Technology

  • February 20, 2018

    DOJ Will Form Cybersecurity Task Force

    In the wake of numerous high profile hacks, the U.S. Department of Justice announced Tuesday that it will form a Cyber-Digital Task Force aimed at combating a global cyber threat.

  • February 20, 2018

    DOD Focus On ‘Other Transactions’ Shows Big Year Ahead

    After many years of being ignored as a pathway for bringing commercial technology vendors aboard, Other Transaction Authority has gained traction thanks to recent statutory changes and a renewed focus from the U.S. Department of Defense, making 2018 potentially the biggest year yet for the DOD’s use of it.

  • February 20, 2018

    EU Tees Up New Measures To Tax The Digital Economy

    The European Union is preparing to unveil proposals aimed at taxing the digital economy, including measures targeting tech companies that don’t have a physical presence in member states where they provide services, an EU official announced Tuesday.

  • February 20, 2018

    Swarmify Can’t Point To Trade Secret, CloudFlare GC Says

    During the sealed portion of a hearing last week, the video streaming startup Swarmify “was unable to articulate a protectable trade secret” stolen by CloudFlare, the company’s general counsel told Law360 Tuesday, after a California federal judge said he could respond to Swarmify's public statements about the closed session.

  • February 20, 2018

    Fed. Circ. OKs Killing Money Transfer Patent Under Alice

    The Federal Circuit on Tuesday upheld U.S. District Judge Rodney Gilstrap’s decision to invalidate claims in four Integrated Technological Systems Inc. patents tied to money transfers in the newest of several high-profile decisions over how to interpret the U.S. Supreme Court’s Alice test.

  • February 20, 2018

    Comcast Seeks Speedy Review Of TiVo Patent Case

    Comcast Inc. has asked the Federal Circuit to follow an expedited schedule in its review of an International Trade Commission decision prohibiting the cable and broadband company from importing set-top cable boxes found to infringe a patent held by TiVo Corp.

  • February 20, 2018

    4 Cos. Restock IPO Pipeline With Filings Totaling $300M

    Four companies, spanning the life sciences, technology and banking industries, have filed initial public offerings that are preliminarily estimated to raise $300 million, adding new potential deals to an IPO pipeline that has thinned out in recent weeks.

  • February 20, 2018

    Fed. Circ. Backs Google’s PTAB Word-Recognition Patent Win

    The Federal Circuit on Tuesday upheld a Patent Trial and Appeal Board decision that a word-recognition patent challenged by Google is invalid as obvious, ruling that while one of the board’s two rulings on the patent was wrong, the other was correct.

  • February 20, 2018

    Has Rule 36 Peaked At The Federal Circuit?

    The number of patent cases the Federal Circuit ruled on without writing an opinion is in decline for the first time in recent years, amid criticism over the court’s use of these “silent decisions” and a plateau in its patent workload.

  • February 20, 2018

    ‘The Federal Circuit Has Strayed’: 2017 In Patent Dissents

    The Federal Circuit was in a mostly agreeable mood last year, with only 7 percent of decisions including a dissent or concurrence compared with 10 percent in 2016, but the judges still found plenty of ways to criticize their colleagues’ reasoning. Here are some of 2017’s most biting and noteworthy dissents.

  • February 20, 2018

    PTAB Won't Review FedEx's 2nd Challenge To Shipping Patent

    The Patent Trial and Appeal Board on Tuesday denied a petition from FedEx seeking review of a shipping and transit patent owned by Intellectual Ventures, saying that the package delivery giant’s arguments to institute a review on the patent, which it had challenged once before, were “unpersuasive.”

  • February 20, 2018

    Medical E-Records System Maker Counters Rival's $30M Suit

    Electronic medical records company ZenCharts LLC responded Friday to a $30 million suit by rival Kipu Systems, denying claims it ripped off Kipu's cloud-based records system and adding its own counterclaims that Kipu has interfered with its legitimate efforts to build a superior system.

  • February 20, 2018

    FTC Calls Out Web Hosting Services For Phishing Risks

    The Federal Trade Commission said Tuesday that a report by its staff found that some web hosting services targeting small businesses are not providing email authentication and anti-phishing technologies, meaning the companies could be aiding phishing attempts of their customers.

  • February 20, 2018

    DC Circ. Blasts ‘Charade’ In Dismissing Union F-1 Visa Row

    A D.C. Circuit judge repeatedly challenged a U.S. Department of Justice attorney Tuesday to explain why a technology union’s lawsuit contesting the expansion of a program that allows foreigners with F-1 student visas to work in the U.S. was too poorly pled to survive.

  • February 20, 2018

    GoPro Says Rival Forged Evidence, Wants Sanctions

    GoPro Inc. asked a California federal judge overseeing its trademark and copyright infringement suit against 360Heros Inc. to sanction the rival company, claiming it produced falsified documentation for remarks that didn't happen during a Skype discussion and then committed perjury about the forged evidence.

  • February 20, 2018

    Texas AI Co. Pockets $56.5M In Series B Funding Round

    Texas artificial intelligence company SparkCognition on Tuesday said its series B funding round, led by the corporate venture capital arm of Verizon Communications Inc., reaped $56.5 million by its official close, up from the $32.5 million the company initially announced it raised in June.

  • February 20, 2018

    Latham Wins $1.7M For Fees In Malicious Prosecution Case

    Latham & Watkins won nearly $1.7 million in attorneys' fees, costs and interest after being represented by McKool Smith Hennigan PC in a long-running malicious prosecution action that went all the way to the California Supreme Court, with the judge finding the fees reasonable and the five-year appellate process "highly unusual."

  • February 20, 2018

    Qualcomm Ups Offer For NXP To $44B, Frustrating Broadcom

    Qualcomm Inc. on Tuesday said a raised offer for NXP Semiconductors NV received the support of initially wary shareholders including Elliott Management Corp., but the $44 billion deal drew the ire of Broadcom Ltd. as the companies continue to fight for position in a monthslong takeover battle.

  • February 17, 2018

    The Firms That Dominated At The Federal Circuit In 2017

    These law firms handled some of the hottest issues in intellectual property last year, racking up wins and setting precedent in all corners of patent law.

  • February 17, 2018

    How The Federal Circuit’s Patent Docket Changed In 2017

    A hefty patent caseload has been the new normal for the Federal Circuit since America Invents Act proceedings first hit the court three years ago, but 2017 still saw some subtle changes. Here, Law360 looks at the latest trends in patent appeals.

Expert Analysis

  • A New California Standard On Expert Opinion Evidence

    Peter Choate

    A California appeals court's recent decision in Apple v. Superior Court explicitly holds that the Sargon standard applies when a party seeks to admit expert opinion evidence. Practitioners should seek to preserve this issue for appeal and urge the California Supreme Court to resolve it, say Peter Choate and William Dance of Tucker Ellis LLP.

  • Opinion

    Gig Economy Business Model Skirts Calif. Labor Laws

    Mike Arias

    California workers have spent over a century carving out the rights to have fair working conditions, an eight-hour work day and to be paid a living wage. The gig economy largely seeks to circumvent these well-established laws, says Mike Arias of Arias Sanguinetti Wang & Torrijos LLP.

  • Observations On Delaware Appraisal In A Post-Dell World

    John Hughes

    It is too early to assess the full reach that Dell will have on appraisal in Delaware. But the Delaware Chancery Court's ruling last week in Verition Partners v. Aruba Networks provides a first look, say John Hughes and Jack Jacobs of Sidley Austin LLP.

  • Autonomous Drones: Set To Fly, But May Not Comply

    Sara Baxenberg

    A California company has unveiled a fully autonomous "selfie" drone, which promises to stay trained on a moving subject, capturing footage while avoiding any obstacles. But a drone that flies itself may run afoul of a number of Federal Aviation Administration regulations, even if it has fancy obstacle detection and personal tracking, say Sara Baxenberg and Joshua Turner of Wiley Rein LLP.

  • A Look At US And EU Fintech Regulatory Frameworks

    Brian Christiansen

    The regulatory fragmentation on the federal level, and at the U.S. state and EU member state levels, presents challenges and uncertainty for many fintech companies. The resolution of these uncertainties will directly impact the evolution of this sector, say attorneys with Skadden Arps Slate Meagher & Flom LLP.

  • Delaware May Be The Right Jurisdiction For 'Smart' Orgs

    Matthew O’Toole

    As distributed ledgers and blockchains emerge as means for processing and recording corporate and commercial transactions, the Delaware LLC may become an attractive organizational form for next-generation "decentralized autonomous organizations," say attorneys with Potter Anderson Corroon LLP.

  • How Emerging Sources Of ESI Will Impact Discovery

    Charles McGee

    Late last year, the Sedona Conference released the third edition of its principles addressing electronic document production, updated to account for innovations like Snapchat and Twitter. It may be necessary for these principles to be updated more often in order to keep pace with technology, says Charles McGee III of Murphy & McGonigle LLP.

  • Put The Brakes On Acceleration Bay Litigation Funder Ruling

    David Gallagher

    Last week, the District of Delaware raised eyebrows by ruling that documents provided to a litigation funder and its counsel in connection with their due diligence are categorically not attorney work product. Acceleration Bay v. Activision Blizzard seems to be a case of bad facts making bad law, says David Gallagher, investment manager and legal counsel for Bentham IMF.

  • Worker Classification Questions Remain Post-GrubHub Win

    Art Lambert

    A California federal judge implied that her recent decision in Lawson v. GrubHub was a close call, which suggests there is a tipping point where a driver moves from the independent contractor classification to the employee classification. However, when exactly that happens is still up in the air, says Art Lambert of Fisher Phillips.

  • A Back-To-Basics Approach To Patent Damages Law

    Aaron Fahrenkrog

    The Federal Circuit's recent decision in Finjan demonstrates how creating patent-specific rules for damages creates uncertainty for future litigants. The patent community would benefit from the law of patent damages returning to fundamental tort and evidentiary principles, say attorneys with Robins Kaplan LLP.