Technology

  • June 20, 2017

    Sanction Ford For Scrubbed Source Code, Drivers Say

    A proposed class of drivers who say Ford Motor Co.’s vehicles suddenly accelerate told a West Virginia federal court on Friday to sanction the car company for lying during discovery and defying a court order to produce its full electronic throttle control system source code.

  • June 19, 2017

    High Court Grant On AIA Reopens Issue, Fed. Circ. Told

    A patent holder urged a Federal Circuit panel Monday to decide whether the America Invents Act’s inter partes reviews are constitutional, arguing the U.S. Supreme Court’s decision this month to decide the question means that the panel can do the same.

  • June 19, 2017

    Justice Sotomayor On Working A Room And The Post-Scalia Void

    Justice Sonia Sotomayor discusses the one thing she hates seeing at oral arguments, why diversity matters on the federal bench, and her habit of embracing audience members at live talks, in the first of two articles based on an exclusive interview with the 111th justice.

  • June 19, 2017

    FTC Suggests Edits To IoT Security Upgrade Guidance

    The Federal Trade Commission said Monday it has urged a National Telecommunications and Information Administration working group to tweak draft guidance regarding how to communicate with consumers about security upgrades for internet of things devices, suggesting changes the agency said would keep shoppers informed without misleading or overwhelming them.

  • June 19, 2017

    Dropbox Rival Urges 9th Circ. To Flip $2.3M TM Ruling

    Thru Inc. told the Ninth Circuit Friday that a California federal judge erred in ruling it infringed Dropbox’s trademark and awarding its electronic file management rival $2.3 million in attorneys’ fees and costs, saying he disregarded key evidence and that Dropbox was the party responsible for the lawsuit’s hefty expenses.

  • June 19, 2017

    Facebook Says Advertisers Can’t Sue Over False Metrics

    Facebook Inc. asked a California federal judge on Monday to toss a putative class action alleging the company misled advertisers with false consumer viewing metrics, saying the data was a free service it was not contractually obligated to provide and that the errors were covered by the website’s software glitch disclaimer.

  • June 19, 2017

    Meal Kit Startup Blue Apron Leads Seven IPO Launches

    Meal kit delivery startup and so-called unicorn Blue Apron Inc. served up plans for a $480 million initial public offering on Monday, leading a hearty plate of seven deals across the biotech, banking and technology sectors that have launched since Friday. 

  • June 19, 2017

    Fed. Circ. Clears Amazon Of Infringing Bar Code Reader IP

    The Federal Circuit ruled Monday that Amazon.com shopping apps did not infringe a patent owned by a unit of Honeywell International Inc., upholding a 2016 decision from a federal judge in Delaware.

  • June 19, 2017

    Sheppard Mullin Gains Media & Tech Expert In NYC Office

    Sheppard Mullin Richter & Hampton LLP has nabbed a new partner in its entertainment and digital media practice from Hughes Hubbard & Reed LLP, where the veteran transaction attorney advised media giants like Viacom on everything from asset exchanges to monetizing disruptive technologies.

  • June 19, 2017

    9th Circ. Revives DirecTV's $20M Flood Coverage Bid

    The Ninth Circuit on Monday reversed a decision that Factory Mutual Insurance Co. need not cover DirecTV for a $20 million claim over flood damage at a Thai hard-drive factory, remanding the issue for trial and saying DirecTV’s definition of “direct supplier” is reasonable.

  • June 19, 2017

    GoPro Shareholders Wave White Flag In Stock Drop Suit

    A would-be class of investors in action camera maker GoPro Inc. who accused the company of puffing up its stock price by lying about new product sales agreed to drop their suit against the company on Friday, a few weeks after a California federal judge found that their claims lacked teeth.

  • June 19, 2017

    GAO Axes Raytheon's Protest Over Army Software Deal

    The Government Accountability Office has rejected Raytheon's protest over the General Services Administration’s award of a U.S. Army software infrastructure contract to a rival contractor, finding the GSA had reasonably determined the company’s products did not meet the requirements for the contract.

  • June 19, 2017

    Growth-Hungry Delivery Hero Launches $1B IPO

    German online food ordering service Delivery Hero AG set terms Monday on a potential €927 million ($1 billion) initial public offering, about half of which is intended to fuel the Rocket Internet AG-backed startup’s expansion in a fiercely competitive international landscape

  • June 19, 2017

    Judge Koh Ends Apple Worker's Bias Suit After Walkout

    U.S. District Judge Lucy Koh granted Apple Inc. a win on Friday in an employee's discrimination suit alleging the tech giant forced him to transfer stores for reporting his co-workers’ racist remarks, days after walking out of a hearing on the motion when the self-represented worker argued longer than his allotted five minutes.

  • June 19, 2017

    Fed. Circ. Upholds PTAB Veto Of Intellectual Ventures IP

    The Federal Circuit on Monday affirmed a Patent Trial and Appeal Board’s decision that the asserted claims of an Intellectual Ventures wireless communications patent are invalid because a set of prior art would make them obvious.

  • June 19, 2017

    Visitor Management Co. Takes Country-Of-Origin Ruling To CIT

    The maker of a system for managing visitors to schools filed suit Friday in the U.S. Court of International Trade over a Customs and Border Protection country-of-origin ruling that American software and integration did not “substantially transform” the China-imported printer and scanner used in the system.

  • June 19, 2017

    Justices Decline To Hear 5 Intellectual Property Cases

    As the U.S. Supreme Court nears the end of its term, it performed some legal housecleaning Monday by declining to hear five intellectual property cases involving copyrights, trade secrets and patents for companies in the technology and telecommunications sectors.

  • June 19, 2017

    Ybrant's Ch. 11 Plan May Short $37M Lien, Creditor Says

    Korean technology company Daum Global Holdings Corp., which holds a lien of about $37 million against Ybrant Digital, lodged a renewed objection to Ybrant's Chapter 11 plan on Sunday, telling a New York bankruptcy court the debtor has not shown it will be able to pay the arbitration award that led to the lien.

  • June 19, 2017

    Fed. Circ. Affirms PTAB's Nix Of Gambling Machine Patent

    The Federal Circuit on Monday affirmed the Patent Trial and Appeal Board’s decision that a Cole Kepro International LLC patent related to casino gambling machine cabinets was invalid, finding that it would have been obvious at the time of the invention.

  • June 19, 2017

    Comcast, Dish, Echostar Nix Channel Guide Patent

    An Illinois federal judge handed Comcast, Dish and Echostar wins in identical suits alleging the telecommunications companies infringed a patent for a system of selecting television channels, ruling Monday that it is akin to a paper channel guide and that the patent is invalid.

Expert Analysis

  • Noncompete Agreements Under Siege At The State Level

    James Hammerschmidt

    Compared with many other areas of employment law, the law of noncompetition agreements has been relatively static. More recently, however, many states have turned their attention to noncompetes and considered significant changes in how they are used and enforced, say attorneys with Paley Rothman.

  • The Next Steps For Biometrics Legislation Across The US

    Justin Kay

    This month, Washington became the third state after Illinois and Texas to enact its own legislation generally governing the collection, use and retention of biometric data. As biometric information becomes more commonplace, there appears to be a renewed focus on the Illinois law, as well as a new impetus in other states to pass similar laws, say Justin Kay and Brendan McHugh of Drinker Biddle & Reath LLP.

  • A New Era For Software Patents In China

    Elizabeth Chien-Hale

    At a time when the U.S. is pulling back on the patentability of software inventions, China is moving in the opposite direction. Recent changes to Chinese guidelines expanded patentability of business method patents and enhanced claiming options for patents covering software inventions, says Elizabeth Chien-Hale of Brinks Gilson & Lione.

  • Covering New Fraud Risks With Traditional Policies: Part 1

    Mary Borja

    Targets of fraudulent wire instruction scams have found that whether insurance coverage is available is highly dependent on the precise language of their specific policies, but the cases that have been litigated to date show that more often than not, traditional policies do not cover these exposures, say attorneys with Wiley Rein LLP.

  • My Milkshake Is Better Than Yours: Part 1

    Jill Dessalines

    As I sat there listening, incredulous to learn that "Milkshake" was not only a real song but also a chart-topper, it reminded me of Harvard Business School Professor Clayton Christensen’s work on disruptive innovation — and how it pertains to mid-size law firms, says Jill Dessalines, founder of Strategic Advice for Successful Lawyers and former assistant general counsel of McKesson Corp.

  • The Risk Of Liability After A Preferred Stock Redemption

    Gail Weinstein

    The Delaware Chancery Court's recent decision in Frederic Hsu Living Trust v. ODN highlights the potential liability that private equity sponsors and directors face when preferred stock held by the sponsor is redeemed. If future decisions intensify this risk, sponsors could consider alternative investment structures, say attorneys with Fried Frank Harris Shriver & Jacobson LLP.

  • And Now A Word From The Panel: MDL Forum Selection

    Alan Rothman

    In the latest installment of his column on the Judicial Panel on Multidistrict Litigation, Alan Rothman of Arnold & Porter Kaye Scholer LLP takes a closer look at how the panel decides to exclude a potentially related action from a new MDL proceeding, and at how the panel deals with forum selection clauses in contracts between parties in multidistrict claims.

  • Product Liability Plaintiffs May Aim For Tech Developers

    Robb Patryk

    Adam Alter's new book on technology-based behavioral addiction issues may unintentionally spur plaintiffs attorneys to launch product liability lawsuits against technology companies, holding them accountable for addictive products, say attorneys with Hughes Hubbard & Reed LLP.

  • AIA Trial Institution Rates Are Good News For Patent Owners

    Kerry Taylor

    The U.S. Patent and Trademark Office recently released America Invents Act trial statistics through the first half of fiscal year 2017, and one trend is clear: The overall trial institution rates for inter partes reviews, covered business method reviews and post-grant reviews are down, say Kerry Taylor and Nathanael Luman of Knobbe Martens Olson & Bear LLP.

  • Back To The Fourco: High Court's New, Old Patent Venue Test

    Brian Ferguson

    For nearly 30 years, courts have liberally construed the patent venue statute. But no more — on Monday the U.S. Supreme Court reinstated its 1957 Fourco interpretation of the statute. This decision in TC Heartland will have a profound and immediate impact on patent litigation, say Brian Ferguson and Rahul Arora of Weil Gotshal & Manges LLP.