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Technology
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June 13, 2024
Jury Finds Infringement In Chart Copyright Case
A Washington federal jury on Thursday found that a software company infringed copyright registrations for a teaching chart, awarding leadership consulting company Enterprise Management Ltd. $8,000 but finding that the infringement was not willful.
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June 13, 2024
Apple Wants Discovery Hearing Closed In IPhone Class Action
Apple is asking a California federal judge to close the courtroom during an upcoming discovery hearing in the ongoing antitrust class action it's facing from consumers, arguing that the proceeding is likely to reveal consumer data and billing information that should be kept out of public view.
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June 13, 2024
Feds Get $4.6M In Deal Over Telehealth Billing Fraud Probe
A multi-state network of behavioral health companies and their CEO have agreed to pay nearly $4.6 million to settle allegations that they submitted fraudulent claims for payment to Medicare and Connecticut's Medicaid program for telehealth services for nursing home residents, federal investigators said Thursday.
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June 13, 2024
Cloud Software Co. Brass Hid Revenue Woes, Suit Says
Insiders of software company Fastly Inc. were hit with a shareholder derivative suit alleging they overstated the company's revenue capabilities following a period of unsustainable customer growth.
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June 13, 2024
Cannabis Cos. Make Deal Ahead Of Expected DEA Downgrade
An attorney and cannabis entrepreneur is betting that the federal government will reschedule marijuana before winter, announcing his equipment manufacturing firm will ally with a Native American-owned cannabis oil processing company to build out a pharmaceutical cannabis extraction facility.
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June 13, 2024
Legal Aid Org Wants DHS Records On Asylum Data Leak
A legal services provider sued the U.S. Department of Homeland Security in California federal court, looking to force the agency to hand over records on its accidental disclosure of the personally identifiable information of more than 6,200 asylum seekers.
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June 13, 2024
GOP Lawmakers Want China Patent Data Amid Tech Pact Talks
Republican lawmakers are urging the U.S. Commerce Department to provide a full accounting of whether the U.S. government has funded research that resulted in Chinese patents, arguing they need the data to assess potential national security risks as the Biden administration negotiates a new science and technology agreement with China.
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June 13, 2024
Tesla Shareholders Approve Musk's Compensation Package
Tesla's shareholders voted to approve a multibillion-dollar compensation plan for CEO Elon Musk, the company's top lawyer announced Thursday during a meeting in which investors also approved moving the company's incorporation from Delaware to Texas.
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June 13, 2024
House Re-Ups Bill Targeting Counterfeit Online Goods
Federal lawmakers should approve a proposal to tackle the explosion of counterfeit goods sold online that are harmful to the safety of consumers, according to the leader of the U.S. House of Representatives' subcommittee that centers on intellectual property issues.
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June 13, 2024
Fintech Remitly Hires Ex-Google Compliance Chief
Remitly has hired Google's former chief compliance officer to run global compliance and enterprise risk programs at the remittance service, bringing his experience that includes risk leadership positions at TD Ameritrade, Vanguard and Goldman Sachs.
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June 13, 2024
Data Center Developer Secures Upsized $9.2B Investment
Hyperscale data center campus company Vantage Data Centers said it has secured a $9.2 billion equity investment from DigitalBridge Group Inc. and Silver Lake, which is nearly $3 billion more than anticipated when the investment was first announced back in January.
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June 13, 2024
Verizon Opposes AT&T's FirstNet As 4.9 GHz Band Manager
Verizon is done letting proxies speak for it in the war of words over a plan to make AT&T's FirstNet the national manager of the 4.9 gigahertz public safety band, telling the Federal Communications Commission in a new filing that the idea would disrupt the public safety spectrum marketplace.
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June 13, 2024
IBM Resets Antitrust Review Clock For $6.4B HashiCorp Buy
IBM has refiled the notice of its proposed $6.4 billion purchase of HashiCorp to the U.S. Department of Justice and the Federal Trade Commission, resetting the 30-day review clock for enforcers to review the deal, according to a HashiCorp proxy statement filed Thursday.
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June 13, 2024
Meta Facing Complaint Over Plans To Train AI With User Data
A Norwegian consumer protection group has hit Meta with a legal challenge over its plans to deploy its users' data — including images and posts — to train artificial intelligence models.
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June 13, 2024
How 3 Firms Cleared 2 Ex-Autonomy Execs In HP Fraud Case
A California federal jury's rejection last week of fraud charges against the founder and former finance vice president of British software company Autonomy validated an approach by the defendants' three law firms — Steptoe, Clifford Chance and Bird Marella — to form a "seamless" collaboration throughout the trial, from jury selection to closing arguments.
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June 13, 2024
JP Morgan Closes Debut Life Sciences Fund At Over $500M
J.P. Morgan Private Capital on Thursday announced that it clinched its inaugural life sciences private capital offering with more than $500 million in tow.
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June 13, 2024
FTC Urged To Get Moving On Stalled Privacy Rulemaking
Nearly three dozen consumer advocacy groups are calling on the Federal Trade Commission to stop dragging its feet on efforts announced almost two years ago to craft sweeping data privacy and security rules, arguing that time is running out for the agency to clamp down on companies' "historic" drive to amass personal information and track consumers online.
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June 12, 2024
Hytera Tried 'End Run' Around Court's Power, Motorola Says
Hytera Communications should not be able to get around an antisuit injunction that forced it to end Chinese litigation addressing mobile radio trade secrets, Motorola Solutions told the Seventh Circuit on Tuesday, arguing that Hytera must be stopped from doing an "end run" around the American case against it.
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June 12, 2024
Microsoft Faces EDTX Patent Suit Over AI Supercomputer
Microsoft has been hit with a patent infringement lawsuit in the Eastern District of Texas over its artificial intelligence supercomputer by a business led by a German lawyer who once ran the patent licensing outfit IPCom.
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June 12, 2024
FTC Tells DC Circ. It Can Modify $5B Meta Privacy Deal
The Federal Trade Commission told the D.C. Circuit on Wednesday that it has the authority to reopen its in-house proceedings in order to revise a $5 billion privacy settlement with Meta Platforms, saying the courts do not have oversight of the agency's administrative order.
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June 12, 2024
Fed. Circ. Affirms PTAB Ax Of Slide-To-Unlock Patent
The Federal Circuit has quickly disposed of an appeal over an administrative board ruling that wiped out language in a patent asserted in a small Swedish smartphone company's litigation against Apple and Samsung over claims its founder was the first to develop a "slide to unlock" feature.
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June 12, 2024
School Says Declaration Bares Quinn Emanuel Lies In IP Feud
Columbia University has told the Federal Circuit that a declaration from a former Norton Lifelock Inc. computer scientist shows that the company's former lawyers at Quinn Emanuel Urquhart & Sullivan LLP are lying about his refusal to testify in the school's decade-long $600 million patent case in Virginia federal court.
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June 12, 2024
Samsung Competitor Can't Get Quick Win On Laches Claim
Mojo Mobility couldn't convince a Texas federal magistrate judge to recommend it get partial summary judgment in its suit accusing Samsung of infringing wireless charging patents, rejecting Mojo's attempt to stake the decision on part of the patent prosecution process.
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June 12, 2024
Apple Gets PTAB To Cut Some Voice Recognition IP Claims
The Patent Trial and Appeal Board has invalidated the vast majority of claims in a series of Zentian Ltd. patents related to voice recognition technology but upheld some claims in challenges from Apple and Amazon.
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June 12, 2024
FTC's Amazon Prime Trial Moved To June 2025 Amid Doc Fight
A Washington federal judge agreed Wednesday to push back to June 2025 a high-stakes bench trial over the Federal Trade Commission's claims Amazon.com Inc. tricks consumers into enrolling in its Prime service, delaying the trial by months after the FTC accused Amazon of delaying discovery production.
Expert Analysis
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The State Of Play In DEI And ESG 1 Year After Harvard Ruling
Almost a year after the U.S. Supreme Court decided Students for Fair Admissions v. Harvard, attorney general scrutiny of environmental, social and governance-related efforts indicates a potential path for corporate diversity, equity and inclusion initiatives to be targeted, say attorneys at Crowell & Moring.
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Compliance Considerations For New Data Protection Law
Sam Castic at Hintze Law discusses how to determine if your organization is covered by the newly enacted Protecting Americans' Data from Foreign Adversaries Act, the scope of the law's restrictions, and how to go about compliance as its June 23 effective date approaches.
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Proposed Semiconductor Buy Ban May Rattle Supply Chains
The Federal Acquisition Regulatory Council's recent proposed rulemaking clarifies plans to ban government purchases of semiconductors from certain Chinese companies, creating uncertainty around how contractors will be able to adjust supply chains that are already burdened and contracted to capacity, say attorneys at Morgan Lewis.
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Patent Lessons From 4 Federal Circuit Reversals In April
Four Federal Circuit decisions in April that reversed or vacated underlying rulings provide a number of takeaways, including that obviousness analysis requires a flexible approach, that an invalidity issue of an expired patent can be moot, and more, say Denise De Mory and Li Guo at Bunsow De Mory.
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Tips For Companies Tapping Into Commercial Cleantech
A recent report from the European Patent Office and European Investment Bank examining the global financing and commercialization of cleantech innovation necessary for the green energy transition can help companies understand and solve the issues in developing and implementing the full potential of cleantech, says Eleanor Maciver at Mewburn Ellis.
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Opinion
USPTO's Proposed Disclaimer Rule Would Harm Inventors
The U.S. Patent and Trademark Office’s recently proposed rule on terminal disclaimers will make the patent system less available to inventors and will unfairly favor defendants in litigation, say Stephen Schreiner at Carmichael IP and Sarah Tsou at Omni Bridgeway.
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Series
Being An EMT Makes Me A Better Lawyer
While some of my experiences as an emergency medical technician have been unusually painful and searing, the skills I’ve learned — such as triage, empathy and preparedness — are just as useful in my work as a restructuring lawyer, says Marshall Huebner at Davis Polk.
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Can Chatbot Interactions Lead To Enforceable Contracts?
The recent ruling in Moffatt v. Air Canada that found the airline liable for the representations of its chatbot underscores the question of whether generative artificial intelligence chatbots making and accepting offers can result in creation of binding agreements, say attorneys at McDermott.
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Corporate Insurance Considerations For Trafficking Claims
With the surge in litigation over liability under the Trafficking Victims Protection Reauthorization Act, corporate risk managers and in-house counsel need to ensure that appropriate insurance coverage is in place to provide for defense and indemnity against this liability, says Micah Skidmore at Haynes Boone.
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Reducing Patent Litigation Costs Starts With Early Strategy
With the average cost ranging from $1 million to $4 million, defending a patent case can create a serious strain on resources, particularly for midsize or smaller companies, so certain cost-cutting steps should be considered at the outset — even if some seem counterintuitive, say Jeffrey Ahdoot and Wendy Verlander at Verlander.
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The Opportunities, Risks And Rewards Of AI Acquisitions
As artificial intelligence acquisitions become an increasing area of focus for investors and technology buyers, entities should pay special attention to target identification, due diligence and more when structuring and executing a transaction with a company that has an AI-centric business model, say attorneys at Foley & Lardner.
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Legal Issues To Watch As Deepfake Voices Proliferate
With increasingly sophisticated and accessible voice-cloning technology raising social, ethical and legal questions, particularly in the entertainment industry and politics, further legislative intervention and court proceedings seem very likely, say Shruti Chopra and Paul Joseph at Linklaters.
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AI And Trade Controls: A Guide To Expanding Restrictions
With restrictions on trade related to commodities, software and technology integral to high-performing artificial intelligence capabilities expected to expand — particularly between the U.S. and China — companies must carefully consider the export classification of the items they design, produce or procure, say attorneys at Hogan Lovells.
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4 Takeaways From Biden's Crypto Mining Divestment Order
A May 13 executive order prohibiting the acquisition of real estate by a foreign investor on national security grounds — an enforcement first — shows the importance of understanding how the Committee on Foreign Investment in the United States might profile cross-border transactions, even those that are non-notified, say attorneys at Kirkland.
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Car Apps, Abuse Survivor Safety And The FCC: Key Questions
A recent request for comment from the Federal Communications Commission, concerning how to protect the privacy of domestic violence survivors who use connected car services, raises key questions, including whether the FCC has the legal authority to limit access to a vehicle's connected features to survivors only, say attorneys at Davis Wright.