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Technology
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July 30, 2024
Hytera Radio Redesign 'Infected' With Stolen IP, Motorola Says
Hytera Communications should be held in contempt for shirking royalty obligations on its latest line of digital mobile radio products because evidence shows the company's entire redesign process was "infected" with stolen trade secrets, Motorola Solutions argued Monday.
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July 30, 2024
PTAB Scraps 4 Patents At Heart Of $12M Google Trial Loss
A Texas app developer fighting Google over its calling patents has suffered a series of blows at the patent board after judges there ruled that language in most of those patents were not very new, putting a $12 million jury verdict for the app-maker in jeopardy.
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July 30, 2024
AI Dominance In Startup Funding Has Small Biz Concerned
Except for funding for artificial-intelligence startups, early-stage companies are struggling to raise capital amid higher interest rates and lean markets for initial public offerings and mergers and acquisitions, members of a small business-focused panel advising the U.S. Securities and Exchange Commission said Tuesday.
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July 30, 2024
Dominion Again Pushes DQ Bid For Ex-Overstock CEO Atty
Attorneys for Dominion Voting Systems are again urging a D.C. federal judge to disqualify a Michigan attorney from representing former Overstock.com CEO Patrick Byrne in a defamation lawsuit, saying she and her client "lack any respect for the rule of law" and pose risks to Dominion employees.
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July 30, 2024
Tech IP Co. Drops Patent Row With Ford Over 3D Glasses
The holder of patents for 3D movie glasses has dropped a Michigan federal court lawsuit claiming Ford Motor Co. incorporated its patented image-viewing technology into backup cameras.
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July 30, 2024
Virginia Appeals Court Tosses Record $2B Trade Secrets Verdict
The Court of Appeals of Virginia on Tuesday reversed Appian Corp.'s $2 billion trade secrets judgment against competitor Pegasystems Inc., saying that the trial court made a series of errors on its way to the biggest jury award in state history and that a new trial was warranted.
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July 30, 2024
Texas, Meta Reach Historic $1.4B Deal In Biometric Data Suit
The state of Texas has reached a historic $1.4 billion settlement with Meta Platforms Inc. in a lawsuit accusing the social media giant of illegally collecting Facebook users' biometric data through its now-discontinued facial recognition feature, attorneys for the state announced Tuesday.
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July 29, 2024
8th Circ. Tosses 'Windfall' $79M Legal Fee In T-Mobile Suit
The Eighth Circuit on Monday threw out a $78.7 million attorney fee award for plaintiffs' attorneys who negotiated a $350 million settlement with T-Mobile over a massive data breach in 2021, saying the award amounts to a "windfall" for class counsel.
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July 29, 2024
NIST Lays Out 200+ Ways To Tackle Generative AI Risks
The National Institute of Standards and Technology has recommended hundreds of actions that can be taken to address issues of data privacy, intellectual property, environmental impact and more raised by generative artificial intelligence.
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July 29, 2024
Making Broadcasters File Disaster Reports Not Wise, FCC Told
Broadcasters say it's a bad idea for the Federal Communications Commission to force them to start reporting disaster-related outages to the agency like other communications companies are required to because it would distract them from reporting about whatever disaster is happening.
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July 29, 2024
Albright Grants Verizon, T-Mobile Wins Over VoIP-Pal
A sealed ruling from U.S. District Judge Alan Albright on Monday might have put an end to patent lawsuits facing Verizon and T-Mobile that were, at one point, potentially worth over $5 billion.
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July 29, 2024
Pole Owners Must Pay Half Of Upgrades, Advocacy Org. Says
School and library advocates are calling for the Federal Communications Commission to follow Canada's lead in mandating that utility pole owners cover half the cost of upgrades for broadband equipment, saying that because both pole owners and broadband equipment attachers benefit from upgrades, they should share in the costs.
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July 29, 2024
Gilstrap Finds Nothing Between The Lines Of Barcode Patents
A handful of barcode scanning patents issued to prolific litigant Leigh Rothschild met their fate in Texas, with U.S. District Judge Rodney Gilstrap deciding they "recite no more than generic computer operations."
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July 29, 2024
Skadden-Led Driverless Tech Startup WeRide Seeks US IPO
Autonomous driving technology developer WeRide Inc. has filed U.S. initial public offering plans, represented by Skadden Arps Slate Meagher & Flom LLP and underwriters' counsel Latham & Watkins LLP, potentially marking a rare U.S. listing from a Chinese company.
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July 29, 2024
Charter Pays $15M To End FCC's Network Outage Probe
Charter has agreed to shell out $15 million and create a novel cybersecurity program meant to resolve issues raised during a Federal Communications Commission probe of major network outages affecting 911 service, the FCC said Monday.
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July 29, 2024
DirecTV Calls Bundled Service Exemption For Fee Regs Unfair
If the Federal Communication Commission decides to exclude bundled services from new rules it plans to put in place banning cable and satellite providers from charging early termination fees, satellite providers will be the only ones actually bound by the rules, DirecTV has told the agency.
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July 29, 2024
Amazon Defeats Class Status Push In Military Leave Suit
A Washington federal judge refused Monday to greenlight a class action accusing Amazon of demoting or firing workers who took time off for military service, saying they hadn't shown the thousands of would-be class members had enough in common.
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July 29, 2024
'Words Matter,' Says Judge Upon Ending Intel Patent Suit
It's lights out for a long-running Delaware patent lawsuit against Intel, after a judge Friday pointed to contradictory language used at the U.S. Patent and Trademark Office and declared that one can't "have his claim and eat it, too."
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July 29, 2024
Tenn. Republican Seeks To Block Net Neutrality In Senate
Tennessee Sen. Marsha Blackburn is trying to gut the Federal Communications Commission's net neutrality rules, mirroring an ongoing effort by House Republicans.
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July 29, 2024
Senate To Vote On Bills To Protect Kids Online
The Senate is poised to vote on Tuesday on a package of two major bipartisan bills to protect children online that could represent a watershed moment in technology regulation.
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July 29, 2024
Western Digital Hit With $262M Verdict Over Data Storage IP
A California federal jury found Friday that hard drive behemoth Western Digital owes MR Technologies more than $262 million in royalties for infringing its patents for increasing storage capacity on disk drives, after nearly two weeks of trial and four hours of deliberations.
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July 29, 2024
TikTok Loses Bid To Have Chinese Co. Identify Trade Secrets
A California federal court has denied TikTok's bid to force Beijing Meishe Network Technology Co. Ltd. to further identify trade secrets in a complaint that accuses the social media platform of stealing them, with the judge saying that the suit includes enough information for now and that discovery should proceed quickly.
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July 29, 2024
'Grave' NatSec Concerns Justify TikTok Ban, DC Circ. Told
The U.S. government told the D.C. Circuit that TikTok's data collection practices and content recommendation algorithm threaten national security, in defending a federal law banning the social media platform from the United States unless it cuts ties with its Chinese parent company ByteDance.
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July 29, 2024
Catching Up With Delaware's Chancery Court
Litigation linked to Elon Musk sparked several filings in Delaware's Court of Chancery last week, including a call for sanctions and hand-wringing about a proposed multibillion-dollar attorney fee. Here, Law360 looks at this and other highlights from last week in Delaware's Chancery Court.
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July 29, 2024
White Collar Update: 4 Developments To Watch
White-collar lawyers are on the lookout for U.S. Department of Justice actions targeting artificial intelligence "snake oil," aggressive pandemic-relief fraud prosecutions, and carrots for corporations and whistleblowers who expose misconduct. Here's a look at some key developments to watch in the second half of 2024.
Expert Analysis
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CFPB Reality Check: Video Game Cash Is Still Money
The Consumer Financial Protection Bureau's recent report examining payments within online video games indicates that financial services offered within the game marketplace are quickly evolving to the point where they are indistinguishable from traditional financial services subject to regulation, say attorneys at Sheppard Mullin.
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How Copyright Office AI Standards Depart From Precedent
The U.S. Copyright Office's recent departure from decades of precedent for technology-assisted works, and express refusal to grant protection to artificial intelligence-assisted works, may change as the dust settles around ancillary copyright issues for AI currently pending in litigation, says Kristine Craig at Hanson Bridgett.
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IP Considerations For Companies In Carbon Capture Sector
As companies collaborate to commercialize carbon capture technologies amid massive government investment under the Infrastructure Investment and Jobs Act, a coherent intellectual property strategy is more important than ever, including proactively addressing and resolving questions about ownership of the technology, say Ashley Kennedy and James De Vellis at Foley & Lardner.
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Keeping Up With Class Actions: A New Era Of Higher Stakes
Corporate defendants saw unprecedented settlement numbers across all areas of class action litigation in 2022 and 2023, and this year has kept pace so far, with three settlements that stand out for the nature of the claims and for their high dollar amounts, says Gerald Maatman at Duane Morris.
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Does Expert Testimony Aid Preliminary IPR Responses?
Dechert attorneys analyze six years of patent owners' preliminary responses to inter partes review petitions to determine whether the elimination of the presumption favoring the petitioner as to preinstitution testimonial evidence affected the usefulness of expert testimony in responses.
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Are Concessions In FDA's Lab-Developed Tests Rule Enough?
Although the U.S. Food and Drug Administration's new policy for laboratory-developed tests included major strategic concessions to help balance patient safety, access and diagnostic innovation, the new rule may well face significant legal challenges in court, say Dominick DiSabatino and Audrey Mercer at Sheppard Mullin.
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8 Questions To Ask Before Final CISA Breach Reporting Rule
The Cybersecurity and Infrastructure Security Agency’s recently proposed cyber incident reporting requirements for critical infrastructure entities represent the overall approach CISA will take in its final rule, so companies should be asking key compliance questions now and preparing for a more complicated reporting regime, say Arianna Evers and Shannon Mercer at WilmerHale.
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Is The Digital Accessibility Storm Almost Over?
Though private businesses have faced a decadelong deluge of digital accessibility complaints in the absence of clear regulations or uniformity among the courts, attorneys at Epstein Becker address how recent federal courts’ pushback against serial Americans with Disabilities Act plaintiffs and the U.S. Department of Justice’s proposed government accessibility standards may presage a break in the downpour.
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Rebuttal
Double-Patenting Ruling Shows Terminal Disclaimers' Value
While a recent Law360 guest article seems to argue that the Federal Circuit’s Cellect decision last year robs patent owners of lawful patent term, the ruling actually identifies how terminal disclaimers are the solution to the problem of obviousness-type double patenting, say Jane Love and Robert Trenchard at Gibson Dunn.
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Series
Swimming Makes Me A Better Lawyer
Years of participation in swimming events, especially in the open water, have proven to be ideal preparation for appellate arguments in court — just as you must put your trust in the ocean when competing in a swim event, you must do the same with the judicial process, says John Kulewicz at Vorys.
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How Courts Are Interpreting Fed. Circ. IPR Estoppel Ruling
In the year since the Federal Circuit’s Ironburg ruling, which clarified the scope of inter partes and post-grant review estoppel, district court decisions show that application of IPR or PGR estoppel may become a resource-intensive inquiry, say Whitney Meier Howard and Michelle Lavrichenko at Venable.
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A Recipe For Growth Equity Investing In A Slow M&A Market
Carl Marcellino at Ropes & Gray discusses the factors bolstering appetite for growth equity fundraising in a depressed M&A market, and walks through the deal terms and other ingredients that set growth equity transactions apart from bread-and-butter venture capital investing.
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Patent Damages Jury Verdicts Aren't Always End Of The Story
Recent outcomes demonstrate that patent damages jury verdicts are often challenged and are overturned approximately one-third of the time, and successful verdict challenges typically occur at the appellate level and concern patent validity and infringement, say James Donohue and Marie Sanyal at Charles River.
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NY Tax Talk: Primary Function Is Key Analysis For Sales Tax
Two sales tax cases recently decided by New York's Appellate Division illustrate why both taxpayers and the state's Department of Revenue subscribe to the primary function test, a logical way to determine whether business transactions are subject to sales tax, say Elizabeth Cha and Jeremy Gove at Eversheds Sutherland.
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Notable Q1 Updates In Insurance Class Actions
Mark Johnson and Mathew Drocton at BakerHostetler discuss notable insurance class action decisions from the first quarter of the year ranging from salvage vehicle titling to rate discrimination based on premium-setting software.