Technology

  • December 7, 2017

    Arctic Cat Jury Snows Over Bombardier’s Patents

    A Minnesota federal jury struck down claims on a pair of snowmobile patents Bombardier had asserted against Arctic Cat on Wednesday, one day before the Federal Circuit threw into doubt part of a nearly $50 million infringement win Arctic Cat had scored against Bombardier over jet ski steering technology.

  • December 7, 2017

    Feds Tell High Court Microsoft Must Turn Over Overseas Info

    The federal government on Wednesday fired an opening shot in its bid to convince the U.S. Supreme Court to overturn a ruling barring the use of search warrants to access user data stored overseas by Microsoft, arguing that the holding that service providers don’t have to disclose information they control is “impractical and detrimental to law enforcement.”

  • December 7, 2017

    PTAB Axes Flash Memory Patent Again After Unusual Do-Over

    The U.S. Patent Trial and Appeal Board on Wednesday ruled that an Innovative Memory Systems’ flash memory patent is invalid after it withdrew its previous invalidation ruling in an unusual move due to having mistakenly overlooked an email by the company, reaching the same conclusion it had before.

  • December 7, 2017

    SG Urges Justices To Hear Overseas Patent Damages Case

    U.S. Solicitor General Noel Francisco urged the U.S. Supreme Court Wednesday to review a Federal Circuit decision that wiped out $93 million in lost profits that Schlumberger Ltd. won in a patent case, saying the appeals court’s rule on overseas patent infringement “systematically undercompensates” patent owners.

  • December 7, 2017

    Fed. Circ. Asked To Erase AT&T’s Win In Wi-Fi Patent Fight

    A Wi-Fi hot spot company urged the Federal Circuit on Wednesday to reverse a Texas federal court’s ruling that invalidated the asserted claims of a patent covering the technology that it alleges AT&T infringes, arguing that a key term was construed incorrectly.

  • December 7, 2017

    4 Tech Workers Accused Of Stealing Chip Plans For Startup

    Four former employees of Applied Materials Inc. were hit with trade secrets charges in California federal court for an alleged scheme in which they tried to copy the semiconductor company’s LCD chip technology to launch their own venture capital-funded business, prosecutors said Wednesday.

  • December 7, 2017

    Jones Day Picks Up Dykema Cybersecurity Partner

    Jones Day has picked up a Dykema Gossett PLC partner for its cybersecurity and privacy practice in Chicago, citing his “deep experience in incidence response and European data privacy compliance.”

  • December 7, 2017

    Sinclair-Tribune Merger Could Boost Minority Biz, FCC Hears

    Conservative political commentator Armstrong Williams told the Federal Communications Commissions in an ex parte filing that Sinclair Broadcast Group Inc.’s proposed acquisition of Tribune Media Co. would allow minority-owned businesses to gain licensed stations and market share.

  • December 7, 2017

    FTC Wants More Info From Northrop Over $9.2B Orbital Deal

    Northrop Grumman Corp. on Wednesday said the Federal Trade Commission hit it with a second request for information related to its all-cash bid to buy defense technology services company Orbital ATK Inc. for $7.8 billion in cash and $1.4 billion in debt.

  • December 7, 2017

    Privacy Group Asks 3rd Circ. To Scrap Google Tracking Deal

    A privacy advocacy group has urged the Third Circuit to reject Google’s $5.5 million settlement that allows the search giant to pay internet watchdogs — and not consumers — to resolve claims that it bypassed privacy settings on Apple’s internet browser Safari to track users.

  • December 7, 2017

    Inventors Tell Justices Courts Can't Ax Patents Under Alice

    A group of inventors and entrepreneurs have thrown their support behind a patent holder’s request that the U.S. Supreme Court step in and decide that patents cannot be invalidated under Alice for covering an abstract idea or other ineligible subject matter.

  • December 7, 2017

    Delrahim’s SEP Policy Could Mean Enforcement Shift For DOJ

    Recent statements by leaders in the U.S. Department of Justice antitrust division have signaled a possible shift in policy in favor of patent holders when it comes to standard-setting organizations and their potential for anti-competitive conduct. While experts told Law360 that it’s not clear what the remarks will mean for SSOs when it comes to enforcement, they’re watching to find out.

  • December 7, 2017

    The Biggest Patent Cases Of 2017

    The U.S. Supreme Court and the Federal Circuit had a busy year of reshaping patent law in 2017, issuing decisions that made major alterations to venue rules, patent exhaustion and amendments in inter partes reviews. Here’s a look back at the year’s most consequential rulings.

  • December 7, 2017

    Net Neutrality: How We Got Here

    The Federal Communications Commission is on track to scrap its so-called net neutrality rules at its upcoming December meeting, offering another interesting development in the complicated history of internet regulation.

  • December 7, 2017

    Top Texas Policy Developments Of 2017

    Against a backdrop of Republican Party infighting, Texas lawmakers in 2017 passed a controversial immigration bill, extended the lifespan of the state's energy regulatory agency and eschewed local control in favor of statewide rules on ride-hailing apps and texting while driving.

  • December 6, 2017

    Nonprofits Blast FCC For Reinstating UHF Broadcast Discount

    Free Press, Common Cause and other nonprofit organizations fired back against the Federal Communications Commission on Tuesday in a D.C. Circuit appeal over an agency-issued discount that makes it easier for UHF broadcast owners to gain market share, calling the reinstatement of the discount arbitrary and capricious.

  • December 6, 2017

    Alice Ruling Premature In HP Suit, Fed. Circ. Judge Suggests

    A Federal Circuit judge suggested Wednesday that an Illinois trial court was too quick to use the Supreme Court’s Alice standard to invalidate a digital-archiving patent that has been asserted against Hewlett-Packard Co., saying there was still a genuine factual dispute as to whether the invention was abstract.

  • December 6, 2017

    French Regulator Warns Toymaker To Address Privacy Risks

    France's data protection regulator has become the latest to raise red flags over the potential privacy and security risks of a pair of popular internet-connected toys, warning toymaker Genesis Industries Ltd. that it would likely face sanctions if it didn't improve its security controls and data use notices within two months. 

  • December 6, 2017

    Army Unveils Program To Directly Hire Cyber Officers

    The U.S. Army will directly commission 25 cybersecurity experts over the next five years in order to improve its expertise in a growing area of need for national security, the Army’s top cyber officer announced Tuesday.

  • December 6, 2017

    Legal Tech Download: In-House Overhaul & Allegory Buy

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

Expert Analysis

  • Series

    40 Years Of FCPA: Highlights From The 1st Corporate Trial

    Robert Feldman

    The Foreign Corrupt Practices Act case of U.S. v. Harris Corp. was tried in March 1991 — so long ago that pretty much only the parties and counsel remember it. With a smile, I’ve just about given up correcting people who say their case is "the only FCPA case ever to be tried,” says Robert Feldman of Quinn Emanuel Urquhart & Sullivan LLP.

  • Wrestling With Location Data Privacy At The High Court

    Vanessa Arslanian

    Last week during arguments in Carpenter v. United States, both conservative and liberal U.S. Supreme Court justices seemed inclined to limit warrantless government access to historical cell-site location data, but they voiced different ways to do so, says Vanessa Arslanian at Choate Hall & Stewart LLP.

  • Series

    40 Years Of FCPA: The Strange Case That Started It All

    Burton Wiand

    At the U.S. Securities and Exchange Commission in April 1978, we filed a case against Page Airways and envisioned the trial of a precedent-setting enforcement action that would have defined Foreign Corrupt Practices Act standards at an early stage. Instead, the matter was settled under circumstances that I am sure are unique in SEC history, says Burton Wiand of Wiand Guerra King PA.

  • Key Areas For Reviewing Software-As-A-Service Agreements

    Jane Song

    Agreements for software-as-a-service are often provider favorable and not subject to much negotiation. Still, customers should focus on material areas and attempt to improve on the key terms and conditions present in such agreements, say Jane Song and Ryan Enchelmayer of Paul Hastings LLP.

  • A Critical Review Of The 1st Drone Preemption Case

    Stephen Migala

    There is an objective and fundamental flaw in the recent Singer v. Newton opinion, which involved a city law restricting drones and related questions of federal preemption. The Massachusetts federal court's decision was based in large part on a miscodifed part of the U.S. Code that is not actually the law, says Stephen Migala of Winston & Strawn LLP.

  • Ex Ante Rate Disclosure In Tech Standards, A Decade Later

    Anne Layne-Farrar

    In 2007, the VITA Standards Organization made history — and stirred up a lot of controversy — by adopting a patent policy that mandates “ex ante” royalty rate disclosures. I recently spoke to Ray Alderman, who conceived of and pushed the new policy through implementation, about the factors that have made the policy a success over the last 10 years, says Anne Layne-Farrar of Charles River Associates.

  • The Billing Evolution: How Far Along Is Your Firm?

    Sharon Quaintance

    In a recent study, 20 out of 25 law firms surveyed have made billing process improvement a top priority for 2018. Firms can foster consistency and increase efficiency at all stages of their billing cycle by focusing on a few specific procedures, say Sharon Quaintance and Christine Indiano at HBR Consulting.

  • ITC Not Treating PTAB Decisions Like Other Agency Rulings

    James Barney

    A Patent Trial and Appeal Board decision of unpatentability should have its full legal effect once promulgated, regardless of any appeal taken by the patent owner. Yet that is not how the U.S. International Trade Commission interpreted the inter partes review statute in its Arista order, says James Barney of Finnegan Henderson Farabow Garrett & Dunner LLP.

  • Insights On Article III Standing Under Ill. Biometrics Law

    Molly DiRago

    Last week the Second Circuit, in Santana v. Take-Two Interactive Software, affirmed the lower court’s decision that the plaintiffs lacked Article III standing to assert a claim under Illinois’ Biometric Information Protection Act, creating an apparent divide between plaintiffs who have voluntarily provided their biometric data and those who have not, say Molly DiRago and Mark Mao of Troutman Sanders LLP.

  • 10 Tips For Effective Practice Before The 5th Circ.

    Justin Woodard

    The Fifth Circuit is among the busiest federal circuit courts in the country. What can you do to increase your chances of reaching oral argument? And if given the opportunity, how can you present a persuasive argument? Former Fifth Circuit clerk Justin Woodard, an associate at Jones Walker LLP, shares some advice.