Technology

  • May 29, 2020

    USPTO Tells Fed. Circ. Arthrex Not For Ex Parte Appeals

    The U.S. Patent and Trademark Office is urging the Federal Circuit not to invoke its Arthrex ruling during appeals of rejected patent applications, saying that ruling's remedy of vacating and remanding cases is not needed under these circumstances.

  • May 29, 2020

    Mylan Gets More Sanofi Insulin Pen Patents Nixed At PTAB

    Generic-drug maker Mylan convinced the Patent Trial and Appeal Board to nix a handful of Sanofi-Aventis patents Friday covering the Lantus SoloStar disposable insulin injection pen, adding to its past wins in cases related to the same product.

  • May 29, 2020

    Chancery Tosses Tardy Investor Suit Over Undervalued Biz

    A private equity investor that sat out an appraisal suit challenging a tech company's 2013 cash-out merger price, only to see the Delaware Chancery Court set a price 2.6-times higher for those who did, waited too long to sue the company's controllers afterward, a Delaware vice chancellor ruled Friday.

  • May 29, 2020

    Latham, Meitar Lead Fiverr's $120M Follow-On Deal

    Israeli online marketplace startup Fiverr, led by Latham & Watkins and Israeli firm Meitar, priced a follow-on offering at $120 million to raise money for growth and general business activities.

  • May 29, 2020

    Sens. Join Call For FTC To Probe How TikTok Uses Kids' Data

    A bipartisan group of U.S. senators on Friday stepped up pressure on the Federal Trade Commission to investigate whether popular video-sharing app TikTok is "blatantly flouting" a deal with the commission that required it to significantly strengthen its children's privacy protections, a push that came just a day after more than a dozen U.S. House Democrats issued a similar call. 

  • May 29, 2020

    COVID-19 IP Catch-Up: Remdesivir Access, Zoom TM Security

    The novel coronavirus pandemic has continued to cause delays and waivers in the patent and trademark worlds, and also has led to questions about who owns the rights to a key antiviral drug and whether Zoom should be concerned about its trademark.

  • May 29, 2020

    Ligado Opposes NTIA's Push To Stall 5G Plan Approval

    Satellite operator Ligado Networks pushed back on the U.S. Department of Defense's bid to nix its planned 5G network by defending the Federal Communications Commission's green light for the project in a filing Friday.

  • May 29, 2020

    Digital Taxes Face International Legal Gantlet

    Special taxes on digital companies seem almost inevitable as the novel pandemic heightens focus on the tech sector, but they could face legal challenges under both international trade and tax rules as countries begin to collect.

  • May 29, 2020

    Gov't Contracts Of The Month: Virus, Space And Google Deals

    The federal government looked to the future in May, injecting $1.2 billion into AstraZeneca's candidate COVID-19 vaccine and infusing billions into the U.S.'s space-bound ambitions. Other megadeals include remediation of a nuclear site and Google's partnership with the Pentagon.

  • May 29, 2020

    Open Source Vet Joins Taylor English IP Team In San Antonio

    Taylor English Duma LLP announced this week it has hired a veteran intellectual property attorney from Dykema Gossett PLLC who is experienced with open source software to the firm's intellectual property practice in San Antonio, Texas.

  • May 29, 2020

    Trump Blocks Visas For Chinese Students With Military Ties

    President Donald Trump issued an order Friday banning Chinese citizens with ties to the country's military from entering the U.S. on student visas to attend graduate programs, citing concerns that these students could steal American technology.

  • May 29, 2020

    Dems Upbeat On Prospects For Stalled Broadband Bills

    House and Senate Democrats have high hopes for passing a bevy of broadband expansion bills, whether or not they're officially rolled into the next coronavirus rescue package, two Hill staffers told Law360 during a virtual panel event on Friday.

  • May 29, 2020

    Apple Beats Startup's Worker Poaching Lawsuit

    A California appeals court ruled Thursday that Apple didn't break the law when it hired away key employees from an app startup after declining to acquire the smaller firm.

  • May 29, 2020

    Medical Tech Co. Looks To Dodge Investor Suit Over Backlog

    ViewRay Inc. has urged an Ohio federal court to toss a proposed securities class action accusing the MRI radiation technology company of inflating its order backlog, chalking the matter up to the "growing pains" of an early-stage company.

  • May 29, 2020

    Coronavirus Q&A: Foley & Lardner's Health Practice Chair

    In this edition of Coronavirus Q&A, one of Foley & Lardner LLP's top health lawyers discusses how the pandemic's psychological trauma could reshape mental health care and what COVID-19's brutal toll on senior citizens means for nursing home operations and investments.

  • May 29, 2020

    Real Estate Rumors: CIM Group, IBM, Lone Pine Capital

    CIM Group is reportedly on the hunt for $396 million in financing for a New York City office property, IBM is said to be leaving its 70,000 square feet of space at a Manhattan WeWork property, and Lone Pine Capital has reportedly inked a deal to lease 8,102 square feet on Madison Avenue.

  • May 29, 2020

    IP Owners Approach USPTO Evidence Proposal With Caution

    Patent owners may be able to harness a rule proposed by the U.S. Patent and Trademark Office on Tuesday to get America Invents Act challenges thrown out early, but attorneys tell Law360 they worry that embracing this change could hurt patentees in the long run.

  • May 29, 2020

    Uber Drivers Seek Green Light On NY Unemployment Benefits

    Drivers for Uber and other app-based car services are asking a New York federal judge to order the Empire State to immediately pay them unemployment benefits, saying they'll likely prevail in their suit claiming the state delayed relief by treating them as independent contractors.

  • May 29, 2020

    Facebook Beats AI Startup's Bid To Shield Trade Secrets

    An artificial intelligence startup has failed to prove that its first employee ran off with the company's trade secrets when he took a job at Facebook, a Massachusetts federal judge said, denying the firm's request to block the former worker's ongoing research at the social media giant.

  • May 29, 2020

    Taxation With Representation: White, Freshfields, Fenwick

    In this week's Taxation With Representation, Panasonic takes a minority stake in supply chain company Blue Yonder, private equity firm Goldfinch Partners takes a majority stake in fintech services provider Vesta, and Coinbase acquires crypto-focused prime brokerage platform Tagomi.

  • May 29, 2020

    TCL, Canon Settle IP Suit Amid Roku Source Code Fight

    Canon Inc. and TCL Electronics Holdings Ltd. told a Texas federal judge Friday they had cut a deal to resolve Canon's infringement suit over the TCL Roku TV, likely leaving unanswered whether Canon can get remote access to third-party Roku's source code during the coronavirus pandemic.

  • May 28, 2020

    Ex-Cafe Worker Must Fix $3.2M Deal In Biometric Data Case

    An Illinois federal judge on Thursday rejected a former cafe employee's proposed $3.2 million settlement she'd hoped would end her proposed class action alleging Corner Bakery Cafe misused its employees' biometric data, ruling that it wrongly limits class members' ability to object to the deal or appeal.

  • May 28, 2020

    NSA Warns On Russian Military Launching New Cyberattacks

    The same Russian military unit that U.S. officials say hacked Democratic National Committee servers to interfere with the 2016 presidential election is actively attacking vulnerable email servers across the globe, the U.S. National Security Agency warned Thursday in a rare public alert.

  • May 28, 2020

    Palomar Fails To Get Past Alice In Manufacturing Patent Suit

    A Massachusetts federal judge on Thursday threw out Palomar Technologies Inc.'s lawsuit accusing rival MRSI Systems LLC of infringing its manufacturing patent, concluding there is "dramatically less to the claimed invention than meets the eye."

  • May 28, 2020

    House Dems Ask FTC To Probe TikTok Over Kids' Privacy Deal

    More than a dozen U.S. House Democrats are pushing the Federal Trade Commission to look into allegations that TikTok blatantly disregarded a deal with the agency that required it to bolster its privacy protections for children, joining a chorus of advocacy groups and other lawmakers who have raised questions about the popular video-sharing app's collection and use of personal data. 

Expert Analysis

  • Avoiding Inadvertent Privilege Waivers In E-Communications

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    Attorneys at WilmerHale highlight recent developments in privilege law, the significant challenges raised by nontraditional working arrangements popularized during the pandemic, and ways to avoid waiving attorney-client privilege when using electronic communications.

  • 5 Tips For Drafting Effective Legal Billing Guidelines

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    To properly manage outside counsel, it's imperative for a company's legal department to implement and maintain rules on what they will and won't pay for, on staffing cases and requesting rate increases, and on how matters will be handled, says Chris Seezen at Quovant.

  • The Death Of The Combination Patent Claim

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    Recent Federal Circuit cases appear to suggest that if your patent claim to a combination of otherwise known elements does not include a specific technical improvement, then the claim is not patent-eligible — meaning a bedrock patent principle has been overruled implicitly, says Howard Skaist at Berkeley Law & Technology Group.

  • Strategies For Managing Calif. Litigation As Courts Reopen

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    As state and federal courts in California begin to reopen, strategic decisions need to be made about where cases should be filed, public and private perception of litigation conduct, alternative plans for discovery, and more, says attorney Steven Brower.

  • Where We Are In The US Trade Secret Crackdown On China

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    As the U.S. Department of Justice continues to focus on prosecuting trade secret theft by China, U.S. companies are also filing private civil lawsuits against Chinese companies in federal courts, relying on both the Defend Trade Secrets Act and state trade secret laws, say attorneys at Wiggin and Dana.

  • Opinion

    Don't Cancel Your Summer Associate Programs

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    While pulling off an effective summer associate program this year will be no easy feat, law firms' investments in their future attorneys should be considered necessary even during this difficult time, says Summer Eberhard at Major Lindsey.

  • Tech Will Play Key Role In Real Estate's Road To Recovery

    Excerpt from Lexis Practice Advisor
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    With unprecedented stress on real estate operations due to the COVID-19 crisis, this is a time to reflect on the property technology industry's success in recent years and to recognize how those models can be used to rebuild for the future, say attorneys at Goodwin.

  • Tips For Spoliation Claims In Trade Secret Cases

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    As businesses move toward the complete digitization of information, spoliation issues are increasingly arising in the context of trade secret litigation, and a recent California federal court's decision in WeRide v. Huang is a great example of how plaintiffs can use spoliation offensively to obtain a win, say attorneys at Arent Fox.

  • Early Securities Litigation Trends Stemming From Recent IPOs

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    Attorneys at WilmerHale analyze Securities Act complaints against companies that went public immediately prior to and during the COVID-19-induced market volatility, providing preliminary insights into whether, when and on what basis recent issuers are facing securities litigation.

  • New Trend In IPR Institution Appealability Demands Scrutiny

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    While a recent trend of federal courts holding that U.S. Patent and Trademark Office decisions instituting inter partes reviews are not appealable requires close following, there are two remedies practitioners can seek apart from appeal, say Brett Cooper and Kevin Schubert at McKool Smith.

  • The Legal Risks Of Bias In Artificial Intelligence

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    Bias in artificial intelligence algorithms is inevitable, so companies that use AI should take proactive steps to avoid disparate impact on legally protected classes and minimize the risk of lawsuits, say Brig. Gen. Patrick Huston at the Army JAG Corps and Lourdes Fuentes-Slater at Karta Legal.

  • 5 Ways To Reduce Post-Pandemic Legal Malpractice Exposure

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    History suggests that legal malpractice claims will rise following the current economic downturn, and while a certain percentage of the claims will be unavoidable, there are prophylactic steps that law firms can take, says John Johnson at Cozen O'Connor.

  • Opinion

    Justices Should Construe Computer Fraud Law Narrowly

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    In U.S. v. Van Buren, the U.S. Supreme Court should follow burglary and trespass cases to limit the Computer Fraud and Abuse Act’s scope to accessing or misusing employer data and avoid the absurd result of criminalizing an employee's unauthorized Facebook visit, say Anthony Volini and Karen Heart at DePaul University.

  • Using The M&A Slowdown To Prepare A Portfolio Co. For Sale

    Excerpt from Lexis Practice Advisor
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    Dealmakers can take advantage of COVID-19’s dampening effect on M&A activity to work through timing, pandemic considerations and sale process coordination for portfolio company sales so their deals will be ready when the market eventually picks back up, say Michael Gilligan and Caitlin Cornell at Schulte Roth.

  • Opinion

    Credibility Concerns About Virtual Arbitration Are Unfounded

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    Concerns that videoconferenced arbitration hearings compromise an arbitrator's ability to reliably resolve credibility contests are based on mistaken perceptions of how many cases actually turn on credibility, what credibility means in the legal world, and how arbitrators make credibility determinations, says Wayne Brazil at JAMS.

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