A California federal judge has held that some functions of certain Apple iPhones and iPads infringe some claims of a touch screen patent owned by Smith Interface Technologies LLC, though he also ruled that the functions don't infringe other claims and that other disputes belong before a jury.
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WEDNESDAY, SEPTEMBER 9, 2026 Law360 iOS App Law360 Android App Follow Law360 on Facebook Follow Law360 on LinkedIn Follow Law360 on Twitter

TOP NEWS

Certain Apple Devices Infringe Touch Screen IP, Judge Says

By Hailey Konnath

A California federal judge has held that some functions of certain Apple iPhones and iPads infringe some claims of a touch screen patent owned by Smith Interface Technologies LLC, though he also ruled that the functions don't infringe other claims and that other disputes belong before a jury.

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Trial Is Quickest Path To IP Case's 'Finality,' Justices Told

By Hayley Fowler

A North Carolina software company told the U.S. Supreme Court Tuesday not to pause an upcoming trademark trial with its former Dutch partner over a licensing agreement that went south, saying the quickest way to a resolution of the long-running litigation is to finally bring it to a jury.

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Motorola Tells DC Circ. That Google Search Payments 'Vital'

By Bryan Koenig

Motorola on Friday backed Google with a D.C. Circuit amicus brief arguing the U.S. Department of Justice is wrong to call for a complete ban on Google paying cellphone-makers like Motorola to incorporate Google search into their devices.

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DOJ, Pinnacle Reach RealPage Rent-Fixing Settlement

By Isaac Monterose

The federal government wants to settle its antitrust claims against Cushman & Wakefield unit Pinnacle Property Management Services LLC, which was accused in North Carolina federal court of using property management software company RealPage Inc.'s revenue management technology to fix rental prices, according to the U.S. Department of Justice.

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Ex-Facebook Exec Must Arbitrate Memoir Publicity Fight

By Dorothy Atkins

A California federal judge ruled Friday that a former Facebook executive waited too long to challenge in court an interim arbitral award that bars her from promoting her "Careless People" whistleblower memoir, finding that she waived her court challenge by "thoroughly" participating in arbitration for over a year before suing.

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Apple Fights Masimo Bid To Add $243M To $634M Patent Win

By Ryan Davis

Apple has pressed a California federal judge to reject Masimo's request for nearly $243 million in interest atop a $634 million patent jury verdict on the Apple Watch's heart rate feature, saying the "staggering" damages are so large that adding more would be an "enormous windfall."

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Meta Accused Of Using Photos To Train AI Without Consent

By Adam Lidgett

Facebook and Instagram users hit Meta with a proposed class action accusing the company of harvesting biometric data from photos posted to its platforms without consent to develop its artificial intelligence and facial recognition technology.

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Seattle Times, Newsday Sue OpenAI Over Content Use

By Elliot Weld

The Seattle Times and Long Island-based newspaper Newsday sued OpenAI and Microsoft with claims of copyright infringement, adding to the long list of news organizations claiming their articles were used improperly to train large language models.

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POLICY & REGULATION

FCC Could Revamp Enviro Regs Over Broadband Deployment

By Christopher Cole

The Federal Communications Commission will consider slashing the number of permit reviews required for thousands of broadband deployment projects under the National Environmental Policy Act.

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Qwest Seeks To End Legacy Copper Service In NM Area

By Nadia Dreid

AT&T may be the biggest name trying to roll back its usage of legacy copper wires and the services that run on them, but it is far from the only one — CenturyLink has just asked the FCC for the green light to cut such services in part of New Mexico.

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Comcast, APCo At Odds Again Over Pole Replacement Rates

By Christopher Cole

Comcast has doubled down on its call for the Federal Communications Commission to direct Appalachian Power Co. to assume more of the cost for replacing damaged utility poles to allow for broadband gear attachments.

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Mass. Gov. Orders Community Deals For New AI Data Centers

By Chris Villani

Massachusetts Gov. Maura Healey on Tuesday signed an executive order blocking any new artificial intelligence data centers in the state unless they have the backing of their host communities.

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LITIGATION

Fed. Circ. Backs Atty Fees In 3D Motion Sensor Patent Case

By Adam Lidgett

The Federal Circuit on Tuesday turned down network testing company Viavi Solutions Inc.'s challenge to a lower court's decision ordering it to pay another company's attorney fees after Viavi unsuccessfully brought suit alleging patent infringement.

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FCC Data Breach Reg Can't End-Run Congress, 6th Circ. Told

By Nadia Dreid

Now that the Sixth Circuit has decided hold a full panel rehearing of its decision upholding the FCC's expanded data breach notification rules for telecommunications carriers, conservative legal groups are coming together to urge the appellate court to reject the Biden-era rule.

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Judge Lets NIH Override Stay Of Contract Performance

By Tom Lotshaw

A U.S. Court of Federal Claims judge ruled that a technology services provider for the National Institutes of Health cannot challenge the agency's decision to override a contract performance stay triggered by its bid protest when it was unable to perform a contract awarded to Dynanet Corp.

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Boeing Avoids Broad Financial Discovery In IP Suit

By Tom Lotshaw

A Washington federal judge has ordered The Boeing Co. to provide some, but far from all, of the information Wilson Aerospace LLC sought for its suit accusing the aerospace giant of stealing patented technology for a NASA moon program.

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Womble Bond Says No Need To Share Rift Details In Exit Bid

By Emily Sawicki

Attorneys from Womble Bond Dickinson, seeking to withdraw as counsel of record for a Dutch software company embroiled in a trademark dispute with an American rival, told a North Carolina federal judge that they are not obligated under professional conduct rules to disclose the "substance of a confidential disagreement" underlying their withdrawal request.

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Viewers Say ABC Self-Censorship Gives Them FCC Case

By Jared Foretek

Media advocates and TV viewers seeking to join ABC's lawsuit against the Federal Communications Commission on Monday told a Washington, D.C., federal judge the network was wrong to argue they have no legally protected interest in the case, claiming they've been harmed by lost programming and altered guest bookings.

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XAI Hit With Ill. Biometric Privacy Suit Over Grok Photos

By Celeste Bott

Elon Musk's xAI collects users' facial geometry when they upload photos to Grok for AI-powered image editing without obtaining the informed consent required under Illinois' biometric privacy law, according to a proposed class action filed in Cook County court Friday.

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Makers Of Meta Glasses Won't Provide Repair Parts, Suit Says

By MJ Koo

A Denver electronics repair shop has sued the makers of Ray-Ban Meta smart glasses in Colorado state court, alleging they refused to provide the repair parts, software and technical documentation that state law now requires manufacturers to make available to independent repair businesses.

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Catching Up With Delaware's Chancery Court

By Jarek Rutz

The Delaware Chancery Court this past week saw disputes involving a former NFL star and a $2.5 million solar venture, Morgan Stanley's role in Fox Corp.'s planned $22 billion acquisition of Roku Inc., and JPMorgan Chase & Co.'s effort to pause more than $20 million in legal-fee payments to former Frank executives.

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Brief

Quantitative Trader's Trade Secret Trial Pushed To November

By Elliot Weld

A trial that was set to begin Sept. 14 in a case of a quantitative trader accused of stealing his former employer's trade secrets was pushed to November after a New York federal judge ruled Tuesday that the court and parties needed more time to litigate the admissibility of a defense witness.

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DEALS

Gibson Dunn-Led Holtec Nuclear Readies $825M IPO

By Jade Martinez-Pogue

Nuclear power plant equipment and services company Holtec Nuclear on Tuesday unveiled plans for an estimated $825 million initial public offering advised by Gibson Dunn & Crutcher LLP, kicking off the IPO market's post-Labor Day pipeline.

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BANKRUPTCY

Dish Wireless Creditors Seek Ch. 11 Trustee Over Conflicts

By Vince Sullivan

The official committee of unsecured creditors in the Chapter 11 cases of Dish DBS Corp. and affiliate Dish Wireless have asked a Texas bankruptcy judge to appoint a Chapter 11 trustee to manage the wireless debtors' estates, arguing there are irreconcilable conflicts in the cases.

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ENFORCEMENT

Humboldt To Pay FTC $12M Over 'Sham' Merchant Payment Biz

By Katryna Perera

Payment processing company Humboldt Merchant Services has agreed to pay $12 million and be permanently banned from processing payments for merchants with a higher risk of fraud to resolve Federal Trade Commission claims that it processed payments for more than 1,000 merchants that defrauded customers.

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Amazon Says No Need For Early Discovery In NJ AG's Case

By Matthew Perlman

Amazon has told a New Jersey federal court there's no need to expedite discovery in the state's case accusing the e-commerce giant of using its market power to stifle competition for delivery drivers, saying the case belongs in front of the National Labor Relations Board.

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Kik App Is 'A Parent's Worst Nightmare,' Conn. AG Says

By Brian Steele

The mobile messaging app Kik is "a cesspool of sexual abuse, exploitation and bullying" and "a parent's worst nightmare," Connecticut Attorney General William Tong said Tuesday in announcing his office would investigate allegations that inadequate privacy and content moderation measures endanger children.

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PEOPLE

Baker Botts Names New Energy, Infrastructure Leaders

By Lynn LaRowe

Baker Botts LLP announced Tuesday that it has appointed a group of longtime partners to leadership roles across practices central to the firm's energy and infrastructure work.

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EXPERT ANALYSIS

FDA Closeout Letter Suggests Relaxing Stance On Wearables

The U.S. Food and Drug Administration's recent decision not to pursue enforcement action against Whoop's wearable blood pressure tracker, read together with guidance released earlier this year, suggests a softer shift in the FDA's approach to regulating wearables, say attorneys at Arnold & Porter.

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EPA Guidance May Simplify On-Site Power For Data Centers

At a moment when wait times to connect large loads to the electric grid can stretch into years, two recent U.S. Environmental Protection Agency guidance documents seek to make it easier for data center developers to set up on-site power generation — but much will depend on how quickly states and localities update their own rules, say attorneys at Alston & Bird.

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How Rogue AI May Shape Corporate Liability, Responsibility

Recent artificial intelligence cyber incidents offer a window into how companies deploying autonomous systems should document risk controls even when systems exceed their intended boundaries, as jurors may treat unexpected AI conduct as foreseeable evidence of inadequate safeguards, says Jorge Monroy at Verdict Insight Partners.

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LEGAL INDUSTRY

ABA Law School Accrediting Arm Repeals Diversity Standard

By Emma Cueto and Andrea Keckley

The American Bar Association council responsible for law school accreditation voted Tuesday to eliminate its diversity and inclusion standard, the final step in a process that the council hopes will ensure it remains an accreditor recognized by the U.S. Department of Education.

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Ex-DLA Piper Partner Must Face Claim He Raped Associate

By Lynn LaRowe

A Massachusetts state court has ruled it has jurisdiction over an assault and battery claim alleging a former DLA Piper partner raped a former Boston-based associate in Delaware, finding that purported incident was part of "a larger course of conduct encompassing multiple torts across several states, all circling around plaintiff's residence and work in Massachusetts."

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5th Circ. Backs Ax Of $125M Judgment Over Judge Friendship

By Mike Curley

A split Fifth Circuit panel Tuesday affirmed the vacatur of a trial by a magistrate judge that resulted in a $125 million judgment against Port of Lake Charles, finding the district court correctly found that the magistrate judge didn't fully disclose her 40-year, "close, multifaceted, and personal friendship" with IFG Port Holdings LLC's attorney.

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AG Blanche To Speak At GOP Midterm Convention

By Courtney Bublé

Attorney General Todd Blanche will speak at the Republican midterm convention this week in his "personal capacity."

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COMPANIES IN TODAY'S NEWS

AT&T Inc.

Amazon.com Inc.

American Bar Association

Anthropic PBC

Appalachian Power

Apple Inc.

Blackstone Inc.

CTIA

Champlain Hudson Power Express LLC

Comcast Corp.

Conservation Law Foundation Inc.

Cushman & Wakefield Inc.

Defenders of Wildlife

DuckDuckGo Inc.

EchoStar Corp.

Fox Corp.

Google LLC

Hayward Holdings Inc.

Headlands Technologies LLC

Humboldt Merchant Services

Instagram Inc.

Ipsos

JPMorgan Chase & Co.

Lumen Technologies Inc.

Luna Innovations Incorporated

Luxottica Group S.p.A.

Macmillan Publishers Ltd.

Masimo Corp.

MasterCard Inc.

Meta Platforms Inc.

Microsoft Corp.

Morgan Stanley

Motorola Mobility LLC

Nasdaq Inc.

National Federation of Independent Business

Natural Resources Defense Council

OpenAI OpCo LLC

PJM Interconnection LLC

Pew Research Center

Pinnacle Property Management Services

Public Citizen Inc.

RealPage Inc.

Renaissance Capital

Roblox Corp.

Roku Inc.

Samsung Electronics Co. Ltd.

Skydance Media LLC

Southeastern University

TJC LP

The Associated Press

The Boeing Co.

The New York Times Co.

The Seattle Times

The Walt Disney Co.

TikTok Inc.

United States Telecom Association

Viavi Solutions Inc.

WHOOP

Warner Bros. Discovery Inc.

Warner Bros. Entertainment Inc.

Washington Legal Foundation

Workday Inc.

YouTube Inc.

LAW FIRMS IN TODAY'S NEWS

Akin Gump

Alston & Bird

Anthony A. Garcia Law Firm

Arnold & Porter

Baker Botts

Blank Rome

Cleary Gottlieb

Clement & Murphy

DLA Piper

Davis Polk

Dickinson Wright

Ellis & Winters

Flanagan Partners

Fox Rothschild

Gibson Dunn

Greenberg Traurig

Gustafson Gluek

Haynes Boone

Holland & Knight

Klaris Law

Knobbe Martens

Latham & Watkins

Libby Hoopes

Long Law Firm LLP

McGuire Law PC

McGuireWoods

Munger Tolles

Nachawati Law Group

Norton Rose

O'Melveny & Myers

Pollard PLLC

Quinn Emanuel

Ropes & Gray

Selendy Gay

Seyfarth Shaw

Shah Litigation

Skadden Arps

Smithwick & Belendiuk

Stephan Zouras

Stockwell Sievert

Stone Pigman

Susman Godfrey

Taus Cebulash

Taylor Porter

Venable LLP

Walsh Pizzi

Wexler Boley

White & Case

Wilkinson Stekloff

Williams & Connolly

WilmerHale

Wilson Sonsini

Womble Bond

GOVERNMENT AGENCIES IN TODAY'S NEWS

Connecticut Attorney General's Office

Cook County Circuit Court

Delaware Court of Chancery

Federal Communications Commission

Federal Trade Commission

Food and Drug Administration

International Trade Commission

National Aeronautics and Space Administration

National Institutes of Health

National Labor Relations Board

New Jersey Attorney General's Office

Patent Trial and Appeal Board

Superior Court of Massachusetts

U.S. Attorney's Office for the Southern District of New York

U.S. Court of Appeals for the District of Columbia Circuit

U.S. Court of Appeals for the Federal Circuit

U.S. Court of Appeals for the Fifth Circuit

U.S. Court of Appeals for the Sixth Circuit

U.S. Department of Education

U.S. Department of Justice

U.S. District & Bankruptcy Courts of Southern District of Texas

U.S. District Court for the Central District of California

U.S. District Court for the District of Columbia

U.S. District Court for the District of New Jersey

U.S. District Court for the Eastern District of Michigan

U.S. District Court for the Northern District of California

U.S. District Court for the Northern District of Illinois

U.S. District Court for the Southern District of California

U.S. District Court for the Southern District of Florida

U.S. District Court for the Southern District of New York

U.S. District Court for the Western District of Washington

U.S. Environmental Protection Agency

U.S. Securities and Exchange Commission

U.S. Supreme Court