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  • December 5, 2018

    EU States Seek Broad-Based Digital Tax: Estonian Official

    Most European Union countries, particularly smaller ones, favor a sustainable method for taxing all companies’ digital activity over the proposed tech-industry revenue tax that bloc leaders Germany and France have abandoned, a senior Estonian official said at a recent conference.

  • December 5, 2018

    PTAB Cuts Some Huawei Patent Claims In Samsung Fight

    The Patent Trial and Appeal Board has handed a partial win to Samsung in a dispute over three Huawei cellular network patents, chucking all of the challenged claims in one of the Chinese phone maker’s patents and knocking off several claims in the other two.

  • December 5, 2018

    China Breaks Silence, Intends To Move Fast On Trade Talks

    The Chinese government on Wednesday broke its relative silence regarding the handshake agreement between President Donald Trump and President Xi Jinping last week, vowing to quickly make policy changes in areas in which it reaches consensus with U.S. negotiators.

  • December 5, 2018

    Groups Warn FCC Against Misclassifying Text Messages

    A plethora of consumer groups sent a letter Wednesday to the Federal Communications Commission in response to its plan to designate text messages as a Title I information service, urging it to either issue a public notice or classify texts and short codes as a Title II telecommunications service.

  • December 5, 2018

    NutriBullet Makers Can’t Get Suit Kicked To New Zealand

    A California federal judge has found that the makers and distributors of NutriBullet must face a suit alleging a blender injured a New Zealand woman in California court, ruling that the companies did not demonstrate a need to have the case dismissed.

  • December 5, 2018

    Data-Driven Lawyer: Kilpatrick Townsend's Kate Gaudry

    Kilpatrick Townsend’s Kate Gaudry has used data analytics to supercharge her patent prosecution practice, uncover winning strategies for portfolio management and expose a secretive U.S. Patent and Trademark Office program, earning her a spot on our 2018 list of Data-Driven Lawyers.

  • December 4, 2018

    Amazon Can't Duck Bias Claims Over Job Ads, Judge Hears

    Amazon, T-Mobile and other national employers violated age bias laws by aiming Facebook job ads at younger workers even if they didn’t block older workers from applying, three older job seekers said Monday in a memo urging a California federal judge not to dismiss their proposed class suit.

  • December 4, 2018

    8th Circ. Stands By Charter's Win In VoIP Regs Battle

    The Minnesota Public Utilities Commission on Tuesday failed to convince the Eighth Circuit to revisit a panel decision freeing Charter Communications Inc.'s Voice over Internet Protocol business from state regulation, despite support for an en banc rethink from the court's chief judge.

  • December 4, 2018

    PTAB Says Not Every RPX Member An Interested Party

    The Patent Trial and Appeal Board has agreed to review defensive patent group RPX Corp.'s challenge to a patent covering mobile website technology, rejecting arguments that the petition should be denied because Google — an RPX member that was previously sued for infringement — wasn't named an interested party in the case.

  • December 4, 2018

    USPTO Defends Patent Prosecution Retakes To Fed. Circ.

    The U.S. Patent and Trademark Office asked the full Federal Circuit on Monday to reject prolific inventor Gilbert Hyatt’s request for review of the agency’s ability to reopen patent prosecution rather than hearing an appeal, saying the practice is consistent with the Patent Act.

  • December 4, 2018

    Fed. Circ. Won't Revive U. Of Ill. Contract Row With Micron

    The Federal Circuit on Tuesday refused to revive the University of Illinois' breach of contract claim stemming from a lengthy dispute with Micron Technology Inc. over semiconductor patents, and also nixed Micron's bid to recover its attorneys' fees.

  • December 4, 2018

    Microsoft Says Gov’t Funds Needed For ‘White Space’ Tech

    Microsoft president Brad Smith on Monday called on the federal government to redirect some of the funds allocated for expanding broadband access in rural America toward incentives for “white space” devices, wireless technology that repurposes unused space on the spectrum left between television stations.

  • December 4, 2018

    AOL Successor Pays NY $4.95M In Largest-Ever COPPA Deal

    AOL’s successor has agreed to pay $4.95 million to resolve allegations that the online service provider violated the Children’s Online Privacy Protection Act, marking the largest-ever penalty in a COPPA enforcement matter in U.S. history, according to the New York Attorney General’s Office Tuesday.

  • December 4, 2018

    'Tariff Man' Trump Holds Open Extension Of China Truce

    President Donald Trump on Tuesday raised the possibility that his 90-day tariff ceasefire with China could be extended to allow for further negotiation while at the same declaring himself a “Tariff Man” who views the imposition of duties as a central component of his economic philosophy.

  • December 4, 2018

    Singapore Regulator Releases Guide For Token Offerings

    The Monetary Authority of Singapore on Monday released a guide describing how digital token offerings fall under the purview of the nation’s securities laws, weeks after a bill aimed at streamlining payment services regulation was introduced in the Singapore Parliament.

  • December 4, 2018

    Data-Driven Lawyer: Littler's Scott Forman

    Littler Mendelson PC shareholder Scott Forman's innovative case management platform helps his firm analyze litigation data, craft defense strategies, predict outcomes and greatly reduce client costs, earning him a spot on our 2018 list of Data-Driven Lawyers.

  • December 4, 2018

    Crypto Platform ErisX Snags $28M In Latest Funding Round

    Cryptocurrency trading platform ErisX on Tuesday said its most recent funding round brought in upward of $27.5 million from investors including Fidelity Investments and Nasdaq Ventures, as ErisX looks to enhance its profile in the digital asset market.

  • December 4, 2018

    7th Circ. Revives Suit Over Defective Sports Tech

    A Seventh Circuit panel has salvaged a suit by a sports electronics company alleging its supplier sold it defective parts, saying that while five of the seven claims were rightfully barred, the fraud claims can proceed.

  • December 3, 2018

    Fed. Circ. Allows Appeal Of Fairchild Patent Awards Issue

    The Federal Circuit agreed Monday to hear an interlocutory appeal of an order from a Delaware federal judge who took an expansive view of the WesternGeco decision by the U.S. Supreme Court allowing patent owners to recover some foreign lost profits.

  • December 3, 2018

    Google Says Users Lack Standing In High Court Privacy Row

    A dispute before the U.S. Supreme Court over the fairness of an $8.5 million privacy deal that requires Google to pay nothing to class members has heated up, with the tech giant and the federal government arguing that the plaintiffs have failed to meet the Article III standing bar established by the high court’s Spokeo decision.

Expert Analysis

  • From Medicine To Sexbots, AI Raises Liability Questions

    Ileana Blanco

    Artificial intelligence is already in use for applications like calculating drug dosages for cancer patients. But future uses of AI could range much further, perhaps even as depicted in TV shows like "Westworld." We are only beginning to grapple with how the law will treat liability issues raised by such technological advances, says Ileana Blanco of DLA Piper LLP.

  • Opinion

    Time For Regulators To Embrace Earned Wage Access

    David Reidy

    A wave of fintech providers are offering earned wage access services, which enable employees to access a portion of their wages before their next scheduled payday. While regulators have taken notice, they have yet to clarify existing rules or explicitly endorse such programs, say attorneys with McGuireWoods LLP.

  • Navigating Geopolitics In US-China Investments

    Charles Comey

    Notwithstanding protectionist trends on both sides of the Pacific, there continues to be high levels of interest from Chinese investors looking to invest in U.S. companies and vice versa. Charles Comey and Jim Ryan of Morrison & Foerster LLP discuss the new regulatory challenges facing these deals.

  • ​Takeaways From Senate Antitrust Enforcement Hearing

    Joseph Bial

    While testifying before the Senate's antitrust subcommittee earlier this month, the chairman of the Federal Trade Commission and the head of the U.S. Department of Justice Antitrust Division provided additional detail about several of the agencies’ initiatives, say attorneys with Paul Weiss Rikfind Wharton & Garrison LLP.

  • Roundup

    Trade Wars

    Trumps Trade Wars Logo 03.jpg

    This special series examines the legal, strategic and economic dimensions of the Trump administration's trade agenda, and assesses what the recent shifts in U.S. trade policy may mean for the country and for the established system of international commerce.

  • Series

    Trade Wars: Restricting Foreign Access To US Technology

    Hdeel Abdelhady

    The tech industry is now at the center of policies designed to protect U.S. technology from foreign access and influence — including not only restrictions on foreign investment, but also supply chain exclusions, limits on academic research, curbs on third-country technology transfers and measures against foreign control of key raw materials, says Hdeel Abdelhady of MassPoint Legal and Strategy Advisory PLLC.

  • Need Litigation Finance? Don't Skip These 5 Steps

    Molly Pease

    The process of applying for litigation financing isn’t difficult, but few do it right the first time. Following five steps in your application process will help make sure litigation funders are convinced of the value of your company's legal claims, says Molly Pease of Curiam Capital LLC.

  • Inventor's Case Highlights Appeal Option For Rejected Patent

    Pauline Pelletier

    ​When a rejected patent​ application ​is appealed to the Patent Trial and Appeal Board​ unsuccessfully, ​the standard next step is Federal Circuit appeal. ​But an alternative route is to sue the U.S. Patent and Trademark Office in district court. The recent decision in Gilbert Hyatt v. Iancu offers insight into this Section 145 process, say attorneys with Sterne Kessler Goldstein & Fox PLLC.​

  • ​Are You Ready For Your Congressional Investigation?

    Brian Smith

    ​The Democratic Party is ​expected to take control of the House of Representatives next year,​ ​which​ will dramatically increase the congressional investigations risks for ​the ​private sector.​ Prime targets include pharmaceutical, financial services and technology ​companies, says Brian Smith of Covington & Burling LLP.

  • Pros And Cons Of California’s New Corporate Blockchain Law

    Sara O’Connell

    A new California law will allow privately held companies to use blockchain technology for stock issuance and other corporate records. However, corporations should be cautious about moving into this relatively uncharted territory, say Sara O’Connell and Riaz Karamali of Pillsbury Winthrop Shaw Pittman LLP.