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Technology

  • January 16, 2019

    Willkie Steers $500M Investment In Veeam Software

    Automated data management software maker Veeam Software will receive a $500 million investment from tech-focused venture and private equity firm Insight Venture Partners and the Canada Pension Plan Investment Board in a deal guided by Willkie Farr & Gallagher LLP, the companies said Wednesday.

  • January 16, 2019

    4 Firms Guide Fiserv's $22B First Data Buy

    Fiserv said Wednesday it will buy private equity-backed financial services company First Data in a $22 billion all-stock acquisition guided by Sullivan & Cromwell LLP, Simpson Thacher & Bartlett LLP, Latham & Watkins LLP and Kirkland & Ellis LLP.

  • January 15, 2019

    PTAB Nixes Patent In Suit Over Google 'Lucky' Button

    Google LLC scored a win in its fight with Israeli company Spring Ventures Ltd. over the technology behind the search giant’s “I’m Feeling Lucky” feature, when the Patent Trial and Appeal Board on Tuesday said Spring Ventures’ patent for web searches without exact site addresses is invalid due to obviousness.

  • January 15, 2019

    Prof Calls Qualcomm Royalties 'Naked Tax,' Invokes Microsoft

    A University of California, Berkeley economics professor testified for the Federal Trade Commission on Tuesday that Qualcomm's standard-essential patent royalties serve as a competition-killing "naked tax" on its modem chips, comparing the practice to software bundling that got Microsoft in trouble with the feds 20 years ago.

  • January 15, 2019

    Google, Amazon Urged To Keep Face ID Tech From Feds

    Dozens of advocacy groups joined together Tuesday to push Microsoft, Google and Amazon to refrain from selling face surveillance technology to the federal government, arguing that such a move would undermine public trust in their businesses and hand the government sweeping new power to target immigrants and minorities.

  • January 15, 2019

    Drivers At Fault For Their Own Stalled Arbitrations, Uber Says

    Uber told a California federal judge on Monday that drivers requesting an order to force the ride-hailing company to cover the costs of their individual arbitrations over a classification dispute are impeding their own progress by seeking the order in federal court and refusing to pay their filing fees.

  • January 15, 2019

    DLA Piper Scores Tech IP Buff From Boies Schiller Flexner

    DLA Piper added a partner with patent litigation experience from Boies Schiller Flexner LLP to its intellectual property and technology practice in Los Angeles, the firm announced.

  • January 15, 2019

    PTAB To Review IBM Patent Despite $57M Groupon Case

    The Patent Trial and Appeal Board will review an IBM Corp. e-commerce patent challenged by a group of travel websites, rejecting Tuesday the argument that it should deny the petition in light of a recent jury verdict against Groupon Inc. in a $57 million infringement dispute.

  • January 15, 2019

    PTAB Hears First Case Under New Relaxed Patent Guidelines

    A Patent Trial and Appeal Board panel questioned two companies Tuesday about four patents covering methods of electronically storing financial documents, just days after the U.S. Patent and Trademark Office released new guidelines on patent applications that include previously ineligible material.

  • January 15, 2019

    Telecom Dispute Claim Too Vague To Review, Says 10th Circ.

    The Tenth Circuit on Monday reversed and remanded an internet provider's claim that federal law preempts part of Santa Fe, New Mexico's telecommunications-franchise ordinance, saying it was too vague for the appellate court to review it.

  • January 15, 2019

    Fed. Circ. Affirms Alice Ax Of Monitoring Software Patents

    The Federal Circuit on Tuesday upheld a lower court decision invalidating four Power Analytics Corp. patents covering software for monitoring electrical systems under the U.S. Supreme Court Alice decision.

  • January 15, 2019

    Ericsson Fights HTC's Bid To Delay Trial Over Patent Royalties

    Ericsson has urged a Texas federal court not to delay a trial scheduled for next month on HTC Corp.'s accusation that Ericsson overcharges for royalties on cellular and wireless standard-essential patents, arguing there's no need to wait until after an arbitrator decides if some issues should be arbitrated.

  • January 15, 2019

    Wabtec Raps 'Desperate' Siemens In $8.3M Railroad IP Suit

    Westinghouse Air Brake Technologies Corp. on Tuesday called a battery of Siemens Mobility Inc. patent infringement claims "desperate" gambits by a latecomer to the U.S. rail safety market, during opening statements in Delaware for a nine-day $8.3 million federal jury trial.

  • January 15, 2019

    Fed. Circ. Upholds Apple’s $440M Loss In VirnetX Patent Case

    The Federal Circuit on Tuesday upheld a $440 million Eastern District of Texas judgment that Apple Inc. infringed four VirnetX Inc. network security patents, although it put off ruling on whether to affirm Patent Trial and Appeal Board decisions invalidating the patents.

  • January 15, 2019

    FCC Member Urges Incentive Auction For Education Spectrum

    A Democratic member of the Federal Communications Commission made a case Tuesday for consolidating and auctioning off dormant spectrum licenses held by educational institutions, saying the revenue generated by a sale could fund projects to increase broadband access in students’ schools and homes.

  • January 15, 2019

    PTAB To Review Patent At Center Of Qualcomm, Apple Fight

    The Patent Trial and Appeal Board agreed Tuesday to review a Qualcomm Inc. patent related to cellular technology that some Apple Inc. iPhones were previously found to infringe, saying parts of the patent are likely invalid.

  • January 15, 2019

    Ex-Facebook Employee Fights Bid To Nix Overtime Pay Suit

    A former Facebook sales employee has urged an Illinois federal court to reject the social media giant's bid for a quick win in her suit claiming the company uniformly misclassified its workers and illegally deprived them of overtime pay to save on labor costs.

  • January 15, 2019

    Cloud Data Co. Rubrik Nabs $261M In Series E Funding Round

    Cloud data management company Rubrik on Tuesday said it pocketed $261 million in a Series E funding round that boosted the Palo Alto, California-based company’s value to $3.3 billion.

  • January 15, 2019

    3 Firms Shepherd $275M Deal For PE-Backed AppRiver

    Security technology company Zix Corp. has agreed to buy cloud-based cybersecurity services provider AppRiver from private equity firm Marlin Equity Partners for $275 million in cash, the companies said Tuesday, in a deal steered by Baker Botts LLP, Kirkland & Ellis LLP and Simpson Thacher & Bartlett LLP.

  • January 15, 2019

    UberBlack Drivers Ask 3rd Circ. To Revive Wage Suit

    A proposed class of Philadelphia-area UberBlack limo drivers asked the Third Circuit to revive their suit accusing Uber Technologies Inc. of violating state and federal labor laws, saying a district court prematurely determined they were independent contractors and not employees entitled to minimum and overtime wages.

Expert Analysis

  • Perspectives

    Cy Pres Awards Are The Best Answer

    John Campbell

    The argument that cy pres awards violate the rights of absent class members is wrong on many levels and ignores the fact that prohibiting such distributions creates far more problems than it solves, says John Campbell, a professor at the University of Denver Sturm College of Law.

  • Guest Feature

    Judge Weinstein On Activism, Gobbledegook, Going Robeless

    Judge Jack Weinstein

    Judge Jack Weinstein has served in the Eastern District of New York for over half a century. White and Williams LLP attorney Randy Maniloff visited his Brooklyn office to find out what makes the 97-year-old jurist tick.

  • New Issues Raised By Internet Of Things Payments

    Duane Pozza

    As all signs point to payments growing in the internet of things space in 2019 and beyond, a key challenge is figuring out how consumer laws and regulations will apply to devices with small or no screens, or ones relying primarily on voice interaction, says Duane Pozza of Wiley Rein LLP.

  • Will New Congress Pass A National Data Protection Law?

    Joseph Facciponti

    The 116th Congress has an ideal opportunity to pass bipartisan privacy legislation that could safeguard consumer data, provide clear and uniform rules for businesses, and preserve innovation. Yet any new legislation faces significant hurdles, say Joseph Facciponti and Maxwell Thompson of Murphy & McGonigle PC.

  • Rule 36 Affirmance Can Have Preclusive Effect At PTAB Too

    Adam Fowles

    The Federal Circuit has found that Rule 36 affirmances may collaterally estop a party in district court proceedings. Last month's decision in VirnetX v. Apple further applied the use of Rule 36 affirmances to collaterally estop arguments arising from Patent Trial and Appeal Board decisions, says Adam Fowles of Haynes and Boone LLP.

  • What To Expect From Technology-Assisted Review In 2019

    Thomas Gricks

    2018 will be remembered as a transition year for technology-assisted review, and 2019 will likely see a continued focus on how we use TAR, with refinement and expansion across the board, says Thomas Gricks of Catalyst Repository Systems LLC.

  • Coordinating Patent Strategies Across PTAB And EPO

    Drew Schulte

    The positions, arguments and prior art raised in U.S. post-grant proceedings at the Patent Trial and Appeal Board may influence European Patent Office oppositions involving counterpart cases. Understanding the procedural similarities and differences between the two jurisdictions is key, says Drew Schulte of Haley Guiliano LLP.

  • New Enforcement Actions For COPPA's 20th Anniversary

    Sheila Millar

    The recent $4.95 million Children’s Online Privacy Protection Act penalty paid by Oath Inc. is the largest since the law was enacted in 1998, and signals that protecting children’s privacy is likely to remain high on the agenda for both the Federal Trade Commission and state attorneys general, say Sheila Millar and Tracy Marshall of Keller and Heckman LLP.

  • 2019 Will Bring More Good News For Litigation Finance

    Alan Guy

    Last year saw another round of year-over-year growth in litigation finance, as debates shifted from whether it should be permitted to how it can best be managed. The exciting news, says Alan Guy of Vannin Capital PCC, is that 2019 seems likely to bring more of the same.

  • Manufacturers Face The Rise Of Global Class Actions

    Christopher Young

    The list of countries that have enacted some form of collective litigation grows longer each year. Plaintiffs attorneys are sharing information and coordinating product liability claims, and the “global class action,” in which claims are raised in different fora and discovery shared globally, is on the rise, say attorneys with DLA Piper.