Technology

  • January 22, 2021

    Ret. Fed. Judges Call On Telecoms To Lower US-China IP Heat

    Two retired U.S. federal judges and a Chinese judge speaking at a virtual conference Friday called on telecommunications companies to keep standard-essential patent royalty disputes out of the courts, in order to de-escalate China-U.S. trade tension that ratcheted up under the Trump administration.

  • January 22, 2021

    Tesla Accuses New Hire Of Stealing Automation Trade Secrets

    A California federal judge on Friday promptly granted a temporary restraining order barring the release of any trade secrets a former Tesla Inc. employee is accused of stealing within three days of being hired, finding that Tesla was likely to succeed on its claims the same day the company lodged its suit.

  • January 22, 2021

    Ericsson Fires Back, Asks ITC To Block Samsung 5G Imports

    Ericsson Inc. asked the U.S. International Trade Commission to block imports of Samsung Electronics Co. Ltd. 5G products following Samsung's bid earlier this month to block Ericsson's 5G products, according to an ITC filing made public Friday.

  • January 22, 2021

    Senate Dems Press US Court Officials About SolarWinds Hack

    U.S. Senate Democrats have urged national court officials to reveal whether sealed legal filings were exposed during a hacking campaign attributed to Russian spies who exploited a flaw in software offered by information technology provider SolarWinds Corp.

  • January 22, 2021

    Google Threatens To Yank Its Search Engine From Australia

    Google Inc. warned Australian lawmakers Friday that it would stop making its search engine available in that country if they moved forward with a proposed law aimed at helping news organizations bargain with technology platforms, slamming the legislation as "unworkable."

  • January 22, 2021

    Feds File 1st Enforcement Actions Under Ticket Bot Ban

    The federal government has reached three settlements in New York federal court that include civil penalties of nearly $32 million, in the first enforcement cases brought under a national ban enacted four years ago on using bots to buy up and resell large quantities of tickets to popular events.

  • January 22, 2021

    Calif. Children's Hospital Sued Over Blackbaud Data Breach

    California's largest children's hospital is facing a putative class action in federal court claiming it failed to protect nearly 20,000 patients' private medical information, which was swept up in a ransomware attack on its software provider Blackbaud Inc. last year.

  • January 22, 2021

    Apple Blasts 'Personal Attacks' On Judge In Patent Row

    Tech and telecom giants Apple Inc., Verizon Wireless and AT&T rallied together to tell the Federal Circuit that a petition from Voip-Pal should be written off as an "ad hominem attack" that baselessly accuses a California district judge of likening the call-routing patents at issue to "a cancer."

  • January 22, 2021

    Xerox Spinoff Fights Cert. Of 'Lawyer-Driven' Investor Suit

    A Xerox spinoff on Friday urged a New Jersey federal court to toss a class certification bid in a suit over the company's purported misrepresentations to shareholders, arguing that the proposed class representatives have "ceded control" of the case to their lawyers at Bernstein Liebhard LLP and Thornton Law Firm LLP.

  • January 22, 2021

    Facebook Board Will Make Final Call On Trump Suspension

    Facebook's oversight board will be the one that decides whether former President Donald Trump ever gets his account back after the social media behemoth banned him from its platforms earlier this year.

  • January 22, 2021

    Can Parler, Or Its Amazon Suit, Survive?

    Parler says its return to the web is "inevitable" despite Amazon's pulling the platform's plug for its alleged role in fomenting the U.S. Capitol riot. But the success of Parler's retaliatory antitrust claim against Amazon? Competition professionals say it's almost certain to fail.

  • January 22, 2021

    Antenna Patent Co-Owners Ink Deal To End Infringement Fight

    Co-owners of an antenna patent embroiled in an infringement suit in New Hampshire federal court have agreed to settle the case, just months after the Federal Circuit called an appeal in the ordeal "extremely frustrating."

  • January 22, 2021

    Intel's Retirement Plan Leaders Win Trim Of ERISA Claims

    A California federal judge Thursday tossed three former Intel Corp. employees' proposed Employee Retirement Income Security Act class action accusing fiduciaries overseeing the company's investment plans of funneling billions of funds into "risky" endeavors, ruling the workers failed to provide even "minimal factual support" of some allegations.

  • January 22, 2021

    Del. Justices Uphold Chancery's Higher Appraisal Of Tech Co.

    The Delaware Supreme Court on Friday upheld a lower court decision that gave investors in outsourcing company SourceHOV Holdings a post-merger share appraisal of $47.3 million, 2.8 times higher than the company's price.

  • January 22, 2021

    Ga. Wants Standing Review In Election Suit After Others Axed

    Georgia's top election officials urged a federal judge Thursday to certify for appeal her July decision that voters have standing to pursue claims Georgia's voting system is flawed, in light of recent dismissals of suits targeting alleged flaws in the 2020 presidential election. 

  • January 22, 2021

    Top 4 Groups Lobbying The FCC

    Lobbying activity at the Federal Communications Commission in December was as light as a snow flurry, but a few stakeholders did drop off holiday wishlists, as several asked the agency to advance the C-Band auction and speed the transition to an internet-based broadcast TV standard.

  • January 22, 2021

    Twitter Investors Say Board Prioritized Incumbency Over Co.

    Twitter's CEO and board of directors used the company's money to make an unreasonable investment agreement with financial terms well below market value in an effort to buy protection for their incumbency on the board, according to a derivative investor suit filed Thursday in Delaware Chancery Court.

  • January 22, 2021

    Warriors' Website Not Accessible To Blind Fans, Suit Says

    The Golden State Warriors' team website isn't accessible to legally blind fans who require screen reading software, according to a proposed class action filed in California federal court on Thursday that says the NBA team violated the Americans with Disabilities Act.

  • January 22, 2021

    'Defective' Or 'Ordinary': PTAB Denials Suit Heats Up In Calif.

    The U.S. Patent and Trademark Office decried the tech industry's suit against its practice of invoking discretion to deny patent challenges as "logically and legally defective," while top industry players shot back that it was nothing but an "ordinary" Administrative Procedure Act suit.

  • January 22, 2021

    TripAdvisor Beats Speech Recognition IP Suit After PTAB Win

    Mimzi LLC on Thursday agreed to permanently dismiss an infringement suit against TripAdvisor LLC over a speech recognition patent after the Patent Trial and Appeal Board found all the claims invalid.

  • January 22, 2021

    Taiwanese Chip Maker Boosts Offer For German Peer To €4.2B

    Taiwanese silicon wafer manufacturer GlobalWafers, led by Linklaters and White & Case, said Friday it sweetened its offer for Siltronic in a bid that now values its German peer at €4.2 billion (about $5.1 billion), a 12% boost from last month's offer.

  • January 22, 2021

    Manufacturer Says $500M Insurance Policy Covers Virus Loss

    Electronic cable maker Amphenol Corp. has sued Factory Mutual Insurance Co. seeking to compel the insurer to cover its more than $100 million pandemic-related claimed losses under its over $500 million all-risk policy.

  • January 22, 2021

    Vedder Price Adds Finance Atty To New Dallas Office

    Vedder Price PC has announced it has added a former Frost Brown Todd LLC finance attorney with more than a decade of experience in the field as the first hire for its new Dallas office.

  • January 22, 2021

    Taxation With Representation: Wilson, Faegre Drinker, Weil

    In this week's Taxation With Representation, laser tool developers Lumentum and Coherent merge in a $5.7 billion deal, Boston Scientific buys medical device maker Preventice Solutions for $1.1 billion, and RxBenefits gets a $1.1 billion valuation.

  • January 22, 2021

    Va. Judge Directs Re-Interview Of Witness In Capital One MDL

    A Virginia federal judge has directed attorneys in a multidistrict litigation over Capital One's massive data security breach that allegedly affected more than 100 million customers in the U.S. to re-interview a deponent, after he partially denied the customers' general discovery request based on the deposition.

Expert Analysis

  • What Cos. Can Learn From FTC Data Queries To Tech Giants

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    The Federal Trade Commission's recent queries to nine major social media and video streaming companies on how they gather, use and present personal information offer useful insights to other businesses on the agency's concerns and interests around privacy and data collection, say attorneys at Paul Weiss.

  • How Cos. Can Comply With Portland Facial Recognition Ban

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    Due to the breadth of Portland, Oregon's, recent ban on facial recognition technology, companies both within and outside the city should take several actionable steps to leverage the technology while satisfying their compliance obligations, say Jeffrey Rosenthal and David Oberly at Blank Rome.

  • Rebuttal

    US Courts Have Limited Ability To Set FRAND Rates Globally

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    A recent Law360 guest article overlooked the critical point that U.S. courts lack the authority to engage in rate-setting for global portfolios of standard-essential patents on fair, reasonable and nondiscriminatory terms if the licensee does not agree to be bound by the court's determination, says Timothy Syrett at WilmerHale.

  • Predictions For How Telehealth Law Will Evolve In 2021

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    Following the significant activity COVID-19 brought to telemedicine and digital health policy in 2020, legislators will likely continue reducing barriers to virtual care this year, but regulators' enforcement efforts will rise as well, says Nathaniel Lacktman at Foley & Lardner.

  • Granted Motions To Amend Rising Under PTAB Pilot Program

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    A review of recent America Invents Act trial proceedings in which patent owners used two new options under the Patent Trial and Appeal Board's pilot program to make motions to amend their claims indicates they are benefitting from substantially higher grant rates, say Roger Lee and Adam Banes at Buchanan Ingersoll.

  • Law Firms Should Note GCs' Growing Focus On Biz Strategies

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    Amid the challenges of the pandemic, a shifting digital landscape, and increasing calls for diversity and inclusion, general counsel responsibilities are expanding into six new areas, highlighting the need for both in-house and outside counsel to serve as strategic and empathetic business leaders, say Wendy King at FTI Consulting and David Horrigan at Relativity.

  • How Defense Production Act May Affect Vaccine Supply Chain

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    Direct contractors, subcontractors and suppliers in the vaccine supply chain should prepare for President Joe Biden’s expanded use of the Defense Production Act to accelerate immunization efforts, which could disrupt existing business plans and commitments, but also provide financial incentives, and reduced breach of contract and antitrust liability, say attorneys at White & Case.

  • Opinion

    What The Oracle-TikTok Saga Means For Oracle Licensees

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    Though Oracle's attempts to take control of TikTok and become a competitive provider of third-party cloud-hosting services appear to have failed, Oracle's licensees should still consider themselves targets for aggressive cloud sales tactics and anticipate forthcoming audit activity, say Arthur Beeman, Joel Muchmore and Melissa Wehri at Beeman & Muchmore.

  • 6 Changes The Legal Industry Should Prepare For

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    As clients increasingly demand better efficiency, predictability and cost-effectiveness from their legal partners, especially during the pandemic, law firms and other legal service providers may need to explore new ways to bundle and deliver services — and move away from billing by time, says Joey Seeber at Level Legal.

  • Arizona May Have Nudged US Law Firms Toward Future IPOs

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    No U.S. law firm has its shares listed on a public stock exchange unlike some lucrative overseas counterparts, but by allowing nonattorneys to become stakeholders in law firms, Arizona may have paved the way for this to change should other U.S. states — particularly New York — follow suit, says Marc Lieberman at Kutak Rock.

  • How SEC Can Address 'Inherent Dilemma' Of Its Mandate

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    Tom Selman at Scopus Financial suggests three ways the U.S. Securities and Exchange Commission might reconcile the rights of market participants with the regulator's responsibility to protect investors, on the heels of Commissioner Hester Peirce's recent remarks calling out this "inherent conflict."

  • Addressing The Security Risks Of University Foreign Funding

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    Higher education institutions that accept foreign funding should address serious concomitant security risks by identifying specific sources and establishing compliance procedures that promote transparency, protect data and research, and account for U.S. national security interests, say attorneys at Manatt.

  • 6 Priorities For Employment-Based Immigration Reform

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    Maria Fernanda Gandarez and Avram Morell at Pryor Cashman propose six practical changes the incoming Biden administration should make to improve employment-based immigration for U.S. employers and remove barriers preventing foreign talent from contributing to economic recovery in the U.S.

  • Lessons From Economic Testimony In 2020 Merger Litigation

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    A look back at 2020 antitrust cases shows why economic evidence is likely to remain a key element in merger-enforcement litigation, despite the occasional anomaly, says Julie Elmer at Freshfields.

  • Fed. Circ. Ruling Shows Novelty's Role In Patent Eligibility

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    The recent Federal Circuit decision Simio v. FlexSim is the latest in a trend concerning a class of inventions that are patent ineligible because they’re not novel despite purporting to improve computer technology, and is informative for winning or surviving early motions to dismiss, say Braden Katterheinrich and JD Schneider at Faegre Drinker.

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