• March 21, 2017

    FCC Urged To Recognize Special Access Competition

    CenturyLink Inc. and Frontier Communications Corp. pressed the Federal Communications Commission on Monday to find that older carriers in the market for business data services do not dominate it and to establish a “level playing field” that recognizes competitive realities.

  • March 21, 2017

    Alice-Related Ruling Should Be Precedential, Fed. Circ. Told

    An app developer urged the Federal Circuit on Monday to repost as precedential an opinion that held that two Trading Technologies International Inc. electronic trading patents are valid under Alice, arguing that the ruling added significantly to the body of patent eligibility.

  • March 21, 2017

    HP, Sony Reach Dismissal Deal In Disk Drive Antitrust MDL

    Sony Corp. is no longer facing antitrust claims from HP Inc. over an alleged price-fixing conspiracy for optical disk drives, as a California federal judge on Tuesday signed off on an agreement between the companies to drop the claims.

  • March 21, 2017

    No New Trial For SanDisk Licensee In Audit Malpractice Row

    A California federal judge refused to grant PNY Technologies Inc. a new trial in its case alleging Miller Kaplan Arase & Co. LLP lied about its business relationship while auditing PNY’s patent licensing deal with SanDisk, ruling Monday PNY hadn’t shown evidence was cut in error from its original trial.

  • March 21, 2017

    Claim Construction Can't Sink McAfee IP Win: Fed. Circ.

    The Federal Circuit affirmed Tuesday that a district court rightly cleared McAfee Inc. of allegations it infringed a computer security software patent held by TVIIM LLC, saying a claim construction dispute isn’t enough to revive the $13 million suit.

  • March 21, 2017

    Holland & Knight Adds New Israel Co-Chair In Miami, DC

    Holland & Knight LLP has added former Greenberg Traurig LLP partner Meital Stavinsky to its Israel and public policy practices in Miami and Washington, D.C., the firm announced Tuesday.

  • March 21, 2017

    Avaya Gets Approval To Back Out Of 49ers Suite Contract

    A New York bankruptcy judge on Tuesday approved a request by telecommunications provider Avaya Holdings Inc. to back out of a 10-year commitment to license a San Francisco 49ers stadium suite after the debtor drew attention to the team's recent losing seasons in a court filing.

  • March 21, 2017

    Deals Rumor Mill: SoftBank, PPG, Dominion Diamond

    SoftBank has inked its first of a planned series of investments in WeWork, PPG Industries will try again to buy Akzo Nobel after its initial $22.08 billion offer was rejected and Dominion Diamond is mulling a $1.1 billion takeover offer by billionaire Dennis Washington.

  • March 21, 2017

    EQT Pays $270M For Water Infrastructure Software Co.

    Swedish private equity shop EQT Partners has agreed to buy water infrastructure software business Innovyze Inc. from Stantec Inc., a professional consulting firm that offers planning, engineering and other services, in a deal worth $270 million, the companies said on Tuesday.

  • March 21, 2017

    Web Streamers Can't Use TV License, 9th Circ. Says

    The Ninth Circuit sided with the major broadcast networks Tuesday and ruled that internet streaming services cannot use the same automatic copyright license that traditional cable companies use, reversing an earlier decision to the contrary.

  • March 21, 2017

    3rd Circ. OKs Contempt Order Over Locked Hard Drives

    The Third Circuit upheld in a precedential ruling Monday a lower court's decision to hold a John Doe in contempt for refusing to unlock two external hard drives during a child pornography investigation, finding that the court’s decryption order doesn’t violate Doe’s Fifth Amendment rights.

  • March 21, 2017

    Broadcasters Ask FCC To Rethink Post-Auction Transition

    The National Association of Broadcasters has asked the Federal Communications Commission to revisit its transition plan for stations after the broadcast incentive auction concludes, to ensure that the transition is as smooth as possible for broadcasters and for consumers.

  • March 21, 2017

    Deal Ends DQ Bid Against Ex-Worker's Atty In Bias Suit

    A New Jersey federal judge has said that Sentel Corp. settled a racial and age discrimination lawsuit brought against the engineering firm by a former employee, ending the company's bid to disqualify the man's attorney over his interview with a former Sentel executive.

  • March 21, 2017

    Kirkland Helps Marlin Equity Secure $3.25B For Two Funds

    Marlin Equity Partners, with assistance from legal counsel Kirkland & Ellis, has collected $3.25 billion for two funds that will invest in North American and European middle and lower middle market tech-focused companies, the global investment firm said Monday.

  • March 20, 2017

    Top 3 Groups Lobbying The FCC

    Telecommunications companies, advocates and trade groups have continued to push their agenda at the Federal Communications Commission over the last month, with the universal service fund, post-broadcast incentive auction transition and video relay service reform topping the list of concerns for the most vocal lobbyists.

  • March 20, 2017

    New FCC Chief Breaks With Trump On Media 'Enemy' Remarks

    The new Federal Communications Commission chairman provided a one-word answer — “no” — in a letter to Senate Democrats released Monday responding to a query on whether he agreed with President Donald Trump's statements that the media is “the enemy of the American people.”

  • March 20, 2017

    Texas Ruling Boosts Uber Arbitration Bid, 2nd Circ. Told

    A Texas federal court's recent finding that Uber reasonably notified users of its terms and conditions solidifies the ride-hailing giant's stance that a putative antitrust class action claiming Uber's CEO colluded with drivers to fix prices belongs in arbitration, the company told the Second Circuit Friday.

  • March 20, 2017

    ITC Domestic Industry Ruling A Warning For NPE Licensees

    A recent U.S. International Trade Commission decision allowing a patent owner to rely on its licensee’s activities to satisfy the trade body's domestic industry requirement illustrates a way for nonpracticing entities to get in the ITC’s door that could be a costly headache for their unsuspecting licensees, attorneys say.

  • March 20, 2017

    Justices Won't Hear Backlight LCD Screen Patent Case

    The U.S. Supreme Court said Monday it would not review a Federal Circuit ruling that invalidated much of an Enplas Corp. patent for a device used to backlight LCD screens, turning aside arguments that the appeals court had abandoned longstanding law about anticipation.

  • March 20, 2017

    DHS Faces More Protests Over Corrected $1.5B IT Deal

    The U.S. Department of Homeland Security has been hit with a second round of protests over its $1.54 billion FLASH information technology services contract, after previously withdrawing its original contract awards amid earlier protests.

Expert Analysis

  • Data Dexterity: The New Moat Of The Information Economy

    Brian H. Lam

    Over the past year, companies have used data-based competitive advantage, or “moats,” to drive astronomic acquisition prices. In this article, Brian Lam of Mintz Levin Cohn Ferris Glovsky and Popeo PC introduces the concept of “data dexterity” as the actual creator of data-based moats and analyzes the data interactions of LinkedIn, Dollar Shave Club and AppDynamics to illustrate how data dexterity exists in practice.

  • The Quadrennial Energy Review And Grid Security

    William Demarest, Jr.

    The most recent installment of the U.S. Department of Energy’s Quadrennial Energy Review includes a number of recommendations for physical and cybersecurity protection of the nation's power infrastructure. Although the report recommends developing and implementing "necessary" security measures, it provides limited details in some areas, and does not identify revenue sources for some initiatives, say attorneys from Husch Blackwell LLP.

  • Civil Litigation Outlook For 2017

    Reid Schar

    Several areas of civil litigation appear poised for growth this year, including securities class action activity, which could outpace even the significant 2016 levels, and trade secret litigation, which could see further growth in the coming year under the Defend Trade Secrets Act. Meanwhile, as companies increasingly face the specter of data breaches, several developments in 2017 could bring greater clarity to this area of the law... (continued)

  • How The GDPR Will Impact Life Sciences And Health Care

    Rohan Massey

    The European Union's General Data Protection Regulation will considerably increase the sanctions and penalties that can be imposed on organizations that breach its requirements. The implications for organizations operating in the life sciences and health care sectors are likely to be particularly far-reaching, say attorneys with Ropes & Gray LLP.

  • Illinois Biometrics Legislation Sets Trend

    Kathryn E. Deal

    Litigation under Illinois’ Biometric Information Privacy Act has included putative class actions against corporate defendants ranging from some of the largest social media and technology companies to a daycare center. Now the Connecticut, New Hampshire, Washington and Alaska legislatures have also proposed bills that would regulate the collection, retention and use of biometric data, say attorneys with Drinker Biddle & Reath LLP.

  • US Patent Practice Drifting Toward Approach Prevalent Abroad

    Gurneet Singh

    Post-Alice cases on technical problems and technical solutions show that a problem-solution standard similar to the one adopted in Europe, Australia, China and Japan is seeing express endorsement by U.S. courts adjudicating Section 101 challenges, say Gurneet Singh and Harold Laidlaw of Mintz Levin Cohn Ferris Glovsky and Popeo PC.

  • Debating Anti-Rebate And Inducement Laws In Washington

    Shawn Hanson

    Last month, the Washington state Senate introduced a bill that would amend its anti-rebate and inducement laws to allow insurers to offer free goods and services. Supporters argue that Washington is the only state in the country to force consumers to pay for technology that is free everywhere else, while opponents have expressed concern for fair competition, say Shawn Hanson and Crystal Roberts of Akin Gump Strauss Hauer & Feld LLP.

  • Google Warrant Case Vs. Microsoft Warrant Case

    Philip J. Bezanson

    The Pennsylvania federal court's recent Google decision may give companies emboldened by the Second Circuit's Microsoft decision pause in deciding whether to resist compliance with what they view as overly broad requests for customer data. However, the different results in the cases may serve as useful guidance for securing data abroad, say Philip Bezanson and Laura Prebeck Hang of Bracewell LLP.

  • Personal Jurisdiction Takeaways From Fed. Circ. In Xilinx

    Phillip Articola

    The Federal Circuit's decision Wednesday in Xilinx v. Papst serves as a lesson to patent owners that if they do not want to be hauled into potentially unfavorable jurisdictions to defend declaratory judgment actions, they should be careful as to what actions they perform in those jurisdictions, says Phillip Articola of Banner & Witcoff Ltd.

  • In Retrospect

    Relearning The Lessons Of Korematsu's Case

    Randy Maniloff

    Fred Korematsu’s U.S. Supreme Court case challenging President Franklin Roosevelt’s executive order that led to the incarceration of approximately 120,000 people of Japanese ancestry may sound like ancient history. However, Feb. 19 marks the 75th anniversary of the order's signing, and that it’s celebrating its diamond anniversary now is breathtaking timing, says Randy Maniloff of White and Williams LLP.