Technology

  • September 22, 2017

    Qualcomm Nabs Former FTC Official For IP, Antitrust Policy

    Qualcomm Inc. has bolstered its ranks with the addition of a former Federal Trade Commission official and prior director of George Mason University’s Global Antitrust Institute, who is now serving as the company’s director of intellectual property and competition policy. 

  • September 22, 2017

    NTIA Floats Opening 911 Subsidy To Tribes Directly

    The National Telecommunications and Information Administration has proposed renewing and updating a 911 upgrade program that helps states implement broadband-friendly emergency services systems by opening up the subsidy program to tribal organizations directly.

  • September 21, 2017

    Gatorade Won’t Talk Trash About Water After Settlement

    In a $300,000 settlement with California, Gatorade has agreed not to show water unflatteringly in any advertisements, after releasing an app game that misleadingly depicted water as a hindrance to athletic performance, California Attorney General Xavier Becerra announced Thursday.

  • September 21, 2017

    Marvell Waived Privilege Handing Report To SEC, Judge Says

    A California federal judge Thursday ordered Marvell Technology to give a putative class of investors the underlying work papers used to prepare an investigatory report that Marvell commissioned on its accounting practices, saying such reports are “suspect” and that tendering it to the U.S. Securities and Exchange Commission waived any privilege.

  • September 21, 2017

    Apple Patent Suit Sent To Calif. Amid Del. ‘Congestion’

    A federal judge has transferred a patent suit against Apple Inc. from Delaware to the Northern District of California, saying the district where Apple’s headquarters is located is “far more convenient” and noting that judicial vacancies in Delaware are causing “congestion” in its docket.

  • September 21, 2017

    Wolf Haldenstein Nabs Top Spot In Zoompass Investor Suit

    Wolf Haldenstein Adler Freeman & Hertz LLP will serve as lead counsel for a proposed class of Zoompass Holdings Inc. investors in a suit alleging the Canadian financial technology company concealed its involvement in a scheme to promote its stock, a New Jersey federal judge said on Wednesday.

  • September 21, 2017

    PTAB Lets Credit Card Patent Claims Stand Under Alice

    The Patent Trial and Appeal Board ruled this week that patent claims covering a credit card transaction verification method were not invalid under the U.S. Supreme Court’s Alice test, reversing a decision from the patent examiner.

  • September 21, 2017

    SEC Seeks No Penalty From IT Firm Over Execs' Alleged Fraud

    A bankrupt information technology company whose former top executives face criminal fraud charges for allegedly plundering their company’s accounts and trying to hide it won’t have to pay a cent under a settlement filed by the U.S. Securities and Exchange Commission in Illinois federal court on Wednesday.

  • September 21, 2017

    Amazon Takes $20M Tax Carrot To Expand In NYC

    Amazon.com Inc. is expanding its New York City presence with a 359,000-square-foot office, thanks to $20 million in performance-based tax credits coming the online retail giant's way under a jobs and investment program, the state governor said Thursday.

  • September 21, 2017

    Sens. Ask FCC To Open Comment On New Net Neutrality Docs

    A coalition of nine Democratic senators asked the Federal Communications Commission on Thursday to permit members of the public to comment on almost 50,000 newly released documents relating to the agency’s net neutrality proceedings, arguing that it is obligated to take stakeholder input into consideration.

  • September 21, 2017

    MasterCard Can't Challenge Card Tech Patents In CBM Review

    The Patent Trial and Appeal Board on Thursday rejected MasterCard International Inc.’s bid to invalidate two patents for card activation technology, finding a lawsuit over a license agreement MasterCard allegedly breached didn’t give it standing to challenge the patents in covered business method review.

  • September 21, 2017

    Legal Tech Download: Atrium And An Equifax-Suing Chatbot

    The world of legal technology is quickly evolving, with new products aimed at aiding lawyers coming to market in rapid succession. Here, Law360 takes a look at six recent major developments in legal tech.

  • September 21, 2017

    Health App Settles FTC Claims Over Broken Customer ‘Pacts’

    Pact Inc. has agreed to pay $940,000 to settle allegations that its mobile application falsely promised to pay users for meeting weekly exercise or diet goals, which the company calls “pacts,” and for continuing to charge them after the service was canceled, the Federal Trade Commission announced Thursday.

  • September 21, 2017

    FCC's Wireless Report Is Misleading, Media Org. Charges

    A forthcoming Federal Communications Commission report on investment in the wireless industry is effectively a setup for an anticipated push by the agency to roll back net neutrality rules, media advocacy group Free Press charged in a letter to FCC Chairman Ajit Pai this week.

  • September 21, 2017

    Sheppard Mullin Adds New Corporate Partner To SF Office

    Sheppard Mullin Richter & Hampton LLP added a partner from Manatt Phelps & Phillips LLP with expertise in financial services to its corporate practice group in San Francisco this week.

  • September 21, 2017

    Auto Software Maker Accuses Rival Of IP Cybertheft

    An Illinois-based maker of software designed to let car enthusiasts and repair shops tune vehicle computers went after a rival in Washington federal court Wednesday for allegedly hacking into the company's systems and making off with trade secrets.

  • September 21, 2017

    CFTC Accuses Brooklyn Programmer Of $600K Bitcoin Scam

    The U.S. Commodity Futures Trading Commission sued a Brooklyn computer programmer on Thursday in Manhattan federal court for allegedly stealing $600,000 in bitcoin from dozens of investors in his company and claiming that he had been hacked in an effort to cover it up.

  • September 21, 2017

    Fed. Circ. Strikes Down Gilstrap’s Patent Venue Rules

    The Federal Circuit on Thursday ruled that Eastern District of Texas Judge Rodney Gilstrap abused his discretion by refusing to transfer a patent suit against Cray Inc. to another court, holding that venue rules the judge has established are not in line with patent law.

  • September 21, 2017

    Attys Can’t Yet Dump Client Jawbone In Fitbit IP Suit

    A California federal judge declined to rule on Thursday on a bid by attorneys to withdraw from representing Jawbone in Fitbit Inc.’s patent infringement suit against the rival wearable fitness device maker, expressing concerns that if he grants the unopposed request, Jawbone will be unrepresented, which could disrupt the litigation.

  • September 21, 2017

    Western Digital Lobs New Arbitration Request Against Toshiba

    The battle between Western Digital and Toshiba over their joint venture interests continued Wednesday as Western Digital filed another request for arbitration, this time over the Japanese conglomerate’s $1.8 billion investment in the business, the same day Toshiba inked its $18 billion memory unit sale to Boston-based Bain Capital.

Expert Analysis

  • Risks And Rules For Data Collection At Retail Properties

    Daniel Ray

    Brick-and-mortar retailers and other property-level businesses have increasingly taken advantage of technology in learning about consumer behavior. But security breaches of consumer information have led to government investigations and multimillion-dollar settlements. Businesses should incorporate privacy principles at every stage of the development of data tracking and collection programs, say attorneys with King & Spalding LLP.

  • Finding Eligible Subject Matter For Business Methods

    Matthew Grady

    Although software and business method patents have recently come under fire, there are valid approaches to successfully preparing and prosecuting these applications in the current environment, say Matthew Grady and Ed Russavage of Wolf Greenfield & Sacks PC.

  • Large And Small Cyberrisk Solutions For Health Care Cos.

    John Gilligan

    Following the radical changes brought by advances in internet of things technology, the health care industry must take both immediate micro steps and larger macro steps to protect its patients from cyberrisks, say John Gilligan and Kimberly Metzger of Ice Miller LLP.

  • Opinion

    Congress Must Do More To Speed Up DOD Cyber Acquisitions

    Daniel Schoeni

    The slow pace of cyber acquisitions constitutes a significant vulnerability. Congress has relieved some of the U.S. Department of Defense's regulatory burden in the past two years, but the streamlining efforts do not go nearly far enough to deter our enemies, says Daniel Schoeni, a judge advocate with the U.S. Air Force.

  • Tips For Drafting Patents That Won't Need Alice Step 2

    Phillip Articola

    Based on three cases in which the Federal Circuit has found software-related claims to recite patent-eligible subject matter, a patent application drafter can improve the chances that claims pass muster under step one of the Alice two-step patent-eligibility test, thereby not requiring an analysis under step two, says Phillip Articola of Banner & Witcoff Ltd.

  • In 9th Circ., Facts Can Doom Forward-Looking Statements

    Nathaniel Cartmell III

    The Private Securities Litigation Reform Act protects “forward-looking statements,” but what if a prediction is presented with, and based upon, statements of current fact? New opinions from the Ninth Circuit suggest that such juxtaposing has become risky, say Nathaniel Cartmell III and Bruce Ericson of Pillsbury Winthrop Shaw Pittman LLP.

  • How To Stay Protected When Using Biometrics Post-Spokeo

    Benjamin Byer

    Recently, a wave of lawsuits has accused companies of violating biometric privacy laws. But the two-part test established by the Ninth Circuit in Robins v. Spokeo creates another hurdle for plaintiffs seeking to file these types of lawsuits, say Benjamin Byer and John Parsi of Davis Wright Tremaine LLP.

  • A Guide To The Executive Branch Official Nomination Process

    Adam Raviv

    Although the Trump administration has completed the vetting and confirmation of a cabinet and White House staff, thousands of senior positions remain unfilled throughout the executive branch. More than ever, people selected for those posts find themselves under close scrutiny, say Adam Raviv and Reginald Brown of WilmerHale.

  • Fixing The Broken Software Supply Chain As Legal Counsel

    Marty Mellican

    The supply chain for the software industry is inefficient and dysfunctional, costing tens of billions per year in waste while also injecting risk into companies, governments and households worldwide. In-house counsel for both software suppliers and buyers should work together in order to transform this supply chain, says Marty Mellican of Flexera Software LLC.

  • Ransomware And Medical Devices: A Growing Risk

    Thomas Barnard

    Numerous medical devices now have internet connectivity in order to allow providers to monitor patients remotely, but the risks created by this trend are poorly acknowledged and understood by manufacturers, designers, prescribers and end-users. It is far more than data or money at stake — it is patients' lives, say attorneys with Baker Donelson Bearman Caldwell & Berkowitz PC.