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  • September 7, 2018

    Versata, Not Ford, Owns Trade Secrets In IP Row, Judge Says

    A Michigan federal judge on Friday found as a matter of law that Versata Software Inc. does own trade secrets embedded in automotive software Ford Motor Company was licensed to use, but stopped short of finding without a trial whether Ford outright stole those secrets out from under the software maker.

  • September 7, 2018

    Brazil Commish Says US Could've Helped AT&T Deal Review

    A commissioner with Brazil's competition authority said Friday that more cooperation from the U.S. Department of Justice during the review of AT&T Inc.'s $85.4 billion acquisition of Time Warner Inc. could have helped his agency push for stronger market protections.

  • September 7, 2018

    Failure To Name Parent Co. Sinks Sirius PTAB Challenges

    The Patent Trial and Appeal Board on Thursday rejected Sirius XM Radio Inc.’s challenges to three satellite signal patents the broadcaster has been accused of infringing, faulting Sirius for not naming its parent company as a party interested in the proceedings.

  • September 7, 2018

    Fed. Circ. Won't Rehear Foreign IP Venue Ruling In HTC Case

    The full Federal Circuit on Thursday said it would not reconsider a May ruling against HTC Corp. that refused to limit where foreign companies can be sued for patent infringement.

  • September 7, 2018

    As Biz Opposes China Tariffs, Trump Says More On The Way

    With companies across a litany of sectors fiercely pushing back against the White House’s looming tariffs on $200 billion worth of Chinese goods, President Donald Trump said Friday that he has a new wave of duties in the wings that would cover an additional $267 billion.

  • September 7, 2018

    Cambridge Analytica Counsel Must Find Sub: Facebook Users

    Facebook users leading litigation over Cambridge Analytica’s data collection scandal told a New York bankruptcy judge Thursday that Schulte Roth & Zabel LLP shouldn't be given permission to stop representing the political consulting shop until the firm finds a replacement in order to protect the interests of everyone involved.

  • September 7, 2018

    MoFo Steers Sonatype In $80M TPG-Led Investment

    Privately held Sonatype, advised by Morrison & Foerster LLP, on Friday said it nabbed $80 million in a TPG Capital-led minority investment that also included current investors California-based venture capital firms Accel and Hummer Winblad Venture Partners, as well as Goldman Sachs Group.

  • September 7, 2018

    Mass. 3D Printing Co. Says Rival's Suit A Sham To Drain Cash

    An ongoing feud between a pair of Massachusetts 3D printing companies took another turn Friday when one company accused the other of filing a sham intellectual property suit in federal court with the sole intention of driving its competitor out of business, pointing to recently unearthed text messages as proof.

  • September 7, 2018

    Software Co. Settles Auto Dealer Data Breach Claims In NJ

    A data management company has agreed to implement cybersecurity measures as part of a settlement to resolve an investigation by New Jersey authorities into a data breach that exposed the personal information of car dealership customers across the country, including Garden State residents, the state attorney general's office announced Friday.

  • September 7, 2018

    China Tech Tariffs Threaten US Internet Edge, Group Says

    The Trump administration’s proposed tariffs on $200 billion worth of Chinese goods will raise the costs of building data centers and providing cloud services in the U.S., hurting America’s chances of becoming a world leader in the internet of things, according to a software industry group.

  • September 7, 2018

    Brazil's New GDPR-Inspired Law Could Spur EU Data Deal

    Brazil's first-ever national privacy regime could set up South America's biggest economy to work out a lucrative data-sharing pact with the European Union, despite a presidential veto that axed the agency intended to enforce it, attorneys say.

  • September 7, 2018

    Deals Rumor Mill: Corpfin Capital, HNA Group, Delta

    Corpfin Capital closed its latest buyout fund at €275 million ($318 million), HNA Group is planning on selling all of its stake in Deutsche Bank AG, and Delta Air Lines is looking to woo a buyer for Monroe Energy’s gas and diesel business by offering up a stake in the oil refiner.

  • September 7, 2018

    Netflix, Hulu Move Missouri Towns' Suit To Federal Court

    Netflix and Hulu moved an amended lawsuit brought by dozens of Missouri municipalities against the streaming companies to Missouri federal court, saying that the class size is too big, the amount of money in question exceeds $5 million and the companies belong to different states.

  • September 7, 2018

    2 Blank-Check IPOs Raise $975M To Pursue Acquisitions

    Churchill Capital Corp. priced an upsized $600 million initial public offering on Thursday to help fund a potential acquisition of a data or analytics business, topping another blank-check company that priced its own $375 million IPO this week, bringing the combined total of the deals to $975 million.

  • September 7, 2018

    USTelecom Asks FCC To Nix Outdated Network Sharing Rules

    USTelecom told the Federal Communications Commission that so-called unbundling mandates that require legacy wireline companies to share their networks with competitors at capped rates are no longer necessary and are out of date given the decline of incumbent local exchange carriers and rise of alternatives to landline voice service.

  • September 6, 2018

    Fitbit Wary Of Tech Before Stock Sale, Chancery Class Says

    Documents obtained from personal fitness monitor maker Fitbit Inc. reveal “a level of paranoia” about problems with its leading products ahead of an initial stock offering in 2015, but no early, smoking gun proof of insider trading, a class lawsuit attorney told a Delaware vice chancellor Thursday.

  • September 6, 2018

    State AGs At Odds Over Google Privacy Pact At High Court

    Attorneys general from California, Massachusetts, Illinois, New York and several other states urged the U.S. Supreme Court to uphold an $8.5 million privacy settlement requiring Google to pay millions to third parties and nothing to class members, going against 19 fellow state attorneys general who in July stumped for the opposite result.

  • September 6, 2018

    Fed. Circ. Backs Mastercard PTAB Win On Payment Patent

    The Federal Circuit on Thursday left intact a second Patent Trial and Appeal Board invalidation of an inventor’s payment patents as anticipated by prior art, following arguments by Mastercard that the PTAB carefully considered the court's remand instructions after vacating the first invalidation.

  • September 6, 2018

    Full Fed. Circ. Urged To Rehear Network IP Suit Against Yahoo

    TS Patents LLC has asked the full Federal Circuit to revive its patent infringement suit over computer network capabilities against Yahoo Inc., arguing the panel should not have upheld the lower court’s dismissal because Federal Circuit precedent limits judges’ ability to nix certain patents at the pleading stage.

  • September 6, 2018

    Ex-Tech Exec, 2 Brothers Plead Guilty To Insider Trading

    Two Indiana brothers admitted in Indiana federal court Thursday to unlawfully realizing hundreds of thousands of dollars in profits by participating in a 2014 scheme to trade in options ahead of software engineering company SAP SE’s purchase of Concur Technologies for $8.3 billion, according to U.S. Department of Justice officials.

Expert Analysis

  • 1st Circ.'s Uber Ruling Imposes Burdens On App Design

    Geoffrey Wyatt

    Courts have generally recognized that online contracts can be enforced like any other agreements, but a June decision from the First Circuit invalidates an arbitration clause in an electronic contract simply because the link provided was in the wrong font and color. This decision fundamentally misunderstands the nature of internet commerce, say attorneys with Skadden Arps Slate Meagher & Flom LLP.

  • 6 Trends Will Shape Future International Commercial Disputes

    Cedric Chao

    The world of international litigation and arbitration tends to move slowly — however, I expect the pace of change to accelerate in the coming decade as six trends take hold, says Cedric Chao, U.S. head of DLA Piper's international arbitration practice.

  • SAP Ruling's Curious Approach To Subject Matter Eligibility

    Jeffrey Mann

    While the Federal Circuit's conclusion in SAP v. InvestPic meshes nicely with years of Section 101 jurisprudence, the decision awkwardly invoked an antiquated rationale, say Jeffrey Mann and J. Colby Van Horn of Stroock & Stroock & Lavan LLP.

  • The Future Of Authenticating Audio And Video Evidence

    Jonathan Mraunac

    The recent emergence of artificial intelligence-based technology has prompted serious concerns about the future integrity of recordings. Attorneys must think critically about standards for authenticating audio and video evidence as well as legislative and regulatory safeguards to discourage pervasive manipulation and forgery, says Jonathan Mraunac of Ogletree Deakins Nash Smoak & Stewart PC.

  • Protecting Client Reputations In An Online World

    Jim Wagstaffe

    There’s no doubt we live in a world in which the internet has the potential to amplify defamatory communications. As a result, lawyers are increasingly playing a counseling and litigation role in protecting clients from the posting of negative information and reviews, says Jim Wagstaffe of The Wagstaffe Group.

  • New Risks For US Cos. Inadvertently Supporting North Korea

    Ellen Murphy

    Following a U.S. State Department advisory this week, companies conducting business abroad — particularly in the technology, medical and life sciences industries — should watch out for several areas of heightened risk that may have a nexus to North Korea, say attorneys with Orrick Herrington & Sutcliffe LLP.

  • The Emperor Of Alice’s Abstract Wonderland

    Andrew Michaels

    Stepping through Alice’s two-part test for determining whether a patent impermissibly claims an abstract idea often feels like falling down a rabbit hole. In his dissent last week in Interval Licensing v. AOL, Federal Circuit Judge S. Jay Plager proposed two solutions. I support one but am skeptical of the other, says Andrew Michaels, a professor at the University of Houston Law Center.

  • Are Blockchain Utility Tokens Securities?

    Douglas Pepe

    Many of the most important and promising blockchain projects involve crypto assets and tokens that are designed for — and have — a real use, separate and apart from their prospects as speculative investments. These cases do not fit neatly into a Howey analysis. They are the square pegs facing a regulatory round hole, says Douglas Pepe of Joseph Hage Aaronson LLC. 

  • Opinion

    Law360's Global 20 Doesn't Acknowledge Global Networks

    Glenn Cunningham

    While I read with interest Law360's report analyzing the top 20 global law firms of 2018, I also noticed it doesn't tell the whole story. Global networks of independent law firms compare favorably with multinational firms in terms of geographic coverage, legal expertise, and awareness of local cultures and customs, says Glenn Cunningham of Interlaw Ltd.

  • Carpenter And The High Court's Shift On 4th Amendment

    Sarah Hall

    The U.S. Supreme Court's decision last month in Carpenter is a clear departure from other Fourth Amendment precedent involving information possessed by third parties and individuals’ activities that occur in public. It questions the very premises on which those precedents were based in light of modern technologies, say Sarah Hall and Brian Lanciault of Thompson Hine LLP.