Technology

  • January 23, 2020

    Fed. Circ. Says Judge Wrongly Let Facebook Win Patent Fight

    Facebook was dealt a blow in a patent dispute over its Timeline and Newsfeed features after the Federal Circuit on Thursday revived a lawsuit accusing the social media giant of infringing three patents on displaying computer files in searchable, chronological streams.

  • January 23, 2020

    Encryption Battles May Inform Fights Over 3D Printing Rule

    The U.S. Commerce Department's takeover of export oversight of 3D printing files for firearms from the State Department could invite constitutional challenges, and a 1990s battle over encryption offers a preview for how such challenges could progress.

  • January 23, 2020

    Insurer Must Cover Co.'s Costs After Ransomware Attack

    A Maryland federal judge on Thursday ruled that State Auto Property & Casualty Insurance Co. must cover an embroidery and screen printing company’s costs to replace its computer systems following a ransomware attack in 2016.

  • January 23, 2020

    IBM Hit With Biometric Privacy Suit Over Image Use

    ​​​​​​IBM Corp. is accused in an Illinois court lawsuit of violating the state's landmark biometrics law when it allegedly collected photographs to develop its facial recognition technology without getting consent to use biometric information from the subjects.

  • January 23, 2020

    Maine Wants 1st Circ. To Unblock Pay-Per-Channel Cable Law

    Maine wants the First Circuit to give it the go-ahead to start enforcing its new law that would allow customers to buy channels individually without being locked into a specific cable package, after a federal judge blocked it from taking effect.

  • January 23, 2020

    VMware Calls Cirba's $235M IP Damages Bid 'Unreasonable'

    Tech giant VMware told a Delaware federal jury Thursday that Cirba's claims it should get roughly $235 million in damages for alleged infringement of two of its patents is "unreasonable" and asserted Cirba's case is "a fabrication" fueled by pressure from unhappy investors.

  • January 23, 2020

    Real Estate Rumors: Clarion, Microsoft, CIT Group

    Clarion Partners has reportedly sold a Florida retail center for $39.5 million, Microsoft is said to have dropped $52.3 million on 37 acres near O'Hare Airport, and CIT Group has reportedly loaned $87 million for a project near JFK Airport.

  • January 23, 2020

    PTAB Says Apple's 'Radical Change In Approach' Dooms IPR

    The Patent Trial and Appeal Board on Wednesday upheld a Qualcomm patent covering a method for making it easier for mobile device users to toggle between multiple windows, saying Apple changed its invalidity approach too late in the game.

  • January 23, 2020

    O'Rielly Suggests FCC Could Ink 5.9 GHz Rules By Summer

    Federal Communications Commission member Michael O'Rielly told reporters and members of the auto industry on Thursday that he hopes the agency can ink new rules governing the 5.9 GHz spectrum band by midyear, allowing WiFi to share the band with auto-safety applications.

  • January 23, 2020

    AT&T Says $1.8M Crypto Theft Claims Have 'Critical Holes'

    AT&T is defending its motion to dismiss claims that it failed to prevent the theft of $1.8 million in cryptocurrency, telling a California federal court that a technology consultant's arguments contain "critical holes" that sink his complaint.

  • January 23, 2020

    SanDisk Gets Memory Card Labeling Suit Wiped In Calif.

    A California federal judge on Wednesday dismissed a proposed class action alleging SanDisk LLC misled consumers about the storage capacity of its flash drives and memory cards, noting that the back of the packages on the products at issue clarifies the number of storage bytes.

  • January 23, 2020

    Google Wants Media Ad Co.'s Monopolization Suit Deleted

    Google urged a Georgia federal judge Wednesday to toss a flagging digital media advertising company's monopolization suit, arguing that its broad allegations reflect no wrongdoing but only the internet ecosystem's natural move away from the Flash video player.

  • January 23, 2020

    What To Know As Alphabet Hits 'Search' On A New CLO

    Google's parent company is on the hunt for a new top lawyer after its embattled chief legal officer announced he would leave next week. Experts say there are lessons others can learn as the tech giant hits the search button.

  • January 23, 2020

    USPTO Concerned Fed. Circ. Is Invoking Arthrex 'Reflexively'

    A Federal Circuit panel "reflexively" invoked the court's Arthrex decision when vacating a Samsung Patent Trial and Appeal Board win and ordering a redo, even though the patent owner hadn't argued at the board that patent judges are unconstitutionally appointed, the federal government has told the full court.

  • January 23, 2020

    Class Fights To Keep Cert. In Crypto 'Miners' Ponzi Case

    A class of purported victims of a cryptocurrency mining Ponzi scheme asked a Connecticut federal judge not to take away its certification at the behest of a crypto investor facing secondary liability claims over the scheme.

  • January 23, 2020

    Wilson Sonsini Helps Anzu Partners Clinch $190M Fund

    Anzu Partners, working with Wilson Sonsini, has wrapped up its second fund after collecting $190 million from limited partners, with plans to target investments in industrial technology companies across the U.S. and Canada, the firm said Thursday.

  • January 23, 2020

    Telecoms Ask Fed. Circ. For Second Crack At TQ Delta Patents

    A coalition of telecom giants and technology companies have challenged a Federal Circuit decision reinstating two patents on high-speed transmission technology, insisting they have evidence proving the inventions are obvious that the court never considered. 

  • January 23, 2020

    Deny Bids To Kill AT&T Rate Rulings, Gov't. Urges DC Circ.

    The Federal Communications Commission is urging the D.C. Circuit to stay out of a rate dispute between AT&T and an Iowa local exchange carrier, saying both companies are seeking to overturn an FCC decision that was based on established agency rules for resolving these kinds of disagreements.

  • January 23, 2020

    Deals Rumor Mill: Univision, Eurazeo, Tegna

    Suitors are lining up to bid on Spanish-language media company Univision, which has a market value of $12.4 billion, Eurazeo is readying a sale of its €2 billion payments business, and multiple Tegna investors want the U.S. broadcasting company to pursue a merger or sale. Here, Law360 breaks down these and other deals rumors from the past week that you need to be aware of.

  • January 23, 2020

    Squire Patton Boggs Nabs Ex-Venable Patent Pro

    Squire Patton Boggs LLP has brought on a former Venable LLP partner with more than two decades of litigation experience across a broad range of technologies, the firm has announced.

  • January 23, 2020

    IBM Presses Insurer CEO Over £130M IT Problem Claims

    IBM hammered away Thursday at the chief executive of a British insurer suing for £130 million ($170 million), calling for any evidence that the tech giant failed to report substantial problems with a technology system it was hired to build.

  • January 23, 2020

    US Not Backing Off Safe Harbor Tax Demand, Official Says

    The U.S. still thinks a revamp of the global tax system should be enacted as an elective safe harbor, a top Treasury official said Thursday, even as a French official suggested the countries were moving on from that idea.

  • January 23, 2020

    Xerox Preps Slate Of 11 HP Nominees In $33B Takeover Push

    Xerox said Thursday it plans to nominate a slate of 11 independent directors to HP’s board, as the print and digital products company looks to advance its spurned $33 billion cash-and-stock buyout offer for HP. 

  • January 22, 2020

    Ex-Jawbone Worker Stole IP Before Joining Fitbit, Jury Told

    Prosecutors told a California federal jury during openings of a trade secret trial Wednesday that Jawbone's ex-consumer experience director stole studies that were its "crown jewels" before taking a job at rival Fitbit, while her attorney argued she simply forgot she'd backed up the data onto her personal "cloud" account.

  • January 22, 2020

    Telegram Calls SEC's $1.7B Suit 'Fundamentally Flawed'

    The U.S. Securities and Exchange Commission and Telegram took aim at each other's arguments in their blockbuster $1.7 billion face-off, with the messaging company saying there are "glaring" flaws in the agency's argument that the company engaged in an unregistered securities offering of its Gram tokens.

Expert Analysis

  • Federal AI Panel Report May Help Guide New Export Controls

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    The National Security Commission on Artificial Intelligence’s recommendations on the use of export controls to bolster the United States’ commercial and military position illustrates that blunt controls on artificial intelligence as a category of emerging technologies are not practical, says Hdeel Abdelhady at MassPoint.

  • Weighing Trade Secrets Vs. Patents For Protecting Ideas

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    In light of a steady rise in federal district court trade secret filings and recent case law restricting the scope of patent protection, companies should consider the relative merits of trade secrets and patents upon conception of a promising idea, say Paul Veith and Chad Schafer of Sidley.

  • Nissan Ex-CEO Illustrates Do's And Don'ts Of Image Repair

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    Lawyers can draw a number of useful lessons about reputation management from the efforts of former Nissan executive Carlos Ghosn — who recently escaped house arrest in Tokyo — to restore his sullied reputation, says Elizabeth Ortega at ECO Strategic Communications.

  • Justices' IBM Ruling Gives Life To ERISA Disclosure Liability

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    The U.S. Supreme Court's recent decision in IBM v. Jander leaves unresolved a conflict between disclosure obligations under the Employee Retirement Income Security Act and federal securities laws, boosting the so-called inevitable disclosure theory for ERISA liability, say attorneys at Skadden.

  • The Int'l, Federal And State Taxation Forecast For 2020

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    Attorneys at Steptoe & Johnson look at U.S. international, federal and state taxation, including legislative, regulatory and controversy developments expected in 2020.

  • 4 Cases That Will Shape Clickwrap Litigation In 2020

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    Four recent cases involving companies' online user agreements will have major impacts on the ways courts assess evidence in such cases, the types of evidence that companies must bring in order to enforce their terms, and the types of arguments that both defendants and plaintiffs will make, says Brian Powers of PactSafe.

  • Litigating FRAND Rates After Fed. Circ. Ericsson Decision

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    After the Federal Circuit’s recent ruling in TCL v. Ericsson, which puts juries at the helm of calculating FRAND damages for standard-essential patents, litigators should focus on preparing a simplified and emotionally persuasive story and garnering the evidentiary support necessary for a favorable appeal, says Larry Sandell of Mei & Mark.

  • How Associate Life Has Evolved Over The Past Decade

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    During the last 10 years, the need to embrace change was fundamental for law firms, and that change affected associates in many ways — most, but not all, for the better, says Brad Kaufman, co-president of Greenberg Traurig.

  • The New Class Action Frontier Under Illinois Privacy Law

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    One year after a pivotal Illinois Supreme Court ruling broadened liability under the Biometric Information Privacy Act, companies in a wide variety of industries need to be vigilant of a rise in potentially financially ruinous class action filings, and there are several steps they can take to protect themselves from BIPA liability, say attorneys at Ropes & Gray.

  • Fed's Real-Time Payments Idea Presents Risks, Challenges

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    The Federal Reserve's development of a real-time payment and settlement service raises important questions related to consumer protection, litigation risk, and fraud and overdraft liability, say Ling Ling Ang at NERA Economic Consulting and Judy Mok at Ballard Spahr.

  • What's Changed And What's The Same In Final CFIUS Rules

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    The U.S. Department of the Treasury’s final rules implementing the Foreign Investment Risk Review Modernization Act complete the revamp of the Committee on Foreign Investment in the United States, which will be more complex and better resourced to address evolving national security risks that arise in the context of foreign investments, say attorneys at Akin Gump.

  • Proving Printed Publication As Prior Art In IPR Proceedings

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    Recent decisions from the Patent Trial and Appeal Board show that petitioners in inter partes review proceedings must attend to evidence of public availability in establishing that proffered documents qualify as printed publication prior art, say Paul Ragusa and Daniel Rabinowitz of Baker Botts.

  • Autonomous Vehicle Guidance Gives Industry Room To Grow

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    The White House's recently updated guidance on the deployment of autonomous vehicles outlines broad principles for AV development, but does not identify best practices or create binding requirements, say attorneys at Akin Gump.

  • Breaking Down Brazil's 1st Data Protection Law

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    Brazil's General Law on Data Protection, which comes into effect later this year, is largely modeled on the European Union's General Data Protection Regulation but has some key differences that companies doing business in Brazil should keep in mind when formulating compliance plans, say Felipe Saraiva and Dean Forbes of Sidley.

  • Why Reformers Want Disclosure Of 3rd-Party MDL Funding

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    With third-party litigation funding increasingly being used to finance large and prolonged multidistrict litigations, more disclosure of funding agreements may be warranted to address potential biases and distortions of control and decision-making, say attorneys at Duane Morris.