• December 8, 2017

    EU Sues Ireland Over Inaction On Apple's $15.5B Tax Bill

    The European Commission said Friday it has sued Ireland for not collecting nearly €13 billion ($15.5 billion) in taxes the regulator found Apple Inc. should have paid, shortly after the tech giant escrowed the money while its challenge to the EC’s determination proceeds.

  • December 8, 2017

    Deals Rumor Mill: Bayer, Toshiba, Alexion Pharmaceuticals

    The European Commission is wary of Bayer’s blockbuster buyout of Monsanto, Toshiba and Western Digital have come to terms on a settlement that will end their dispute over the planned 2 trillion yen sale of Toshiba Memory Corp., and Elliott Management is pushing for changes at Alexion Pharmaceuticals.

  • December 7, 2017

    Wall Street Giants Urge SEC To Take On Exchange Fees

    Wall Street’s battle against the fees that stock exchange operators charge for market data took a new turn on Thursday when some of the biggest firms asked the U.S. Securities and Exchange Commission to take a hard look at the issue and pass new disclosure rules that would force the exchanges to tell traders more about what they’re collecting and why.

  • December 7, 2017

    Fed. Circ. Tosses Part Of $49M Arctic Cat IP Win Back To Trial

    The Federal Circuit on Thursday threw into doubt part of a $49 million award for all-terrain vehicle maker Arctic Cat Inc., ordering its patent dispute with Bombardier Recreational Products Inc. back to trial to determine whether certain personal watercraft products containing Arctic Cat steering components used requisite patent markings.

  • 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.

Expert Analysis

  • How Blockchain Could Change The Energy Industry: Part 2

    Caroline Stewart

    Incorporating blockchain technology into the energy marketplace poses considerable challenges. Blockchain developers must proceed in the face of regulatory uncertainty, while regulators must address reliability, stability and security concerns. But in the end, it is likely that the opportunities will outweigh the obstacles, says Caroline Stewart of Vinson & Elkins LLP.

  • Inventorship Considerations In Omnibus Patent Applications

    Peter Sleman

    Ericsson recently announced that it had filed a “landmark” patent application that covers a “complete architecture for the 5G network standard” and includes 130 inventors. Patent prosecutors across the country likely trembled at the mention of 130 inventors in a single application — and for good reason, says Peter Sleman of Wei & Sleman LLP.

  • 4 Data-Scraping Lessons From 7th Circ. Ruling

    Benjamin Byer

    Although the Seventh Circuit recently vacated a preliminary injunction that required two competing software companies to allow a third-party data scraper access to their sites and data, the case highlights the complex intersection of big data, copyright, antitrust and the Computer Fraud and Abuse Act, says Benjamin Byer of Davis Wright Tremaine LLP.

  • Initial Coin Offerings May Face A Global Crackdown

    Paul Anderson

    In recent years, initial coin offerings have exploded into the spotlight, but following their recent ban in China and South Korea, and mobilization from a number of top financial regulators in the U.S., U.K. and Australia, it is almost certain that we will see rapid developments in ICO regulation, say Paul Anderson and Harriet Rogers of Squire Patton Boggs LLP.

  • How Blockchain Could Change The Energy Industry: Part 1

    Caroline Stewart

    Blockchain technology has expanded far beyond cryptocurrencies and into the energy sphere, enabling peer-to-peer payment and potentially catalyzing distributed energy resources. But full integration of blockchain will require confronting a complex energy regulatory landscape, as well as reliability, security and stability concerns, says Caroline Stewart of Vinson & Elkins LLP.

  • Roundup

    Judging A Book

    Constance Baker Motley

    Are the latest books on the judicial system worth reading? Federal judges share their thoughts in this series of book reviews.

  • Don't Waste This Planning Cycle: Year-End Strategies

    Hugh A. Simons

    Law firms are businesses where partners operate with significant autonomy. To see their priorities translate into individual partner action, firm leaders should use a few collaborative strategies, suggests Hugh A. Simons, former senior partner of The Boston Consulting Group and former COO of Ropes & Gray LLP.

  • Deflating Uber's 'Puffery' Defense On Safety Claims

    Thomas Dickerson

    Uber and taxi companies in California, Texas and New York are debating whether Uber's use of words like "safe" and "safety" is misleading and deceptive or mere "puffery." Conflicting rulings from federal courts suggest litigation on this issue will continue, says retired New York State Supreme Court Associate Justice Thomas Dickerson.

  • 4th Circ. Bypasses Review Standards In Top-Hat Plan Suit

    Marianna Jasiukaitis

    In Plotnick v. Computer Sciences, the Fourth Circuit recently addressed the circuit split over the standard of review applicable to plans providing benefits for highly paid executives, but ultimately found that distinguishing between competing standards of review was unnecessary, says Marianna Jasiukaitis of Funk & Bolton PA.

  • High Transparency May Help SSOs Under Attack By DOJ

    David Newman

    Member-driven standard-setting organizations have traditionally steered clear of antitrust focus despite their inevitable tendency for concerted action. However, new scrutiny espoused by Assistant Attorney General Makan Delrahim should lead SSOs to change protocol, says David Newman, leader of Gould & Ratner LLP's intellectual property group.