• January 10, 2017

    Facebook Faces $2B Trial Over Virtual Reality Software

    A video game developer on Tuesday told a Texas federal jury Oculus VR LLC pulled "one of the biggest technology heists ever" when it allegedly stole proprietary source code to make its popular virtual reality device before selling the company to Facebook Inc., causing it $2 billion in damages.

  • January 10, 2017

    No Fees For Video Game Cos. In Acceleration Bay IP Row

    Video game companies including Activision Blizzard Inc. and Electronic Arts Inc. were denied attorneys’ fees in a dismissed patent infringement lawsuit brought by technology incubator Acceleration Bay LLC, according to an order from a Delaware federal judge Tuesday.

  • January 10, 2017

    BlackBerry Settles Data Encryption Patent Dispute

    BlackBerry Corp. has agreed to settle two infringement lawsuits brought by securities firm Maz Encryption Technologies LLC, according to a Tuesday court filing, a deal that comes just a few months after a Delaware federal judge ruled one of Maz’s patents was not directed toward an abstract idea.

  • January 10, 2017

    Cause of Action Institute To Fight FTC In Privacy Row

    The limited-government organization Cause of Action Institute said Tuesday that it will represent electronics maker D-Link Systems Inc. in a privacy lawsuit brought by the Federal Trade Commission that alleges the company's devices aren't secure and put thousands of customers' data at risk, saying the allegations are “unwarranted and baseless.”

  • January 10, 2017

    NJ Tax Court Reverses Course, OKs Software Services Levy

    The Tax Court of New Jersey ruled Monday that certain services an information technology company provided before October 2005 were subject to sales tax, finding that maintenance and installation were taxable even before a law enacted that year specified them as such.

  • January 10, 2017

    FDA Reports Hacking Risk In St. Jude Medical Heart Devices

    Medical device maker St. Jude Medical Inc.'s smart pacemakers and defibrillators may be vulnerable to cybersecurity hacking, the U.S. Food and Drug Administration said on Monday, giving weight to late summer reports of the issues, which St. Jude vehemently contested at the time.

  • January 10, 2017

    Deals Rumor Mill: Brookdale, Imagina Media, Carlyle Group

    Brookdale Senior Living, worth $2.39 billion, is up for grabs; a number of suitors including Chinese billionaire Jack Ma are vying to buy stakes in Spanish audiovisual company Imagina Media; and Carlyle is gearing up to raise a $5 billion U.S. real estate fund.

  • January 10, 2017

    Highmark Seeks To Pierce Veil, Recover $5M In Allcare IP Row

    Health insurer Highmark Inc. filed a lawsuit in Texas federal court Monday, telling the court that in order to recover its $5.2 million attorneys' fees award from Allcare Health Management Systems in a suit over an information management system patent, it must bring this new action against the company's principals.

  • January 10, 2017

    VirnetX Asks Fed. Circ. To Rehear Patent Case With Apple

    VirnetX Inc. on Monday asked the full Federal Circuit to rehear a case involving Apple Inc. that resulted in part of an internet security patent it owns being found invalid, arguing the panel’s “misguided” decision runs “roughshod” over the court’s own precedent about expert testimony.

  • January 10, 2017

    Patent Suits Can Have Multiple Winners, Fed. Circ. Hears

    The time has come for the Federal Circuit to overturn its 2010 ruling that only one party can be considered “prevailing” for determining costs in patent infringement litigation, Golden Bridge Technology Inc. said Tuesday in a dispute with Apple Inc., telling the appeals court it is now a “lone ranger” on the issue.

  • January 10, 2017

    Facebook Blocks Claims That Service Terms Break NJ Law

    A California federal judge on Monday dismissed a putative class action accusing Facebook of violating New Jersey consumer protection law by forcing its users to resolve disputes in California, noting California’s consumer protection laws are even stronger than New Jersey’s.

  • January 10, 2017

    Dropbox Wants $1.95M In Fees After TM Challenge Early Win

    Dropbox Inc. is asking a California federal judge to sign off on a request for $1.95 million in attorneys’ fees after the court earlier found that electronic file transfer company Thru Inc. cannot bring a challenge to Dropbox’s registered mark.

  • January 10, 2017

    Fitbit Urges Judge To Force Arbitration In Heart Monitor Row

    Fitbit Inc. asked a California federal judge on Monday to compel arbitration in a proposed class action accusing the company of making “wildly inaccurate” fitness trackers, arguing that the consumers have had a year for discovery and that the case must now go before an arbitrator.

  • January 10, 2017

    DTCC Embraces Bitcoin Technology For Credit Default Swaps

    Wall Street clearinghouse the Depository Trust & Clearing Corp. plans to rebuild its credit default swaps processing system with one based on blockchain — the same rapid technology that underpins digital currency bitcoin — and is hiring IBM and two startups to lead the project.

  • January 10, 2017

    Cyberattack Bill Seeks Old-School Energy Grid Protection

    A bipartisan group of five U.S. senators said Tuesday they are pushing a bill aimed at preventing cyberattacks on the nation’s energy infrastructure by investigating analog and human-driven methods of security, lawmakers said Tuesday.

  • January 10, 2017

    Wireless Group Urges FCC To Nix New Emergency Alert Rules

    The Federal Communications Commission should scrap or delay a number of requirements on wireless providers included under proposed rules to modernize the Wireless Emergency Alerts program, wireless trade association CTIA said in comments submitted to the commission Monday.

  • January 10, 2017

    Fed. Circ. Upholds Patent Win For Google, Verizon, AT&T

    The Federal Circuit on Tuesday affirmed a lower court’s ruling that Google, Verizon Wireless, AT&T, T-Mobile and BlackBerry do not infringe a patent on phone billing technology.

  • January 10, 2017

    Fed. Circ. Told Trading Patents Are Invalid In $16M Appeal

    Market data company CQG Inc. told a Federal Circuit panel Tuesday that patents covering a user-guided online trading technology were invalid as abstract under the Supreme Court’s Alice standard, attempting to shake off a $16 million jury verdict in favor of patent owner and software developer Trading Technologies Inc.

  • January 10, 2017

    IBM Says Software Co. Can't Leverage Confidential Docs

    A Danish software company deserves sanctions for trying to use information gathered in a licensing suit over computer software to expand the suit and launch new actions, International Business Machines Corp. told a New York federal court on Monday.

  • January 10, 2017

    Gmail, WhatsApp To Face Tougher EU Privacy Rules

    The European Union is beefing up its privacy rules for electronic communications to include web players such as WhatsApp, iMessage and Gmail, the union’s executive branch announced on Tuesday.

Expert Analysis

  • Philip Hirschkop: Quietly Making Noise For 50 Years

    Randy Maniloff

    The first paragraph of Philip Hirschkop’s obituary is going to contain the word "Loving." That’s undeniable. But many of Hirschkop’s other cases are just as groundbreaking in their own right. They aren’t household names like Loving, but they have affected millions in the nation’s households, says Randy Maniloff of White and Williams LLP.

  • The Need For Speed: Process And Product Quality In Track 1

    Arti Rai

    A recent study found that delays in the patent examination process significantly reduce the growth of startup firms, even when the firm’s patent application is eventually approved. The time is ripe, therefore, for an empirical examination of how the USPTO's Track 1 "priority review" is working, say Professor Arti Rai and Elliot Chen of Duke University School of Law.

  • Spokeo 6 Months Later: An Undeniably Dramatic Impact

    Ezra D. Church

    The U.S. Supreme Court's Spokeo decision immediately sparked predictions in the class action bar as to the future of statutory damage claims in consumer class actions. And that issue is being vigorously litigated in federal courts throughout the country. Attorneys at Morgan Lewis & Bockius LLP take stock of the decision’s initial impact and some trends observed to date.

  • Is Automotive Innovation Driving Legal Issues Around IP?

    Matthew Luby

    In an environment of constant innovation, it is important for auto companies to ensure the right resources, intellectual property information and strategic partnerships are in place. However, it is the job of law firms to educate companies about the new legal issues that accompany the changing IP landscape, says Matthew Luby of CPA Global.

  • New Form I-9 Means More Immigration-Related Change In 2017

    Christine A. Samsel

    U.S. Citizenship and Immigration Services' revised Form I-9 offers new features and imposes some different requirements. Some modifications enhance the form, while some may result in more technical violations, particularly for employers who continue to use paper versions of the form, say Christine Samsel and Hannah Caplan of Brownstein Hyatt Farber Schreck LLP.

  • Offshore Patent Transfer Payments Draw IRS, Court Scrutiny

    Vikram Iyengar

    Tax inversions and the offshoring of intellectual property by U.S. companies grew from an arcane tax law subject to a popular election year issue this autumn. Transfer pricing is a significant area of scrutiny for the IRS, and recent Federal Circuit case law has resulted in dramatically reduced damages for infringement of offshored patents, say Vikram Iyengar and Charlene Morrow of Fenwick & West LLP.

  • Lexmark Could Profoundly Impact Patent Exhaustion

    N. Scott Pierce

    On Friday, the U.S. Supreme Court granted a writ of certiorari in the case of Impression Products Inc. v. Lexmark International Inc. The ultimate decision by the court could have a profound impact on the judicial doctrine of patent exhaustion, potentially extinguishing long-standing precedent, says Scott Pierce of Hamilton Brook Smith Reynolds PC.

  • OPINION: WTO Should Not Authorize Personal Property Theft

    John Veroneau

    Antigua is entitled to have its favorable WTO ruling enforced. But the World Trade Organization should not authorize the theft of U.S. intellectual property. If Antigua permits this theft, it will establish a terrible and unjust precedent that could become very costly if pursued by larger countries, says John Veroneau, a partner at Covington & Burling LLP and former Deputy U.S. Trade Representative.

  • Energy Policy In The Trump Era: Part 2

    Christopher Carr

    President-elect Donald Trump has pledged to drastically change the federal government’s role and policies in relation to energy, the environment and climate change. In the second of a two-part series, Christopher Carr and Robert Fleishman of Morrison & Foerster LLP examine the impact of the new administration's attitudes towards the Clean Power Plan, the Paris Agreement and other energy and environmental regulations and policies.

  • Rakoff Addresses Tippee Liability In SEC V. Payton

    Jonathan E. Richman

    U.S. District Judge Jed Rakoff in U.S. Securities and Exchange Commission v. Payton recently denied a motion for a new trial by two remote tippees found guilty of insider trading. An interesting aspect of the decision is the court’s treatment of whether the tippees knew or should have known that the tipper had breached his duty of confidentiality, says Jonathan Richman of Proskauer Rose LLP.