• April 13, 2017

    Microsoft Says Foreign Intel Surveillance Probes Doubled

    Microsoft Corp. received at least twice as many requests for data from the U.S. government under the Foreign Intelligence Surveillance Act in the first half of 2016 as it did in the previous six months, the computer giant said Thursday in its biannual transparency report.

  • April 13, 2017

    Innovak Web-Portal Users Seek Cert. In Data Breach Suit

    Victims of a data breach that targeted Innovak International Inc. asked for class certification Wednesday in their Alabama federal court suit accusing the information technology company of failing to protect their personal information, contending that the class meets all requirements.

  • April 13, 2017

    Consumers Would Pay More In Special Access Plan, FCC Told

    The Computer & Communications Industry Association on Wednesday warned the Federal Communications Commission that its plan for a new regulatory framework in the market for special access, or business data, services would inflate prices and pass the burden to customers.

  • April 13, 2017

    Adobe Seeks Fees In ‘Nuisance’ Blue Spike IP Spat

    Adobe Systems Inc. asked the Federal Circuit on Wednesday to force a Texas-based nonpracticing entity to pay the software maker’s attorneys' fees, saying the nearly three-year patent infringement battle was nothing more than a meritless suit designed to extract a settlement.

  • April 13, 2017

    EU Initiative Seeks Clarity On Standard-Essential Patents

    The European Commission is working to provide guidance on standard-essential patents that fills in the gaps left behind by court rulings to reduce uncertainty for European businesses and ensure they do not fall behind on innovation, according to a commission document published this week.

  • April 13, 2017

    FCC's O'Rielly Urges 'Caution' On Broadband Fees For 911

    Federal Communications Commissioner Michael O'Rielly on Wednesday expressed hesitancy toward suggestions that new fees on broadband or internet service providers could fund next-generation 911 services, saying that the approach could also have its drawbacks.

  • April 13, 2017

    FTC, Qualcomm Clash On Discovery In Patent Antitrust Suit

    The Federal Trade Commission and Qualcomm Inc. on Wednesday laid out their differences over forthcoming discovery processes in the agency’s antitrust suit accusing the chipmaker of unfair patent licensing practices, with the FTC urging quicker proceedings and Qualcomm looking to slow them down. 

  • April 13, 2017

    Avaya Exec Says Bonus Plan Has Incentivized Performance

    Bankrupt telecom giant Avaya doubled down Wednesday on its bid to pay $3.7 million in bonuses to six top executives, with the company’s chief restructuring officer telling the New York bankruptcy court that reaching the target revenue numbers for the bonuses has been a genuine challenge.

  • April 13, 2017

    Nimble Storage Investor Demands Records Of $1B HP Deal

    A Nimble Storage shareholder on Wednesday asked the Delaware Chancery Court to open the company’s books to him so he can investigate if Nimble financial adviser Goldman Sachs & Co.’s relationship with Hewlett Packard Enterprise Co. affected the pending $1 billion HPE-Nimble merger.

  • April 13, 2017

    FaceTime IP Suit Against Apple Could Go To ‘Shoot-Out’

    U.S. District Judge William Alsup on Thursday proposed another patent “shoot-out” in a California federal suit alleging that Apple Inc.’s FaceTime infringes on cellphone video call patents, saying he may make each side argue a single, illustrative claim to determine whether he should toss the whole case.

  • April 13, 2017

    Fed. Circ. Won't Make Alice-Related Ruling Precedential

    The Federal Circuit on Wednesday declined to repost as precedential an opinion that held two Trading Technologies International Inc. electronic trading patents are valid under Alice, rejecting an app developer’s argument that the ruling added significantly to the body of patent eligibility.

  • April 13, 2017

    4 Companies Price IPOs Totaling $668M To Cap Busy Week

    Four companies made their public debut on Thursday, capping a holiday-shortened week, including the first banking initial public offering of the year, a technology startup, a life sciences startup and a private equity-backed coal producer, raising a total of $667.8 million.

  • April 13, 2017

    New ICC Report Analyzes IT In Arbitration, Offers Guide

    Updating an issue it last addressed in 2004, the International Chamber of Commerce published a new report Wednesday that analyzes the use of information technology in arbitration, finding that benefits generally outweigh the risk but ideal use in individual cases varies.

  • April 13, 2017

    China's Baidu Nabs XPerception In Bid To Bolster AI

    Baidu Inc. unveiled plans Thursday to snap up U.S.-based technology startup xPerception as the Chinese-language internet search provider looks to bolster its position in artificial intelligence in spite of recent regulatory challenges for Chinese buyers in the U.S.

  • April 13, 2017

    Gilstrap Keeps Raytheon Supercomputer Patent Claims Alive

    Cray Inc. lost out on a bid to dismiss supercomputer patent infringement allegations from Raytheon Inc. Wednesday, as Eastern District of Texas Judge Rodney J. Gilstrap ruled Raytheon had provided enough to support allegations that Cray computers sold to the University of Texas infringed its patents.

  • April 13, 2017

    'NBA 2K' Gamers Ask 2nd Circ. To Revive Face Scan Suit

    Players of the popular NBA 2K video game series have urged the Second Circuit to revive their proposed class action lawsuit against the game maker’s alleged collection and retention of gamers’ facial scans, saying the unauthorized actions are clear violations of Illinois privacy laws.

  • April 13, 2017

    Senator Backs FCC's Pai In Keeping Mobile Call Ban In Planes

    A Republican senator is throwing his support behind Federal Communications Commission Chairman Ajit Pai’s announcement that he will recommend keeping intact a ban on cellphone calls on airplanes, sidestepping the former agency head’s proposal to eliminate the ban.

  • April 12, 2017

    Battery Antitrust MDL Purchasers Denied Class Cert. For Now

    A California federal judge on Wednesday denied class certification to the purchasers of lithium-ion battery cells who allege price-fixing by electronics manufacturers, but allowed them to amend motions to include more robust expert testimony in support of their certification requests.

  • April 12, 2017

    FCC Urged To Consult Tribes On Wireless Infrastructure

    A northern Idaho tribe demanded Tuesday that the Federal Communications Commission seek authorization before erecting broadband towers on sovereign Native American lands, raising concerns about the agency’s proposed plan to build the next generation of wireless infrastructure.

  • April 12, 2017

    Roku, TiVo Partner In Licensing Deal For Patent Trove

    Media-streaming service Roku announced a multiyear intellectual property licensing deal Wednesday with TiVo that will grant it access to thousands of TiVo patents and company metadata.

Expert Analysis

  • Inside USPTO's Business Method Eligibility Examples


    In a trio of subject matter eligibility examples quietly published in mid-December, the U.S. Patent and Trademark Office appears to be taking the position that in order for a claim related to a financial or business transaction to be eligible, that claim should recite technical content in detail and not just at a high level, says Michael Borella of McDonnell Boehnen Hulbert & Berghoff LLP.

  • The QER On Demand Response And Efficiency

    Marvin Griff

    The most recent installment of the U.S. Department of Energy’s Quadrennial Energy Review reflects the belief that demand response and energy efficiency are a significant part of grid modernization. While questions exist as to whether the new administration will continue to support innovation in these areas, they will continue to be important drivers of cost savings in energy delivery, say attorneys from Husch Blackwell LLP.

  • The Hidden Risk Of Open Source Software: The Law

    Jeff Luszcz_Palamida.jpg

    Software companies and their law firms are often unaware of the open source components in their software and their corresponding compliance status. Legal teams are sometimes under the mistaken understanding that developers are aware of open source library requirements, while development is under immense time pressure to get products out of the door, says Jeff Luszcz of Flexera Software LLC.

  • 'Exceptional' Lessons From Iris Connex V. Dell

    Jay F. Utley

    Much of the same conduct that rendered Iris Connex v. Dell exceptional was found to also render it sanctionable. The thoroughly written decision from the Eastern District of Texas is especially instructive given the district’s historically rare findings of exceptionability and sanctionable conduct, say Jay Utley and Yoon Chae of Baker McKenzie LLP.

  • Data Analytics Now Cost-Effective For Smaller Firms

    Chris Paskach

    A recent survey found that nearly two-thirds of Am Law 200 firms are now using data analytics, compared to only about a tenth of regional and boutique firms. Yet the exploding market for data analytics technology in business is making these productivity tools available for any size matter or firm, say Christopher Paskach of The Claro Group and Douglas Johnston Jr. of Five Management LLC.

  • Don’t Underestimate The Value Of An Internal Audit

    Justin Gwin

    Most legal and business leaders know that internal culture — including tone, operating style, standard of behavior and shared values that guide employee decisions — can make or break a firm. An internal audit can assess a firm's culture and identify potential issues within the organization, says Justin Gwin of Kaufman Rossin PA.

  • Potential Post-Pokemon Legal Issues For Augmented Reality

    Pramitha Krishnamurthyprakash

    Evolving from a simple, location-based augmented reality game into a cultural phenomenon, "Pokemon Go" was the biggest gaming craze of 2016. As a result of the game's popularity and the legal concerns that surround it, augmented reality will demand more attention from policymakers, courts and regulators, says Pramitha Krishnamurthyprakash of CPA Global.

  • Defining 'Fair' Licensing: Where We Stand On FRAND

    Charles. L. “Chip” Babcock

    One of the hottest terms in tech right now is “internet of things.” And fair, reasonable and nondiscriminatory licensing provides access to that connectivity. The FRAND system is based on mutual trust and shared commercial interests among the world’s most innovative companies. Where it gets complicated is that there is no consensus on what FRAND should mean and whether it can be defined in more detail, says Charles Babcock of Jackson Walker LLP.

  • New Business Opportunities In Shared Workspaces

    Philippe Houdard

    For decades, law firms have taken on considerable expense to acquire or rent opulent office space, often with the intention of signaling seriousness and reliability to their clients. But more recently, solo practitioners and established firms alike have started breaking tradition, says Philippe Houdard, co-founder of Pipeline Workspaces.

  • Avoiding FTC's Cross-Device Tracking Crosshairs

    Julie O’Neill

    While the Federal Trade Commission’s recent report on cross-device tracking does not introduce any materially new suggestions for compliance beyond existing industry self-regulatory efforts, it draws attention to the importance of compliance with those efforts and the potential risks of enforcement for failing to clearly and accurately describe cross-device tracking practices, say Julie O’Neill and Adam Fleisher of Morrison & Foerster LLP.