• January 12, 2017

    Enfish Can't Add Patent Claims In Microsoft Row

    A California federal judge on Wednesday allowed Enfish LLC to update its existing claims that Microsoft Corp. infringed two database technology patents, but declined to allow the patent owner to tack on new claims against the software giant.

  • January 11, 2017

    Oculus Exec Denies Using Stolen Code In $2B Trial

    The chief technology officer for Facebook-owned Oculus VR LLC, who formerly worked for a video game developer seeking $2 billion in a Texas federal court trial, told jurors Wednesday the virtual reality headset wasn’t founded using stolen technology.

  • January 11, 2017

    US, Swiss Reach Own 'Privacy Shield' Data Transfer Deal

    The U.S. and Swiss governments on Wednesday finalized a Privacy Shield agreement that will allow multinationals to transfer personal data between the two regions and mirrors a separate pact between the U.S. and European Union that was hammered out last year.

  • January 11, 2017

    Ex-Athlete Slaps Microsoft With IP Suit Over 'Gears Of War'

    Microsoft Studios Inc. and Epic Games Inc. have been unlawfully using a former pro wrestler's voice and likeness for a popular avatar in the “Gears of War” video game franchise, according to a trademark suit filed Wednesday in Pennsylvania federal court.

  • January 11, 2017

    Fla. Lawmakers Take 2nd Crack At Uber, Lyft Regulation

    After failing to establish statewide regulation of ride-hailing services such as Uber and Lyft last year, Florida's lawmakers will get a second chance to enact minimum insurance requirements and background screening standards with two parallel bills filed Wednesday.

  • January 11, 2017

    Fed. Circ. Won't Rehear Spam-Filter Patent Case

    Intellectual Ventures has lost a bid for a full Federal Circuit rehearing on a panel decision that invalidated two of its patents that detect spam and viruses under the U.S. Supreme Court’s Alice ruling.

  • January 11, 2017

    FCC Sparks GOP Outcry With ‘Midnight’ Report On Free Data

    A Federal Communications Commission bureau report released Wednesday finding that Verizon and AT&T zero-rating plans pose “significant risks to consumers and competition” is “midnight regulation” driven by a partisan and political agenda, Republican FCC Commissioner Ajit Pai said in a statement.

  • January 11, 2017

    Fed. Circ. OKs Axing Of $28M Award In Comcast-Sprint IP Row

    The Federal Circuit on Wednesday affirmed a Delaware federal judge’s tossing of a $28 million verdict against Comcast and his order for a new trial on whether the telecom giant infringed two Sprint fiber optics patents.

  • January 11, 2017

    NIST's Popular Cybersecurity Framework Gets Facelift

    The National Institute of Standards and Technology on Tuesday floated an update to its widely adopted voluntary cybersecurity framework that would establish a common vocabulary for discussing cyber supply chain risks and set up a way to measure the progress businesses have made in identifying and managing cyberthreats. 

  • January 11, 2017

    Deals Rumor Mill: Praxair, Warburg Pincus, Garena

    Brazilian gas company IBG may buy assets up for grabs as a result of Praxair and Linde’s $42.5 billion merger, Warburg Pincus is leading a group that will try to buy Singapore industrial warehousing giant GLP and Goldman Sachs will lead the planned IPO of tech startup Garena.

  • January 11, 2017

    Loop Says Italian Tech. Co. Can't Duck Discovery Violations

    Counsel for artificial intelligence startup Loop AI slammed a federal magistrate's decision not to sanction a rival in a bitter trade secrets suit for alleged discovery violations, telling a California federal court on Tuesday that the ruling allows the company to escape without consequences for its misconduct.

  • January 11, 2017

    HP Nears OK On Laptop WiFi Deal, But Cert. Nixing Unlikely

    A California federal judge said Wednesday she’ll approve Hewlett-Packard’s deal handing $25 refunds to a class of Golden State customers who claim the wireless cards on more than 23,000 laptops they purchased didn’t work as promised, but said she’ll likely deny HP’s unusual request to vacate class certification.

  • January 11, 2017

    School Tells Fed. Circ. PTAB Botched Samsung Sensor Case

    Ontario-based Queen’s University at Kingston urged the Federal Circuit on Monday to undo a Patent Trial and Appeal Board decision that invalidated claims related to eye sensor technology that the school had accused Samsung of violating, saying the board messed up the review process.

  • January 11, 2017

    Top 3 Groups Lobbying The FCC

    Lobbying activity on major controversial issues at the Federal Communications Commission has slowed as the changeover to a new administration continues, but experts say these months of transition are also a formative time for the industry to make its case before staff and commissioners.

  • January 11, 2017

    ADT Says No Common Class In Alarm Hackability Suit

    Home security company ADT on Tuesday resisted an Arizona consumer’s bid to certify a proposed class of device owners supposedly deceived about their efficiency and vulnerability to hacking, telling a federal judge that warnings were provided in a variety of ways, making the claims highly individualized.

  • January 11, 2017

    Swiss Regulator Announces Data Privacy Deal With Microsoft

    Switzerland’s data privacy czar has reached an agreement with Microsoft on improvements to Windows 10 privacy features, it said Wednesday, warning other companies that the solution represented a “minimum standard” for them to follow.

  • January 11, 2017

    FCC Warns Consumers Of Financial Service Scams

    The Federal Communications Commission on Tuesday alerted consumers to callers who falsely offer lower credit card payments and other purported attempts to help with refinancing opportunities, noting that such scams are more prevalent during and after the holiday season.

  • January 11, 2017

    Venture Funding Falls In 4th Quarter To Cap Softer '16

    Venture capital funding continued its pullback in the fourth quarter to conclude a year that saw total such investment fall 20 percent, according to a report Wednesday, although some experts interpreted the results as a correction from an unsustainable boom rather than a slump.

  • January 10, 2017

    EU's New E-Privacy Rules Expand Its Authority Over Tech Cos.

    The European Commission floated a draft regulation Tuesday that will expose tech companies outside the traditional telecom space — including Facebook, Google and Apple — to stricter privacy rules on electronic communications, but the proposed regime's cross-border uniformity and eased customer-consent requirements could make the changes easier to swallow.

  • January 10, 2017

    NJ Investment Manager Denies KIT Digital Fraud

    A New Jersey investment manager on Friday denied charges that he aided his brother and others in mismanaging millions of dollars in investments from video software company KIT Digital Inc., losses which contributed to the company's spiral into bankruptcy.

Expert Analysis

  • National Cybersecurity Report: Top Business Takeaways

    Jonathan G. Cedarbaum

    A recently released report from the nonpartisan Commission on Enhancing National Cybersecurity sets out more than 50 policy recommendations for the next administration. Although it remains unclear how influential the recommendations will be, they deserve careful consideration, and at least some are likely to be pursued by the Trump administration, says Jonathan Cedarbaum of WilmerHale.

  • Rules Of Civil Procedure Updates Affect E-Discovery

    Patrick Reilly

    On Dec. 1, 2016, the annual updates to the Federal Rules of Civil Procedure went into effect. Revisions include the end of the three-day “mail rule” extension for electronically served discovery, an amendment regarding service of internationally based corporate defendants, and a technical change regarding venues in maritime law actions, say Patrick Reilly and Eldin Hasic of Faegre Baker Daniels LLP.

  • CPSC Civil Penalties: Setting New Records In 2016

    John Celeste

    As expected, U.S. Consumer Product Safety Commission civil penalty settlement amounts increased again this year. 2016 ended up setting records, both for the total dollar amount of civil penalty settlements and for the much-publicized largest single civil penalty settlement amount in CPSC history, says John Celeste of Miles & Stockbridge PC.

  • The Path To The California Bench

    Judge George F. Bird

    Ever consider applying for a judicial appointment in California? Get the lay of the land from Judge George Bird of the Los Angeles Superior Court and Kimberly Knill, a senior appellate court attorney for the California Court of Appeal. Additionally, hear what several recent appointees to the LA Superior Court thought of the judicial selection process.

  • 3 Tips To Avoid Being On The Outs With In-House Counsel


    When trial lawyers fail to recognize the unique challenges faced by in-house counsel, it jeopardizes not only the outcome of the case, but also the opportunities for future representation. These few simple strategies are hardly rocket science, but they are too often neglected, says Matthew Whitley
 of Beck Redden LLP.

  • $3M Takeaways From GN Netcom V. Plantronics

    Matthew Scully.jpg

    The District of Delaware ruling in GN Netcom Inc. v. Plantronics Inc. is a troubling read for practitioners who have dealt with electronically stored information. Significant ESI preservation steps were taken but the actions of one rogue executive cost the company dearly, says Matthew Scully of Burr & Forman LLP.

  • 2016: The Year In Energy Cybersecurity

    Jason Chipman

    Congress and federal agencies have dramatically strengthened cybersecurity requirements and authorities in the energy sector over the last year. Important recent developments include enactment of the Cybersecurity Act and the FAST Act, adoption of critical infrastructure protection standards, and efforts by industry to coordinate private sector responses to the threat, say Jason Chipman and Jonathan Cedarbaum of Wilmer Cutler Picke... (continued)

  • Time For PTO To Allow Direct Claiming Of 'Computer Software'

    Pollinger, Steve.jpg

    We propose that the U.S. Patent and Trademark Office amend its subject matter eligibility guidelines to make clear that claims may be expressly directed to “computer software” consistent with 35 U.S.C. §101. This would bring USPTO practice in line with recent Supreme Court and Federal Circuit case law and help innovators protect their software inventions, say Steven Pollinger and Craig Tolliver of McKool Smith PC.

  • Samsung V. Apple: Impacts Beyond Damages

    Courtland Reichman

    Last week, in Samsung v. Apple, the U.S. Supreme Court decided its first design patent case in over a century. The intellectual underpinnings of what seems on the surface to be a simple decision may, in fact, turn out to have a broader disruptive impact, say Courtland Reichman and Bahrad Sokhansanj of McKool Smith Hennigan PC.

  • The Horrible Conflict Between Biology And Women Attorneys

    Anusia Gillespie

    Women leave law firms for many of the same reasons men do, but also face challenges including headwinds with respect to assignment delegation and social outings, as well as potential disruptions if they choose to have children. Firms can increase investment in talent management and improve retention and engagement of women attorneys, says Anusia Gillespie of Banava Consulting.