impact assessment to what they consider the bare minimum. This approach should be resisted for two important reasons, say Kim Peretti of Alston & Bird LLP and Jason Straight of Kroll Advisory Solutions.
A recent Federal Circuit decision and a recent Patent Trial and Appeal Board ruling held that establishing obviousness in view of the prior art requires more then an unsubstantiated claim of common sense and common subject matter. These decisions should serve as valuable reminders to practitioners, whether it be during litigation, re-examination or patent prosecution, of what is required but often overlooked, say attorneys with Dentons.
While most organizations active in the EU’s electronic communications sector agree that increased consistency is desirable, most issues covered in the European Commission’s new electronic communications regulation package would not be among the top priorities for either these providers or the national regulatory authorities in member states, says Gita Sorensen of Berkeley Research Group LLC.
With the rapid development of new technologies, many manufacturers and technology experts quickly recognize the need to adopt a specific technology that will become the new standard and gather to create a new standard-setting organization, but there are some factors that may affect willingness to participate in standard setting, says Robert Stoll, a partner with Drinker Biddle & Reath LLP and former U.S. Patent and Trademark Office commissioner for patents.
In the wake of BlackBerry Ltd.’s announcement to take the company private through a $4.7 billion deal with Fairfax Financial Holdings Ltd., attention will certainly be drawn to the company’s patent portfolio and valuation. In spite of the negative press BlackBerry has experienced over the last few years, its substantial patent portfolio should not be overlooked, says Miranda Lim of Chipworks Inc.
As the manufacturing process evolves to meet the demands of today’s marketplace, so too must the processes and procedures for protecting confidential and proprietary information. Starting the protection process early and having a plan in place to react if a competitor tries to unfairly misappropriate a company’s innovations is crucial, say John Birmingham Jr. and Michael Groebe of Foley & Lardner LLP.
Practitioners before the Judicial Panel on Multidistrict Litigation should note that the basis for denying or granting MDL motions is not unique to an industry or set of cases. Rather, patterns regarding the denial and grant of MDL motions — such as the recent denial of two new food industry MDL proceedings arising from “All Natural” marketing campaigns — cut across industry lines and have certain common characteristics, says Alan Rothman of Kaye Scholer LLP.
A recent survey of more than 1,000 chief legal officers found that 87 percent of in-house counsel indicated ethics and compliance as one of the leading issues keeping them up at night. Government and regulatory changes followed as a top concern now and in the year ahead. This is not because companies intend on breaking laws — but because the laws vary, make compliance a challenge, says James Merklinger, vice president and general counsel of the Association of Corporate Counsel.
Despite technological challenges, some degree of uncertainty and legal wrangling, it is clear that major players in the travel and hospitality industry are positioning themselves to take advantage of the m-commerce environment. One problem mobile payment providers are wrestling with is “banking in” means of transferring, recording and tracking multiple coupon and loyalty program “credits and debits,” says Benjamin Lambiotte of Garvey Schubert Barer.
In indemnity provisions, there are several key clauses that are commonly outcome-determinative and most likely to become major negotiation items in an indemnity discussion once a third-party claim is asserted — yet these clauses are often overlooked during drafting, say Daniel Winston and Diana Huang of Choate Hall & Stewart LLP.