• April 18, 2017

    Fed. Circ. Backs PTAB Nix Of Intellectual Ventures Patent

    The Federal Circuit on Tuesday upheld a Patent Trial and Appeal Board decision invalidating part of an Intellectual Ventures Management LLC wireless patent challenged by Ericsson Inc., rejecting the patent licensing company’s argument that the board’s approach to finding the claims obvious was improper.

  • April 18, 2017

    FCC Pressed On Plan To Protect Privacy Absent Rules

    The Federal Communications Commission must clarify whether and how it plans to take action against broadband providers to protect consumer privacy without rules that were recently axed, advocates have told the agency, warning that the FCC chairman has created confusion about his enforcement plans.

  • April 18, 2017

    Judge Koh Tosses 2 More Twilio Patents Under Alice

    U.S. District Judge Lucy H. Koh unraveled two more of Twilio’s patents related to combating telephone fraud, ruling in a California federal court Monday that the asserted claims were abstract under Alice because they describe activities long performed by humans.

  • April 18, 2017

    FCC Greenlights Time Warner $70M Atlanta TV Station Sale

    The Federal Communications Commission has given its seal of approval to Time Warner Inc.’s $70 million sale of an Atlanta broadcast station to Meredith Corp. while the media giant continues its push to complete an $85.4 billion sale to AT&T Inc.

  • April 18, 2017

    FCC Final Rule Allows Channel-Sharing Outside Of Auction

    The Federal Communications Commission on Tuesday issued a final rule allowing full-power and Class A stations with auction-related channel-sharing agreements to become sharees outside of the incentive auction context so that they can continue to operate if their auction-related agreements come to an end.

  • April 18, 2017

    Qualcomm Says It Made Efforts To Comply With FCPA

    Telecommunications giant Qualcomm Inc. told a Delaware state court judge Tuesday that its Foreign Corrupt Practices Act compliance program, while ultimately insufficient, was executed in a good faith effort to prevent violations of the act.

  • April 17, 2017

    Co. Didn't Commit Fraud When Clicking Rival's Ads: Judge

    Satellite phone company Whenever Communications LLC did not engage in fraud by intentionally seeking out the internet ads of competitor Satmodo LLC and clicking on them to run through the rival's daily allotment, a California federal judge ruled Friday. 

  • April 17, 2017

    Judge Oversimplified Caller ID Patent, Fed. Circ. Told

    Greenflight Venture Corp. has urged the Federal Circuit to revive its patent for reverse telephone number lookup technology, saying a lower court oversimplified the nature of the invention in an “unprecedented” decision that found the patent was directed only to an abstract idea.

  • April 17, 2017

    Windstream Investor Class Takes Hold In REIT Damages Case

    Stockholders who branded as inadequate Windstream Holdings Inc.’s disclosures about a 2015 real estate investment trust spinoff won class certification Monday in Delaware’s Chancery Court, in a decision that also extended class status to holders of eligible stock even after transfers or reassignment.

  • April 17, 2017

    Judge Boots Windstream's Copyright Case Against BMG

    Siding with music publisher BMG Rights Management, a Manhattan federal judge ruled Monday that internet service provider Windstream couldn’t file a preemptive lawsuit aimed at proving it was shielded from copyright liability by federal safe harbors.

  • April 17, 2017

    Fired Employee Hits Verizon With $2.6M Age Bias Suit

    A former Verizon Communications Inc employee on Monday accused the company of violating state and federal age discrimination laws, claiming that he had a track record of strong performance and that a younger worker would have been given more leeway before being terminated. 

  • April 17, 2017

    FTC’s McSweeny Blasts Congress’ Privacy Rollback

    A member of the Federal Trade Commission said Monday that Congress' recent rollback of privacy protections left "no cop on the beat" protecting Americans' privacy among broadband providers and called for congressional action to fix the gap.

  • April 17, 2017

    Consumer Groups Tell FCC To Rethink Biz Data Rules

    A range of public interest and consumer advocates have blasted a Federal Communications Commission plan for new regulation in the market for business data services, pressing the agency to reconsider rules premised on competition the record shows does not exist, according to a Friday filing.

  • April 17, 2017

    Fed. Circ. Ruling Could Cut Rembrandt's $16M IP Verdict

    Rembrandt Wireless Technologies LP may have improperly sidestepped a law that limits damages for infringement of unmarked products, the Federal Circuit said Monday as it sent that question back to a lower court to be retried, meaning Samsung could be on the hook for much less than the $15.7 million verdict originally entered against it for infringing two Bluetooth patents.

  • April 17, 2017

    Carriers Push FCC To Pave Way For New Infrastructure

    Mobile trade group CTIA-The Wireless Association has encouraged the Federal Communications Commission to move forward with removing barriers to placing new infrastructure, saying that streamlining the process will make way for next-generation networks.

  • April 17, 2017

    Rep. Urges FCC To Keep Limits On TV Station Ownership

    A Democratic congresswoman from California has urged the Federal Communications Commission not to make it easier for UHF station owners to gain market share, cautioning that a lack of media ownership diversity does not serve the public during a rise in "fake news."

  • April 17, 2017

    Class Hits Google With Suit Over 'Defective' Nexus Phones

    Google Inc. and Huawei Technologies USA Inc. were hit with a putative class action in Texas federal court Friday over an allegedly defective smartphone, the Nexus 6P, which the user claims suffers from premature battery drainage.

  • April 17, 2017

    Apple Settles Unwired Planet’s IP Suit On Eve Of Trial

    Unwired Planet LLC on Monday announced that it settled its patent infringement suit with Apple Inc., just as a California federal trial was set to begin, ending more than four years of litigation that Apple said was frivolous and Unwired said was worth an estimated $33 million.

  • April 17, 2017

    Cravath Guides Crown Castle’s $600M Wilcon Telecom Deal

    Wireless infrastructure provider Crown Castle International Corp. said Monday that it has agreed to purchase Wilcon Holdings LLC, a private equity-backed fiber services company, in a $600 million deal guided by Cravath Swaine & Moore LLP.

  • April 17, 2017

    Justices Won't Hear Appeal Of Alice Wins On Streaming IP

    The U.S. Supreme Court declined Monday to hear Affinity Labs’ appeal of a pair of Federal Circuit decisions that held two streaming media patents asserted against Amazon, DirecTV and major sports leagues are invalid for claiming only abstract ideas.

Expert Analysis

  • In Congress: Light Floor Schedule, Heavy On Committees

    Richard Hertling

    Republican leadership in the House and Senate will need to refocus their efforts this week, after a failed attempt to repeal and replace the Affordable Care Act. The lead-up to the canceled vote last week highlighted the divisions within the Republican conference, say Richard Hertling and Kaitlyn McClure of Covington & Burling LLP.

  • Google, NASA, Planes And A Stronger Legal Team

    Nicholas Cheolas

    Why did minor mechanical issues bring down two airplanes, while a catastrophic engine explosion did not bring down a third? The answers lie, in part, in research conducted by NASA in the wake of those crashes and, more recently, by Google. And those answers can help organizations build better teams to meet today’s legal industry challenges, says Nicholas Cheolas of Zelle LLP.

  • 10 Tips For Better Legal Negotiations

    Marc J. Siegel

    Like everything else, the art of negotiation starts by having a conversation. It’s about being respectful, finding common ground, knowing what you want and, most importantly, listening. A conversation between two lawyers can be complicated at best, but by employing a few techniques and tactics, it doesn’t have to be that way, says Marc Siegel of Siegel & Dolan Ltd.

  • Monthly Column

    Gray Matters: Decision Error

    Gray Matters

    Lawyers make hundreds of decisions during the course of advising a client, consummating a transaction or litigating a case. In this new column, dispute resolution experts Bob Creo and Selina Shultz explore the theory, science and practical aspects of how decisions are made in the legal community.

  • Applying 'Footprint' Methodology To Prism V. Sprint

    Aaron R. Fahrenkrog

    The Federal Circuit's decision in Prism v. Sprint this month illustrates an example of the "footprint" approach to patent damages, interesting because of its focus on costs — and not revenues — as a reasonable royalty measure, say attorneys with Robins Kaplan LLP.

  • Law Schools And Law Firms: Seeking Common Ground

    Randy Gordon

    What we don’t know is whether the teaching and practice of law are undergoing massive structural changes or we’re still digging out from the worst economic collapse since the Depression. But what we do know is that the missions of the most forward-looking law schools and law firms are converging in ways that were unimaginable 10 years ago, says Randy Gordon, a partner at Gardere Wynne Sewell LLP and executive professor of law at Te... (continued)

  • How EU Data Privacy Reform Will Impact US Telecom Cos.

    Linda V. Priebe

    It's no secret that a new European Union and European Economic Area data protection regulation will go into effect next year. What is not clearly understood is that U.S. communications companies without any EU/EEA customers of their own, may find themselves subject to the new general data protection regulation simply because their U.S. customers have customers in the EU/EEA, says Linda Priebe of Culhane Meadows PLLC.

  • Gorsuch's Originalism In The Age Of Bytes And Blockchains

    April Doss

    With U.S. Supreme Court confirmation hearings for Neil Gorsuch kicking off this week, it’s worth considering how his originalist philosophy might affect cases addressing individual privacy, government surveillance and private sector use of rapidly changing technologies. When people need practical solutions to legal questions at the intersection of modern technology, privacy and the law, originalism frequently fails, says April Doss... (continued)

  • Not From Around Here? Trying A Case As An Out-Of-Towner

    William Oxley

    The importance of authenticity is magnified when trying a case outside your home jurisdiction. While using references to local landmarks or history can help make arguments relatable, adopting local expressions or style in an attempt to ingratiate oneself with the judge and jury almost always backfires, say William Oxley and Meghan Rohling Kelly of Dechert LLP.

  • Where Cos. Are 'Found' In §1782 Discovery Applications

    Alexander Wentworth-Ping

    Two recent decisions in the Northern District of California shed light on what standard applies when determining whether a respondent corporation "resides or is found" in the district in which an application for discovery is made pursuant to 28 U.S.C. § 1782, say attorneys with Allen & Overy LLP.