• October 3, 2017

    Toshiba To Pay $522M For Full Ownership Of Westinghouse

    Toshiba on Tuesday said it will pay 59 billion yen ($522 million) to buy out a minority shareholder and take full ownership of its bankrupt U.S. nuclear arm Westinghouse, a deal that comes as the struggling Japanese technology company is selling its memory business to a private equity-led group.

  • October 2, 2017

    4 Uniloc Server Patents Invalidated In Eastern District Of Texas

    A Texas federal judge invalidated claims of four Uniloc USA Inc. patents covering client-server application management as abstract ideas in the prolific patent plaintiff's infringement suit against human resources company ADP LLC.

  • October 2, 2017

    News Orgs Want Courtroom Kept Open In Uber, Waymo Trial

    A group of 11 media organizations asked a California federal judge not to boot them from the courtroom during the upcoming trial in Waymo and Uber’s trade secrets dispute, arguing Monday that much of what Waymo is seeking to protect is already public.

  • October 2, 2017

    Plantronics, GN Netcom Prepare For $600M Antitrust Trial

    Telephone-headset makers Plantronics Inc. and GN Netcom Inc. sparred in a Delaware federal courtroom Monday over how to tell jurors about the alleged bad-faith destruction of Plantronics emails during an upcoming six-day antitrust trial with as much as $600 million on the line.

  • October 2, 2017

    Justices Won't Hear Synopsys Appeal Of Alice Ruling

    The Supreme Court on Monday declined to hear an appeal by Synopsys, which argued that the Federal Circuit flouted the high court's Alice precedent by holding that its circuit patents are invalid for claiming only abstract ideas, according to an order list issued by the high court.

  • October 2, 2017

    Ex-Basho CEO Tells Of Frayed Relations With Large Investor

    The former CEO of database company Basho Technologies Inc. told a Delaware Chancery Court judge Monday of the contentious relationship with major shareholder Georgetown Basho Investors LLC that eventually led to the CEO’s resignation amid alleged bad faith negotiations on financing the company’s operations.

  • October 2, 2017

    1st Circ. Grills Uber Over ‘Suspicious’ Fine Print

    Uber Technologies Inc. got an earful Monday from two federal appellate judges who questioned the ride-hailing company about whether it hoodwinked its riders into agreeing to give up the right to sue in court over hidden fees.

  • October 2, 2017

    Insurers Face Headwinds In Bid To Audit Asbestos Payouts

    Insurers' bid for deeper audits of asbestos injury trust payouts on behalf of Philips North America hit skeptical questioning in Delaware’s Chancery Court on Monday, and reminders that the insurers appeared to have already agreed to nothing more.

  • October 2, 2017

    FCC Chair Pai Approved Over Senate Dems' Objections

    Republicans in the Senate confirmed President Donald Trump’s pick to lead the Federal Communications Commission for another five years on Monday over objections from Democrats who said Ajit Pai would keep net neutrality on the chopping block.

  • October 2, 2017

    Fed. Circ. Hesitant To Wade Into Antitrust Aspect Of IP Feud

    A Federal Circuit panel ordered further briefing Monday on whether it has jurisdiction over a nixed antitrust claim in a long-running patent battle regarding advanced measurement systems for semiconductors, with one judge saying he worried he was being pushed to create a circuit split.

  • October 2, 2017

    Bain Eyes $1.35B Takeover Of Japanese Ad Firm Asatsu-DK

    Bain Capital Private Equity LP is looking to take Asatsu-DK Inc., Japan’s No. 3 advertising agency, private for 152 billion yen ($1.35 billion), marking the Boston-based private equity firm’s latest play in the country, according to a Monday statement.

  • October 2, 2017

    Equifax Failed To Fix Security Flaw In March, Ex-CEO Says

    Equifax learned in March of the vulnerability that allowed hackers to access the sensitive personal data of what the company now says was 145.5 million individuals, but failed to patch the flaw that led to the cyberattack that went undetected for more than two months, its former CEO will tell a House committee Tuesday. 

  • October 2, 2017

    'Initial Coin Offerings' Deceived Investors, SEC Says

    The U.S. Securities and Exchange Commission has issued its first fraud charges involving so-called initial coin offerings, alleging in New York district court Friday that a businessman and two companies swindled investors through ICOs purportedly backed by real estate and diamonds.

  • October 2, 2017

    Intellectual Ventures Urges Fed. Circ. To Revive Cellphone IP

    Nonpracticing entity Intellectual Ventures urged a Federal Circuit panel in oral arguments Monday to revive a smartphone patent nixed by the U.S. Patent and Trademark Office and its Patent Trial and Appeal Board, arguing prior technology didn’t point directly to the patent’s direction for a self-powered handset.

  • October 2, 2017

    High Court Won't Hear Kim Dotcom Asset Seizure Appeal

    The U.S. Supreme Court said Monday that it would not hear an appeal from indicted Megaupload Ltd. founder Kim Dotcom over the U.S. government’s efforts to seize millions in assets held overseas.

  • September 29, 2017

    Privacy Fights To Watch At The Supreme Court

    The U.S. Supreme Court is gearing up to decide a blockbuster case that has the potential to reshape the way individuals' location data is used, and more may be added to the docket as the justices weigh whether to tackle issues like overseas data access and the standard of harm that consumers must meet to bring privacy suits. Here, experts flag the top disputes they'll be keeping an eye on this term.

  • September 29, 2017

    VC Group Pushes To End Delay Of Int’l Entrepreneur Rule

    A venture capital group asked a D.C. federal judge Friday to compel the government to implement an Obama-era rule that would allow foreign entrepreneurs to temporarily live in the U.S., saying it will likely succeed in claiming that the government shirked administrative procedure in delaying the rule’s effective date.

  • September 29, 2017

    Fed. Circ.’s New Patent Venue Test Quickly Spurs Transfers

    A recent Federal Circuit decision setting guidance on where patent suits should be filed has already been invoked by Illinois and Virginia judges in unrelated cases to transfer infringement suits against Lego and the note-taking app Evernote to other courts.

  • September 29, 2017

    Apple Reveals Record Number Of National Security Requests

    Apple received its largest-ever number of national security-related requests for access to data in the first half of 2017, the technology giant revealed Thursday, amid a broader debate over the pending renewal of certain surveillance powers by Congress.

  • September 29, 2017

    Ex-CEO Of Pokeware Gets 4 Years For $7M Investor Fraud

    The founder and former CEO of Pokeware was sentenced to about four years in prison on Friday in New York federal court for defrauding investors out of more than $7 million and using investor money to pay her rent, support her lavish lifestyle and buy luxury goods. 

Expert Analysis

  • The Psychology Of Hourly Fee Arrangements

    J.B. Heaton

    The range of possible and better fee agreements is wide. But such alternatives will become popular only if litigants confront the psychological tendencies shaping their existing fee arrangements, says J.B. Heaton, a partner at Bartlit Beck Herman Palenchar & Scott LLP.

  • A Closer Look At FLSA's Computer Professional Exemption

    Jerrold Goldberg

    In the past, courts have narrowly construed the computer professional overtime exemption under the Fair Labor Standards Act. Jerrold Goldberg of Greenberg Traurig LLP examines several decisions that provide guidance on how to determine whether employees, such as information technology or computer staff, qualify as computer professionals.

  • Fed. Circ. Decision Addresses Key Oil States Argument

    Ben Koopferstock

    The Federal Circuit's decision this week in Ultratec v. CaptionCall — issued four days after Oil States filed its U.S. Supreme Court brief — appears to comment on Oil States’ attempt to draw a line between inter partes review and re-examination, says Ben Koopferstock of Banner & Witcoff Ltd.

  • How Autonomous Vehicles Will Transform Our Cities

    Christopher Boll

    Local governments and businesses must prepare for the disruptions that will hit their communities with the advent of autonomous vehicles. In the not-so-distant future, rules and regulations will change, methods for transporting people and goods will shift, and the way communities are designed, planned and built will be drastically altered, says Christopher Boll of Foley & Lardner LLP.

  • How Courts Treat USPTO Subject Matter Eligibility Guidelines

    Jeremiah Frueauf

    Patentees in district courts have argued patent eligibility based on the U.S. Patent and Trademark Office subject matter eligibility guidelines, with mixed success. A Virginia federal court's recent decision in Cleveland Clinic v. True Health is the first to address a patent that issued, in part, based on the guidelines, say attorneys with Sterne Kessler Goldstein & Fox PLLC.

  • Telehealth: A Priority For Advancing Quality Health Care

    Michael Adelberg

    Following its August recess, Congress will have less than four weeks to work through must-pass legislation that would fund the Children’s Health Insurance Program. Amid this hard-stop deadline for program funding, there is a possibility that this legislation could lend itself as a vehicle to attach other party priorities, such as expansion of telehealth services for Medicaid beneficiaries, say attorneys with Faegre Baker Daniels.

  • An Update On The Apple-Samsung Damages Saga

    Joshua Wolson

    Last year, the U.S. Supreme Court unanimously reversed a jury verdict that awarded Apple nearly $400 million in damages from Samsung. Now a California federal court has an opportunity to provide important guidance on the meaning of the Supreme Court’s decision, says Joshua Wolson of Dilworth Paxson LLP.

  • Managing Consumer Expectations For Autonomous Vehicles

    Charles Moellenberg Jr.

    As consumers begin to sit in the driver’s seat of automated and autonomous vehicles, manufacturers and sellers have a golden opportunity to educate consumers on the benefits and risks of those vehicles and to shape their expectations, says Charles Moellenberg Jr. of Jones Day.

  • New Considerations For Patent Counsel In The Startup World

    Justin Nifong

    The goal of many small companies now is to grow to the point of acquisition, instead of or in addition to working to become long-term sustaining businesses. With this change comes a shift in intellectual property advising to drive a startup’s valuation at the fundraising and exit stages, says Justin Nifong, co-founder of NK Patent Law PLLC.

  • Self-Collection In E-Discovery — Risks Vs. Rewards

    Alex Khoury

    As judges become better educated about the complexities of collecting electronically stored information, in particular the inefficacy of keyword searching, they are increasingly skeptical of self-collection. And yet, for many good reasons (and a few bad ones), custodian self-collection is still prevalent in cases of all sizes and in all jurisdictions, says Alex Khoury of Balch & Bingham LLP.