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Technology

  • August 13, 2018

    PTAB Says It Can't 'De-Institute' Review Post-SAS

    The Patent Trial and Appeal Board has denied Finjan Inc.’s bid to “de-institute” inter partes review on its computer security systems patent, after the board chose to review all challenged arguments following the U.S. Supreme Court's recent SAS Institute decision.

  • August 13, 2018

    PTAB Review Trumps State Immunity, DOJ Tells Fed. Circ.

    The U.S. Department of Justice has urged the Federal Circuit to find that state sovereign immunity does not extend to reviews at the Patent Trial and Appeal Board, saying the court all but decided the issue in a recent case involving a Native American tribe.

  • August 13, 2018

    Judge Rips Tata's 'Hail Mary' Bid In Discrimination Suit

    A California federal judge on Friday rebuffed Tata Consultancy Services Ltd.’s attempt to chop away at a class action accusing the information technology company of discriminating against non-South Asian employees, calling it "a Hail Mary effort at limiting the scope of relief" months before trial.

  • August 13, 2018

    Electronics Co. Says $1.4M Supply Row Belongs In Court

    A Hong Kong manufacturer of wireless audio system, mobile app and "internet of things" solutions has urged a California federal court not to force it to arbitrate its $1.4 million dispute stemming from a supply agreement with a Nevada-based electronics supplier, saying the parties' agreements call for settling disputes in district court. 

  • August 10, 2018

    How The Legal Industry Lets Down Lawyers With Disabilities

    The dissolution of a five-year-old bar group marks the latest setback for disabled attorneys, who often find little support while navigating an inhospitable industry.

  • August 10, 2018

    Gaining Access: Disabled Lawyers Share Their Stories

    In a series of interviews, lawyers tell Law360 how even well-intentioned professors can create barriers, how inclusivity can help a firm’s litigation prowess, and how “inspirational” can be a dirty word.

  • August 10, 2018

    Business Groups Take Up Fight To Amend Calif. Privacy Law

    More than three dozen business groups from the tech, retail, health, banking and other sectors are pushing California lawmakers working on making "technical" changes to a hastily enacted landmark privacy law to address some of the more "unworkable" aspects of the statute and to extend the compliance deadline. 

  • August 10, 2018

    Investor Hits Tesla, Musk With Fraud Claims Over Tweet

    An investor hit Tesla Inc. and its founder Elon Musk with a proposed securities fraud class action in California federal court, claiming they tried to pump up stock prices by proclaiming plans to take the company private — without having the more than $71 billion privatizing would require.

  • August 10, 2018

    Oracle Slapped With Securities Fraud Suit After Stock Drop

    Investors filed a proposed securities fraud class action Friday against Oracle in California federal court, holding the technology giant responsible for a one-day stock price plunge of 9.4 percent and alleging the company’s cloud revenues were driven by unsustainable “coercive” sales tactics.

  • August 10, 2018

    Cohen Milstein Serves WikiLeaks With DNC Suit Via Tweet

    After getting no response through traditional methods, Cohen Milstein Sellers & Toll PLLC served WikiLeaks via tweet on Friday, posting a complaint by its client, the Democratic National Committee, that alleges a conspiracy by Russians, the Trump campaign and WikiLeaks to hack and sabotage the party during the 2016 election.

  • August 10, 2018

    Qualcomm Fights 'Unprecedented' Class Cert. In Chip Row

    Chipmaker Qualcomm has urged a California federal court not to certify a class of smartphone buyers suing the manufacturer for forcing companies like Apple and Samsung into paying high royalty rates that were allegedly then passed on to the public, arguing the class of 250 million people is unfeasible and "unprecedented." 

  • August 10, 2018

    Arctic Cat Can't Get Presuit Damages In Jetski IP Row

    A Florida federal judge on Friday granted Sea-Doo maker Bombardier’s bid to limit the damages it owes ATV maker Arctic Cat for infringing its patented steering technology to the years after Arctic Cat filed suit, ruling that Arctic Cat failed to give notice of the infringement before that.

  • August 10, 2018

    CA Tech Hit With Investor Suit Over $18.9B Sale To Broadcom

    A putative class of CA Technologies Inc. investors opened a federal securities action against the information technology giant in Delaware on Thursday, alleging multiple disclosure and proxy failures in connection with its proposed $18.9 billion sale to global chipmaker Broadcom Inc.

  • August 10, 2018

    Feds Fight Ex-Barclays FX Trader’s Bid To Toss HP Case

    Prosecutors pushed back on an ex-Barclays trader’s motion to dismiss the criminal “front running” case against him Friday, arguing that the question of whether he had a duty to act in the best interests of Hewlett Packard Co. in a £6 billion foreign currency options transaction can only be determined by a jury.

  • August 10, 2018

    Apple Fights App Store Monopolization Claims At High Court

    Apple Inc. urged the U.S. Supreme Court in an opening brief on Friday to toss a proposed consumer class action claiming the technology giant illegally monopolized the iPhone app market, arguing that it acts merely as an agent for developers who set their own prices.

  • August 10, 2018

    Google Gets PTAB To Nix Claims Of Traffic Forecasting Patent

    The Patent Trial and Appeal Board has nixed multiple claims in a patent related to real-time traffic forecasting technology, siding with Google that the patent claims are invalid as obvious.

  • August 10, 2018

    Internet Advocates Blast FCC Copper Retirement Plan

    Communications advocacy group Public Knowledge has told the Federal Communications Commission that rural consumers could be hung out to dry by the agency's decision to expedite the approval process for telecoms wanting to switch from copper to fiber networks.

  • August 10, 2018

    Skadden Steers Amadeus’ $1.5B Deal For TravelClick

    Spanish hotel and travel technology services firm Amadeus IT Group SA on Friday said it will pay $1.52 billion to take over hospitality software company TravelClick Inc. from private equity shop Thoma Bravo LLC, with Skadden Arps Slate Meagher & Flom LLP guiding the buyer.

  • August 10, 2018

    Hacker Stole FIFA Video Game Virtual Currency, Feds Say

    A 25-year-old Serbian man allegedly hacked into Electronic Arts Inc.'s computer network and stole the video game company’s licenses and in-game currency for its popular soccer game FIFA 2018, according to court documents filed in California federal court.

  • August 10, 2018

    True Value Gets Credit Card Reader Patent Suit Dismissed

    An Illinois federal judge has dismissed a suit accusing hardware store chain True Value Co. of infringing a patent for a credit card reader, saying the "paradox" and "circular reasoning" in the claim destroys the plaintiff's arguments for patent infringement.

Expert Analysis

  • The Emperor Of Alice’s Abstract Wonderland

    Andrew Michaels

    Stepping through Alice’s two-part test for determining whether a patent impermissibly claims an abstract idea often feels like falling down a rabbit hole. In his dissent last week in Interval Licensing v. AOL, Federal Circuit Judge S. Jay Plager proposed two solutions. I support one but am skeptical of the other, says Andrew Michaels, a professor at the University of Houston Law Center.

  • Are Blockchain Utility Tokens Securities?

    Douglas Pepe

    Many of the most important and promising blockchain projects involve crypto assets and tokens that are designed for — and have — a real use, separate and apart from their prospects as speculative investments. These cases do not fit neatly into a Howey analysis. They are the square pegs facing a regulatory round hole, says Douglas Pepe of Joseph Hage Aaronson LLC. 

  • Opinion

    Law360's Global 20 Doesn't Acknowledge Global Networks

    Glenn Cunningham

    While I read with interest Law360's report analyzing the top 20 global law firms of 2018, I also noticed it doesn't tell the whole story. Global networks of independent law firms compare favorably with multinational firms in terms of geographic coverage, legal expertise, and awareness of local cultures and customs, says Glenn Cunningham of Interlaw Ltd.

  • Carpenter And The High Court's Shift On 4th Amendment

    Sarah Hall

    The U.S. Supreme Court's decision last month in Carpenter is a clear departure from other Fourth Amendment precedent involving information possessed by third parties and individuals’ activities that occur in public. It questions the very premises on which those precedents were based in light of modern technologies, say Sarah Hall and Brian Lanciault of Thompson Hine LLP.

  • Biometrics And Geolocation Legislation: A Midyear Update

    Justin Kay

    In the first half of 2018, technology that determines where you are and who you are garnered significant attention. Less discussed are the legislative efforts underway in the federal government and in many states to regulate these emerging technologies, says Justin Kay of Drinker Biddle & Reath LLP.

  • The Role Of IP In The Crypto Bubble

    Aaron Parker

    Crypto markets experienced a sharp downturn in the first half of 2018. But strategically positioned blockchain-related patent and trademark rights can help keep a company financially and technologically relevant through even turbulent times, say attorneys with Finnegan Henderson Farabow Garrett & Dunner LLP.

  • What Kavanaugh's Writing Tells Us About His Personality

    Matthew Hall

    People with certain personality traits tend to use certain words. A computer analysis of Judge Brett Kavanaugh’s D.C. Circuit opinions reveals that he is highly extraverted, which means that he would be a prominent voice on the U.S. Supreme Court, says Matthew Hall, a professor at the University of Notre Dame.

  • How Courts Are Analyzing Copyright Protection For Software

    Mark Moore

    Two recent copyright decisions reflect a challenge for companies seeking to protect their software — courts' highly nuanced examinations of the functionality and structure of the software at issue in determining whether copyright protection is warranted, says ​​​​​​​Mark Moore of Reavis Page Jump LLP.

  • Opinion

    Buying Military Innovation: P3s Are Not The Best Approach

    Daniel Schoeni

    Experts debate the best strategy for the U.S. Department of Defense's technological leap forward. Options include public-private partnerships and open systems architecture. Innovation is best served by the latter, says Daniel Schoeni, a judge advocate with the U.S. Air Force.

  • Del. Ruling Offers Trade Secret Reminders For Startups

    Josh Fowkes

    The Delaware Chancery Court's recent decision in Alarm.com v. ABS highlights the tension an emerging company often faces with its potential outside investors over its trade secrets, say Josh Fowkes and Brandi Howard of Arent Fox LLP.