Samsung Owes $191.4M In OLED Patent Case

By Adam Lidgett

A federal jury in Texas said Monday that Samsung owes $191.4 million after finding that the South Korean electronics giant's smartphones, computers and televisions infringed a pair of patents on organic light emitting diode, or OLED, technology owned by Pictiva Displays.

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'Exercise More Restraint,' Judge Tells OpenAI Co-Founder

By Bryan Koenig

A California federal judge had little patience for an OpenAI co-founder trying to limit his forced participation in Elon Musk's lawsuit challenging the ChatGPT maker's transition to a for-profit structure, admonishing the former executive for contesting a magistrate judge's order with motions filed while federal courts work unpaid.

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Amazon, OpenAI Ink $38B Compute Infrastructure Deal

By Al Barbarino

Amazon Web Services said Monday it has entered into a seven-year, $38 billion strategic partnership with OpenAI to provide computing infrastructure that will run and scale the ChatGPT maker's core artificial intelligence workloads.

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5th Circ. Wary Of Greenlighting Texas Content Filter Law

By Spencer Brewer

A Fifth Circuit panel seemed wary of Texas' argument that it should decide the constitutional merits of a new state law that forces companies to filter content for underage users, saying Monday the district court ought to get a chance to hear more evidence.

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Squires' First Orders Reject PTAB Petitions En Masse

By Dani Kass

U.S. Patent and Trademark Office Director John Squires, true to his word, rejected 13 petitions for inter partes review with no explanation, furthering the administration's controversial push toward narrowing the Patent Trial and Appeal Board's place in patent litigation. 

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Fed. Circ. Spurns Pornhub Parent Co.'s Stay Bid In IP Row

By Theresa Schliep

The Federal Circuit on Monday denied a request from Pornhub's parent company to pause a patent infringement suit against it while its U.S. Patent and Trademark Office validity challenge proceeds, citing an imminent Nov. 17 trial date, among other factors.

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Disney Blames Lack Of 'Good Faith' In YouTube Blackout

By Christopher Cole

Disney has sought to put the blame at YouTube's feet over the blackout of Disney programs on YouTube TV that stemmed from a breakdown of carriage talks, as the cable industry called for congressional reforms to stop future blackouts from happening.

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Dems Demand FTC Probe Into Surveillance Co.'s Data Use

By Joyce Hanson

Two Democratic U.S. lawmakers urged the Federal Trade Commission on Monday to investigate Flock Safety over its purported failure to implement adequate cybersecurity measures, saying the surveillance technology company has exposed Americans' personal data to theft by hackers and foreign spies.

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OpenAI Sets Policy Against Legal, Medical Advice

By Y. Peter Kang

OpenAI has updated its user policy across its artificial intelligence platforms, including ChatGPT, saying its products can't be used by individuals to provide any legal or medical advice.

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Global Privacy Regulators Set Sights On Kids' Data Protection

By Allison Grande

A global network of more than 30 national data protection authorities is conducting an enforcement sweep to examine how websites and mobile apps commonly used by children are handling and protecting minors' personal information, the group announced Monday. 

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Brief

Squires Mandates Reexam Of Controversial Pokémon Patent

By Dani Kass

U.S. Patent and Trademark Office Director John Squires on Monday initiated an ex parte reexamination of a Pokémon patent whose issuance had caused upheaval in the video game industry.

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Netflix Fights Uphill To Nix DivX's IP Claims In Streaming Row

By Craig Clough

A long-running patent battle between Netflix and software developer DivX landed back in court Monday, with a California federal judge issuing tentative orders rejecting at least some of the major streaming company's arguments that the asserted claims are too abstract under the U.S. Supreme Court's Alice test.

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OpenAI Seeking Rejected DOJ Search Fixes, Google Says

By Bryan Koenig

Google urged a D.C. federal judge Monday not to let OpenAI wade into the U.S. Department of Justice's case against its search monopoly, arguing the ChatGPT maker is too late and is advocating for help "grounding" its artificial intelligence model, even though the judge explicitly rejected just such a remedy.

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Couple Trapped In Tesla During Fatal Fire, Wis. Family Claims

By Jonathan Capriel

Tesla Inc. turned a "survivable crash into a fatal fire" through multiple design defects in its Model S car, according to a Wisconsin state court lawsuit filed by the family of a couple who died trapped inside one when it erupted into "big flames."

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PTAB Lets Stand Claims In Maxell Patent In Samsung Dispute

By Adam Lidgett

The Patent Trial and Appeal Board said Friday that Samsung wasn't able to prove that various claims in a Maxell Ltd. smart device patent were invalid, just a day after the board found some of the other claims unpatentable.

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Intel Says Engineer Absconded With Top Secret Files

By Elliot Weld

Intel Corp. has accused a former engineer of stealing nearly 18,000 files, including some marked as "top secret," before his employment was terminated in July, according to a lawsuit filed in Washington federal court.

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Samba TV Dodges Nonresidents' Calif. Data Privacy Claims

By Allison Grande

A group of television owners who live outside of California can't use the state's wiretap laws to sue Samba TV for allegedly intercepting their video-viewing data and have failed to adequately allege that the analytics provider is covered by federal video privacy law, a California federal judge ruled in axing a proposed class action against the company.

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Academics Back IP Rights For Generated Art At High Court

By Ivan Moreno

A group of 14 academics and legal experts is backing an appeal to the U.S. Supreme Court from a computer scientist seeking a copyright for artwork created by a computer system he developed, telling the justices in an amicus brief that the work-for-hire doctrine should extend to such generated works.

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AMD Accused Of Infringing 10 Adeia Semiconductor Patents

By Elliot Weld

Technology research company Adeia sued data center and artificial intelligence firm Advanced Micro Devices Inc. Monday, alleging infringement of 10 patents related to the manufacture of semiconductors.

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Compass Says Zillow Ban Update Proves Its Point

By Grace Dixon

Real estate brokerage Compass Inc. told a New York federal court Friday that an update on Zillow's website regarding its implementation of an allegedly anticompetitive policy only provides further support for its request to block the policy, days ahead of a preliminary injunction hearing.

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UPenn Hit With Halloween Email Blast, Suit Over Data Breach

By Bonnie Eslinger

The University of Pennsylvania was "negligent and reckless" in not safeguarding the personal information of students, alumni and others from a data breach announced by a purported hacker in an email blast on Halloween, an alumnus told a Pennsylvania federal court in his putative class action filed Monday.

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Parking Lot Sign Isn't A Contract, Drivers Tell Fla. Court

By David Minsky

A proposed class of individuals suing a Georgia company for allegedly accessing confidential DMV records urged a Florida federal court to let their amended lawsuit proceed, saying it can't win on its argument that the text of a street sign showing the consequences of nonpayment for parking constitutes a contract.

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Landlords Fight States' Objection To RealPage Settlements

By Isaac Monterose

A group of landlords urged a Tennessee federal court to reject arguments lodged by several attorneys general who criticized $141.8 million worth of proposed antitrust settlements that aim to resolve multidistrict litigation accusing the landlords of using property management software company RealPage Inc.'s technology for rent price fixing.

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Fla. Law Firm Escapes Data Breach Class Suit

By Carolina Bolado

A Florida federal judge Monday tossed a proposed class action suit claiming Miami-headquartered national law firm Zumpano Patricios PA failed to protect sensitive information prior to a data breach, ruling that a threat of misuse of the information was not enough to confer standing for the plaintiffs.

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Catching Up With Delaware's Chancery Court

By Jarek Rutz and Jeff Montgomery

From billion-dollar pharma feuds to shifting equity deadlines, Delaware's courts saw another week of battles over mergers, fiduciary duty and judicial limits.

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CompoSecure, Husky Technologies To Merge, Form $7.4B Biz

By Jade Martinez-Pogue

Paul Weiss Rifkind Wharton & Garrison LLP-advised CompoSecure, which makes metal payment cards, on Monday unveiled plans to merge with Husky Technologies Ltd., led by Latham & Watkins LLP, in a deal that will value the combined business at roughly $7.4 billion.

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DOJ Probes Nexstar's $6.2B Deal For Tegna

By Matthew Perlman

The U.S. Department of Justice has requested additional information about Nexstar's planned $6.2 billion purchase of rival broadcast company Tegna, extending a waiting period that gives enforcers time to review the merger's impact on competition.

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Cooley Expands Tech Practice With Ex-Freshfields Attys

By James Boyle

Two former Freshfields LLP litigators specializing in matters related to online safety and artificial intelligence have moved their practices to Cooley LLP's Washington, D.C., office.

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Milbank Launches Digital Infra Team As AI Market Booms

By Andrea Keckley

Milbank LLP is launching a cross-disciplinary team to capitalize on its digital infrastructure capabilities as demand for assets such as data centers continues to surge.

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Wireless Builders' Group Names New Top Strategist

By Christopher Cole

The Wireless Infrastructure Association on Monday named a veteran market analyst to provide technical and strategic advice to the industry group.

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Lessons From Fed. Circ. On Expert Testimony In Patent Cases

Several recent decisions from the Federal Circuit are notable for their treatment of expert testimony, with relevance to the three pillars of every patent case — infringement, invalidity and damages — and offer lessons on ensuring that expert testimony is both admissible and sufficient to support the jury's verdict, say attorneys at Honigman.

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Privacy Lessons From FTC Settlement With Chinese Toymaker

In U.S. v. Apitor Technology, the Federal Trade Commission recently settled with a Chinese toy manufacturer that shared children's physical location with a third-party app provider, but the privacy lessons from the settlement extend beyond companies focusing on children's products, say attorneys at Sheppard Mullin.

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When Atty Ethics Violations Give Rise To Causes Of Action

Though the Model Rules of Professional Conduct make clear that a violation of the rules does not automatically create a cause of action, attorneys should beware of a few scenarios in which they could face lawsuits for ethical lapses, says Brian Faughnan at Faughnan Law.

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Goodwin Requiring 4 Days In Office, But Removes Tracker

By Anna Sanders

Goodwin Procter LLP will stop using certain technology to monitor in-office attendance while joining a growing list of BigLaw firms requiring U.S. attorneys to work in person at least four days a week, according to a memo obtained by Law360 Pulse.  

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Analysis

'Frankly, They're Irrelevant:' ABA Ratings In Trump's 2nd Term

By Courtney Bublé

The American Bar Association, long considered the gold standard for rating judicial nominees, no longer gets to interview them as Trump officials claim the group's "not qualified" rating for some nominees during Trump's first term shows it is a biased and "leftist" organization. Ironically though, ABA ratings for President Donald Trump's second-term picks are mostly positive so far.

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ABA Changes DEI Scholarship Requirement Amid Lawsuit

By Emily Sawicki

A law school scholarship once meant for a "member of an underrepresented racial and/or ethnic minority" is now open to applicants who "have demonstrated a strong commitment to advancing diversity, equity, and inclusion," according to a change broadcast by an organization suing the American Bar Association over the scholarship's "categorical exclusion" of whites.

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Cannabis Cos. Allege Hinckley Allen Malpractice Cost $25M

By Adrian Cruz

A group of cannabis companies have claimed that Hinckley Allen & Snyder LLP's alleged malpractice stemming from the purported decision to prioritize the personal interests of a manager in a 2017 investor suit ended up costing them over $25 million in damages.

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Feature

The Lone Ranger Facing A BigLaw Powerhouse At High Court

By Jeff Overley

It might seem curious for a solo practitioner to decline offers of professional assistance in his first U.S. Supreme Court case. It might seem risky to go it alone against a BigLaw team led by an appellate icon. But a legal lone ranger arguing Tuesday at the high court is feeling confident, and he does have a friend proofreading briefs, just to be safe.

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Feds Defend Cases Against James Comey, Letitia James

By Lauren Berg

The U.S. Department of Justice on Monday took a swing at bids by former FBI Director James Comey and New York Attorney General Letitia James to get their indictments thrown out, telling a federal judge the appointment of interim U.S. Attorney Lindsey Halligan was valid.

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Analysis

2 Doctrines Likely To Direct Justices' Review Of Trump Tariffs

By Dylan Moroses

When the U.S. Supreme Court hears oral arguments Wednesday over whether President Donald Trump can impose tariffs under the International Emergency Economic Powers Act, it will likely test two doctrines the justices have recently considered: the major questions and nondelegation doctrines.

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Judge Reminds Gov't To Follow Media Rules In James Case

By Jared Foretek

A Virginia federal judge has reminded the parties in the government's alleged bank fraud case against New York Attorney General Letitia James not to publicly discuss grand jury proceedings after U.S. Attorney Lindsey Halligan texted with a reporter about the case in October.

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DOJ Taps Hall Render Atty As UnitedHealth Merger Monitor

By Lauren Berg

The U.S. Department of Justice asked a Maryland federal judge Monday to appoint a Hall Render Killian Heath & Lyman PC shareholder as compliance monitor as part of the settlement allowing UnitedHealth Group's merger with Amedisys.

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Brief

DC Public Defender Funding To Halt Because Of Shutdown

By Courtney Bublé

Funding for public defender services in Washington, D.C., is about to run out as the government shutdown drags on, according to a recent letter from members of the D.C. Courts Joint Committee on Judicial Administration.

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Roundup

The Top In-House Hires Of October

By Michele Gorman

Legal department hires over the past month included high-profile appointments at Starbucks, Hertz and Fannie Mae. Here, Law360 Pulse looks at some of the top in-house announcements from October.

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