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  • October 4, 2018

    Nokia Says No Licensing Duty Among Rival Cell Part Makers

    Cellular standard-essential patent practices have "never" required SEP holders to license that technology at the component level rather than the final product, Nokia said Wednesday in seeking to back Qualcomm against a Federal Trade Commission effort to require just that amid an antitrust suit in California federal court.

  • October 4, 2018

    Microsoft Joins Patent-Licensing Initiative LOT Network

    Microsoft Corp. has joined LOT Network, a patent-licensing initiative aimed at curbing lawsuits by so-called patent trolls, the group announced Thursday, a high-profile addition for a network that has grown rapidly since launching four years ago.

  • October 4, 2018

    Pence Slams China For Election Meddling With Tariff Salvos

    Vice President Mike Pence on Thursday forcefully rebuked China for attempting to interfere in the looming midterm elections with retaliatory tariffs and propaganda campaigns, following President Donald Trump's lead and veering the two countries' trade battle squarely into political territory.

  • October 4, 2018

    DOT Stresses Cooperation In Regulating Automated Vehicles

    The U.S. Department of Transportation on Thursday outlined how government agencies can prepare for computer-driven cars and trucks to enter the country’s roadway system by talking to stakeholders and working together to create compatible regulations.

  • October 4, 2018

    Car Data Co. Wants Discovery Quashed In Antitrust MDL

    A vehicle information services company has urged an Illinois federal judge to shut down a discovery request from a digital registration company in antitrust multidistrict litigation, saying any discovery should wait until its motion to dismiss is resolved.

  • October 4, 2018

    Portland Asks 9th Circ. For Review Of FCC's 5G Order

    The City of Portland has asked the Ninth Circuit to review a Federal Communications Commission order limiting local governments' power to impose conditions on the deployment of small cells used for 5G services, a ruling the Oregon city argues oversteps commission authority and actually will inhibit the 5G rollout.

  • October 3, 2018

    Nippon’s $60M Fine Reflects ‘Discount’ For DOJ Flub: Judge

    A California federal judge on Wednesday approved a $60 million fine against Nippon Chemi-Con Corp. for its role in a price-fixing conspiracy, but complained it had won a "discount" on the maximum because a U.S. Department of Justice attorney's possible conflict jeopardized the government's case.

  • October 3, 2018

    HP Urges Justices To Ax Ruling That Raised The Bar On Alice

    HP has urged the U.S. Supreme Court to overturn a Federal Circuit decision making it harder for courts to quickly invalidate patents for claiming patent-ineligible material, saying the "significant and detrimental change in the law" conflicts with the high court’s Alice test.

  • October 3, 2018

    Heisman Trust Tackles Website For Using Its Trademarks

    The Heisman Trophy Trust on Wednesday sued a website that tracks the competition for the Heisman Trophy in New York federal court, claiming the site has used the trust's trademarks without permission in order to capitalize on the award’s reputation and visibility.

  • October 3, 2018

    4 Firms Break From Pack In Scorching September For IPOs

    Four law firms grabbed the lion's share of work on initial public offerings during a busy September that saw 25 companies, including two blank-check companies, go public and raise more than $6.8 billion, anchored by technology and health care-related issuers plus a steady influx of China-based firms.

  • October 3, 2018

    CFTC Official Lauds Ruling Putting Crypto Under Its Purview

    An official at the U.S. Commodity Futures Trading Commission on Wednesday praised a Massachusetts federal court decision in a fraud case that bolsters the agency’s ability to prosecute cryptocurrency fraud.

  • October 3, 2018

    Broadband Groups Sue To Block Calif. Net Neutrality Law

    A group of broadband associations hit California Attorney General Xavier Becerra with a lawsuit in California federal court Wednesday seeking to block a new Golden State net neutrality law that bars internet service providers from speeding up, slowing down or showing priority to web traffic.

  • October 3, 2018

    Dell Still Exploring IPO Despite VMware Stock Swap Plan

    Dell Technologies Inc. is still exploring the potential of going public, saying Wednesday that it has discussed the possibility of an initial public offering with several investment banks, in the event that a deal involving tracking stock tied to subsidiary VMware is ultimately unsuccessful.

  • October 3, 2018

    PTAB Mostly Upholds Image Edit Patent In $4M Samsung Suit

    The Patent Trial and Appeal Board on Tuesday upheld parts of an image editing patent that a Florida federal jury recently found Samsung owed more than $4 million for infringing with a face-swapping feature in its smartphones and tablets.

  • October 3, 2018

    New WH Cyber Strategy Talks Big Game, But Has Big Holes

    The White House's newly unveiled national cybersecurity strategy takes the long-awaited step of adding digital combat to the top of America's foreign policy agenda, but it's unclear how its aggressive rhetoric will play out in practice, former federal officials say.

  • October 3, 2018

    Encrypted Phone Co. CEO Pleads Guilty To Aiding Drug Sales

    The chief executive officer of a Canada-based company that made encrypted smartphones designed to foil law enforcement pled guilty Tuesday to leading an operation that helped drug traffickers peddle their wares undetected, according to the U.S. Department of Justice.

  • October 3, 2018

    Xerox Names Ex-Icahn Atty As New General Counsel

    Xerox announced on Wednesday that Louie Pastor, previously deputy counsel at Icahn Enterprises, has been named the company’s new general counsel and executive vice president.

  • October 3, 2018

    Fiber Optic Co. Hit With Stock-Drop Suit Over Faulty Lasers

    A proposed class of investors hit a Houston area manufacturer of fiber optic networking products with a lawsuit alleging the company hid that faulty lasers in its products caused them to fail prematurely, causing the company's stock price to drop when the information came to light.

  • October 3, 2018

    NIST Issues Final Draft Of Updated Risk Management Plan

    The National Institute for Standards and Technology on Tuesday released a final draft of its updated information-system risk management framework, a revision that it says both better reflects privacy and supply-chain issues and better aligns with its cybersecurity framework, among other updates.

  • October 3, 2018

    Levi & Korsinsky Trying To 'Derail' Merger Offer Suit: Investors

    Attorneys at Levi & Korsinsky LLP are trying to “derail” a consolidated securities suit alleging Patriot National Inc. and two former executives did not properly consider a $475 million takeover offer, a group of investors told the Judicial Panel on Multidistrict Litigation on Tuesday.

Expert Analysis

  • Updated Rules Needed For Integrating Drones Into Airspace

    Robert Howard

    The D.C. Circuit recently denied a challenge to the Federal Aviation Administration’s regulatory regime governing drones. But hearings on Capitol Hill this summer highlighted the rule changes that must be made before the economic value of the drone industry can be fully realized, say attorneys with Latham & Watkins LLP.

  • Rebuttal

    Japan SEP Licensing Guide Also Aims To Prevent Abuse

    Jay Jurata

    In a recent Law360 guest article, David Kappos wrote that the Japan Patent Office's new licensing guide reflects a balanced approach to standard-essential patents. We agree. But some of the article's characterizations of the issues underlying SEP disputes are misguided, say Jay Jurata and Emily Luken of Orrick Herrington & Sutcliffe LLP.

  • Opinion

    Open The Federal Courthouses

    David Oscar Markus

    Forget about cameras, reporters in the Manafort trial were not even permitted in the courtroom with their phones, tablets or computers. That meant no live reporting on Twitter and no emails to the newsrooms with updates. In a world focused on information and news as it happens, this is unacceptable, says trial attorney David Oscar Markus.

  • Look Out, Tax Zapper Users: Feds Join State-Level Crackdown

    Matthew Lee

    Two weeks ago federal prosecutors announced criminal tax charges against the owners of five Chicago-area restaurants as part of an ongoing federal investigation into the underreporting of gross receipts using sales suppression software. These cases are significant not only as the first federal charges against business owners in many years but also because they appear to be part of a larger investigation of Chicago-area businesses that use zappers, says Matthew Lee of Fox Rothschild LLP.

  • Brexit: Bracing For A No-Deal Scenario

    Ross Denton

    Once considered the “cliff edge,” the possibility of the United Kingdom exiting from the European Union without agreeing on a trade deal has moved from unthinkable to increasingly likely. Both sides are ramping up preparations for a no-deal scenario, which would have significant implications for businesses in all sectors, say attorneys with Baker McKenzie LLP.

  • The Year Of The Crypto Investigation

    Daniel Payne

    There has been a flurry of subpoenas and investigations into cryptocurrency trading and initial coin offerings in the first eight months of this year. These investigations, on the rise, are coming from both state and federal regulators, says Daniel Payne of Murphy & McGonigle PC.

  • Could Diversity Pledge Lead To Unintended Consequences?

    Anthony Oncidi

    The CEO Action for Diversity & Inclusion Pledge is an initiative designed to promote diversity in the workplace. However, because its three main elements are extremely broad, the lack of specificity about what a company is committing to could be problematic in a litigation context, say Anthony Oncidi and Seth Victor of Proskauer Rose LLP.

  • Standard-Setting Participation Can Affect Patent Enforceability

    Jim Burger

    The Federal Circuit's decision in Core Wireless v. Apple shows that failing to read the fine print on membership obligations to standards-setting bodies can lead to consequences for patents held by companies or acquired from other standards participants, say Jim Burger and Michael Parks of Thompson Coburn LLP.

  • Fed. Circ. Clarifies Enablement Requirement In LED Case

    Scott Bornstein

    Last month, the Federal Circuit issued a potentially far-reaching opinion on the application of enablement. The decision in Boston University v. Everlight provides guidance for patentees and patent litigants when initially filing their patent application and later during litigation, say Scott Bornstein and Jonathan Wise of Greenberg Traurig LLP.

  • 'High Availability' — A Key Term In Law Firm IT Strategy

    Jeff Norris

    While most law firm executives and partners may instinctively want to tune out terms like "high availability" and "disaster recovery" — concepts that IT managers usually worry about — there are five reasons you should lean in and wrestle with the vocabulary, say Jeff Norris of Managed Technology Services LLC and Greg Inge of information security consulting firm CQR.