Technology

  • February 14, 2017

    BlackBerry Should Face Infringement Suits, Judge Says

    A Texas U.S. magistrate judge who recommended Friday that a patent infringement suit against BlackBerry Corp. should go forward decided on Monday that a second such suit should proceed as well.  

  • February 14, 2017

    ‘Vonnegut-Style Absurdity’ Leads To Triple Patent Damages

    Calling the case “extraordinary” and a display of "Vonnegut-style absurdity," an Illinois federal judge has held that a pipe coupler maker violated an injunction in a patent infringement case, ruling that it never redesigned its products to avoid infringement as it had claimed and must pay both triple damages and attorneys’ fees.

  • February 14, 2017

    VirnetX Can't Get Full Fed. Circ. Rehearing in Apple Case

    The full Federal Circuit on Tuesday declined to grant VirnetX Inc. a rehearing in a case involving Apple Inc. in which the security technology firm’s internet security patent was, without expert testimony, found to be invalid.

  • February 14, 2017

    Level 3 Hit With 3rd Shareholder Suit Over $34B Merger

    A putative class of Level 3 Communications Inc. shareholders filed a third suit against the communications company and its board in Colorado federal court Tuesday for allegedly omitting key details about a proposed $34 billion merger with CenturyLink Inc. in a recent proxy statement.

  • February 14, 2017

    Major Cos. Back New Group Aimed At Educating Public On IP

    The Center for Intellectual Property Understanding, a new group aimed at increasing awareness of the value of IP, officially launched Tuesday with the backing heavy hitters in the field.

  • February 14, 2017

    Arendi Urges High Court To Pass On Google Patent Appeal

    Arendi SARL has urged the U.S. Supreme Court not to hear an appeal from Google Inc. in a case over a computer data patent, rejecting the notion that the Federal Circuit’s ruling conflicted with a 2007 high court decision that established the standard for proving obviousness.

  • February 14, 2017

    Oracle Hit With $150M Suit Over Retroactive Commission Cuts

    Oracle America Inc. was slapped Tuesday with a $150 million putative class action in California federal court alleging the computer technology giant stiffs its salesforce of earned wages by retroactively changing contracts to reduce commissions on past sales, sometimes taking back money already paid.

  • February 14, 2017

    3 Charged With Bilking Fuel-Cell Investors In $5M Scheme

    Federal prosecutors in New York charged three men Tuesday with a $5 million criminal scheme to inflate the share value of a fuel cell company called Terminus Energy Inc. and to use 70 percent of those proceeds to fund personal expenses.

  • February 14, 2017

    Amdocs Urges Fed. Circ. Against Rehearing Of Alice Reversal

    Amdocs (Israel) Ltd. on Monday urged the Federal Circuit not to rehear an earlier decision that found four of its patents were not invalid for claiming abstract ideas, arguing there was nothing “exceptionally important” about the ruling that would justify a second look.

  • February 14, 2017

    WilmerHale Bolsters New York Office With Emerging Co. Atty

    WilmerHale has bolstered its New York City office with the recent addition of a former Lowenstein Sandler LLP attorney who has served clients in the technology sector for two decades.

  • February 14, 2017

    PTAB Too Vague In Axing Apple-Challenged Patent: Fed. Circ.

    Apple Inc. lost at the Federal Circuit on Tuesday when the appeals court vacated part of a Patent Trial and Appeal Board ruling that a tech company’s data patent was obvious, finding the decision was too vague.

  • February 14, 2017

    Blackberry Hits Nokia With Suit Over 11 Telecom Patents

    BlackBerry Ltd. launched an infringement suit against Nokia Corp. in Delaware federal court Tuesday for allegedly using 11 of BlackBerry's patents that describe proprietary technology underlying third- and fourth-generation mobile communication.

  • February 14, 2017

    Infiniti Buyers Missed Deadline To Amend Suit, Nissan Says

    Infiniti owners bringing a potential class action against Nissan North America Inc. over InTouch entertainment systems that allegedly didn’t deliver on advertised features shouldn’t be allowed to amend their suit, as the proposed changes could have been foreseen before the proper deadline passed, Nissan told a California federal court Monday.

  • February 14, 2017

    Warriors Win Partial Toss Of Fan's App-Spying Suit

    A California federal judge on Monday partially dismissed a suit brought by a Golden State Warriors fan who alleges the team’s smartphone app secretly recorded and captured her private communications, while granting her leave to amend the suit after finding she has standing.

  • February 14, 2017

    Broker Gets 6.5 Years In Prison For $5M Tech Startup Scheme

    A New Jersey federal judge on Tuesday handed down a six-and-a-half-year prison sentence to an unregistered broker for his role in a scheme to pocket more than $5 million in investor cash raised for stock in a technology startup.

  • February 14, 2017

    Attorneys Seek $1.3M Fee For Wikipad Settlement, Reforms

    Investors involved in a suit over the structure of computer tablet maker Wikipad on Monday asked the Delaware Court of Chancery to approve the last stage of a settlement and $1.3 million in attorneys' fees.

  • February 14, 2017

    PTAB Time-Bar Rulings Are Appealable, Full Fed. Circ. Told

    Wi-Fi One urged the full Federal Circuit on Monday to rule that Patent Trial and Appeal Board decisions that an America Invents Act petition is timely can be appealed, saying that the court’s contrary ruling ignored the “strong presumption” that agency actions are subject to judicial review.

  • February 14, 2017

    Cox Hit With $8M In Atty Fees In Music Piracy Battle

    A federal judge on Tuesday ordered Cox Communications to pay more than $8 million in legal fees on top of $25 million in copyright damages it already owes in a lawsuit over illegal downloading, saying such an award would encourage others to take on “willful infringers with deep pockets.”

  • February 14, 2017

    Raytheon Challenging $222M Sole-Source Army Contract

    Raytheon Co. filed a bid protest contesting the sole-source award of an up to $222 million U.S. Army IT contract that went to the American unit of Denmark-based Systematic Inc., according to Government Accountability Office records.

  • February 14, 2017

    US Trustee Blasts $1M ATopTech Breakup Fee

    The U.S. trustee overseeing software developer ATopTech Inc. in its bankruptcy on Monday called a proposed $1 million in breakup and expenses fees for the stalking horse bidder excessive.

Expert Analysis

  • When Smartphones Get The Blame For Driver Distraction

    Freddy Fonseca

    In Modisette v. Apple, the Superior Court of Santa Clara County, California, must decide whether a smartphone manufacturer has a duty to protect the public by preventing the use of certain applications while driving. But the plaintiffs — who allege that Apple's iPhone was defective because the company failed to implement a patented "lock out" feature — face an uphill legal battle, says Freddy Fonseca of Manion Gaynor & Manning LLP.

  • Decoding The Import Of A Company’s Code Of Ethics

    William F. Sullivan

    In a shareholder suit against Hewlett-Packard, the Ninth Circuit recently adopted an objective approach to determining whether statements regarding a company’s code of ethics may become material misrepresentations. The decision has important implications for companies seeking to promote their ethical standards, say attorneys with Paul Hastings LLP.

  • Securing The Internet Of Things Is An FTC Priority

    Francoise Gilbert

    The new Federal Trade Commission case against D-Link clearly shows that the FTC is highly concerned by the significant security risks that internet-of-things products present. Recent incidents have shown that these concerns are not unfounded, says Francoise Gilbert of Greenberg Traurig LLP.

  • Chinese IP Courts Are Increasing Damages Awards

    Pauline Booth

    The Beijing IP Court's recent decision in Watchdata v. Hengbao is noteworthy for the amount of damages awarded and the extent of the detail shared by the court about its process for calculating damages, say Pauline Booth and Yi Zhang of Duff & Phelps.

  • Can Federal Agencies Reverse Course Under Trump?

    Steven D. Gordon

    The next four years will see litigation that explores the extent to which the Trump administration can alter or reverse the regulatory policies of the Obama administration without having to enact new legislation. The U.S. Supreme Court has recently made clear that there are fewer limits to an agency changing course than had previously been thought, says Steven Gordon of Holland & Knight LLP.

  • Opinion

    Gorsuch's Good, Wrong Opinion In Microsoft Antitrust Case

    James Robertson Martin

    Judge Neil Gorsuch got it wrong when he affirmed the trial court’s dismissal of an unlawful monopolization case brought by our client, the former owners of WordPerfect, against Microsoft. But it was an extraordinarily well-written opinion — powerful and analytic. It was 2013 and clear to me that Judge Gorsuch was going to end up on someone’s shortlist for the U.S. Supreme Court, says James Robertson Martin of Zelle LLP.

  • Opinion

    The Myth Of The Forceful Mediator

    Jeff Kichaven

    When mediators rely on force to get cases settled, it doesn’t work. It’s time to suggest more productive ways for top-gun litigators and top-flight mediators to engage, says Jeff Kichaven of Jeff Kichaven Commercial Mediation.

  • Tips For Addressing The IP Challenges Of 3-D Printing: Part 1

    Thomas Prock

    The intellectual property rights of both manufacturers that use 3-D printing and manufacturers that don't may suffer through claim drafting that does not take into account the opportunities provided by 3-D manufacturing, say attorneys with Marks & Clerk.

  • Maritime Cybersecurity Regulation On The Horizon: Part 2

    Christopher Burris

    Cybersecurity for ships, ports, terminals and offshore facilities is becoming an increasing concern for energy companies. As Congress considers relevant legislation, and agencies including the U.S. Coast Guard, the Department of Homeland Security and others begin exploring maritime cybersecurity regulations, energy firms must stay abreast of developments, say attorneys from King & Spalding LLP.

  • Some Early Trends In Post-Grant Review

    Kerry Flynn

    Although the post-grant review numbers are still quite small, it appears that arguments relating to PGR eligibility may be new tools for patent owners to use in trying to obtain a petition denial, say Kerry Flynn, chief IP counsel for Vertex Pharmaceuticals Inc., and Tom Irving, Amanda Murphy and Stacy Lewis of Finnegan Henderson Farabow Garrett & Dunner LLP.