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Technology
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March 03, 2025
Justices Deny Google Foe's Bid For Patent Eligibility Clarity
The U.S. Supreme Court on Monday rejected a patent owner's appeal arguing that the Federal Circuit has a "broken approach to patent eligibility" and that the justices must clarify the law, in a case where advertising patents asserted against Google were found to cover abstract ideas.
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February 28, 2025
9th Circ. Keeps Mass Starz Privacy Arbitration Consolidated
The Ninth Circuit on Friday refused to allow a consumer whose video privacy arbitration claims against Starz Entertainment LLC have been merged with more than 7,000 similar allegations to break off from the pack, finding that the television network couldn't be blamed for the current "procedural stalemate" in the consolidated arbitration proceedings.
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February 28, 2025
Fed. Circ. Orders Interest Recalculation In Hardware IP Row
Halo Electronics' nearly two-decades-old dispute with a rival completed its fifth trip to the Federal Circuit, with the appeals court on Friday ordering a Nevada federal court to recalculate the amount of interest Halo could collect on a jury verdict.
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February 28, 2025
Judge Denies OpenAI's Bid For Discovery In Meta's IP Fight
A California federal judge rejected OpenAI's request to see discovery produced in Meta Platforms Inc.'s copyright battle with authors over its artificial intelligence tool, writing Thursday that the "broad swath of information" it requested is not proportional to the company's needs in its own case.
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February 28, 2025
Intel Wants License Question Settled Before VLSI Trial In May
Intel Corp. is asking U.S. District Judge Alan Albright to hold that a license it has with Finjan Holdings also covers patents owned by its affiliates, meaning a jury would only decide whether its litigation foe VLSI Technology is one of those affiliates.
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February 28, 2025
T-Mobile Touts Broadband Benefits Of US Cellular Deal
T-Mobile continues to make its case to the Federal Communications Commission in the hopes of earning the agency's blessing on the mobile behemoth's $4.4 billion plan to pick up rival UScellular's wireless business since it holds the key to the transfer of all the latter company's licenses.
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February 28, 2025
Pa. Health System Can't Compel Arbitration In Meta Pixel Suit
A terms of service link on a Pennsylvania health system's website was not sufficient to bind a patient to arbitration in his suit over the alleged disclosure of his personal information to Meta Platforms, a federal judge has ruled.
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February 28, 2025
Robotic Surgery Co. Appealing Tossed Intuitive Antitrust Case
Surgical Instrument Service Co. Inc. is appealing to the Ninth Circuit after a California federal court tossed its $140 million antitrust case accusing Intuitive Surgical Inc. of blocking third parties from refurbishing components for its popular da Vinci surgery robot at the end of trial.
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February 28, 2025
Beyond Meat Fries Investors' Fast-Food Production Woes Suit
A Los Angeles federal judge has tossed, for good, a reworked investor class action accusing Beyond Meat of concealing major problems with its efforts to scale production on plant-based meat substitutes for fast-food chains like McDonald's, KFC and Pizza Hut.
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February 28, 2025
ITC Judge Clears Dell, ASUSTeK, Acer On Search Indexing IP
An administrative law judge at the U.S. International Trade Commission has found that computer makers Dell Technologies Inc., ASUSTeK Computer Inc. and Acer Inc. didn't infringe an X1 Discovery Inc. patent for methods and systems for search indexing by importing products with Microsoft software.
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February 28, 2025
La. Regulators Ask Justices To Review Tesla Sales Ban Case
Louisiana regulators have asked the U.S. Supreme Court to review Tesla's case over the state's ban on direct sales by automakers, saying the presence of car dealership owners on a regulatory board does not violate the electric-car company's due process rights.
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February 28, 2025
SPAC Trio Raise $575M Combined As Market Recovers
Three special purpose acquisition companies began trading on Friday after raising a combined $575 million under guidance from six law firms, adding to a resurgent SPAC market.
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February 28, 2025
Software Engineer Faces Prison For Sharing Info With China
A Southern California man has pled guilty to downloading sensitive technology from a former employer and using it to market his own competing business to a company in China, according to a statement from the U.S. Department of Justice.
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February 28, 2025
Online Test Proctor Sued Over Calif. Bar Exam Malfunctions
ProctorU Inc., which does business as Meazure Learning, was hit with a nationwide class action in California federal court Thursday for its alleged failure to properly administer the state's February bar exam, despite mounting technical issues during the run-up to the test.
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February 28, 2025
11th Circ. Asked To Revive Defect Claims In Tesla Crash Suit
The father of a teenager killed in a Tesla crash asked the Eleventh Circuit on Friday to revive his battery defect claims against the electric car maker, arguing that the lower court should have allowed them to go to a jury.
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February 28, 2025
NC Man Admits Ploy To Export Military Tech To China
The owner of a Raleigh, North Carolina-based electronics resale company pled guilty on Friday in federal court to scheming to send American military technology to China without the proper license.
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February 28, 2025
Adobe Hit With Age Bias Claim By Former Sales Manager
A former Adobe sales manager was sidelined and then fired after reporting a supervisor's comments on his age to human resources, according to a lawsuit filed in Massachusetts state court.
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February 28, 2025
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen the billionaire Zakay brothers, founders of Topland Group, become embroiled in a legal dispute with each other, Unilever sue three major perfume companies over alleged illegal price-fixing, and the publisher of Vogue magazine file an intellectual property suit against Cornucopia Events. Here, Law360 looks at these and other new claims in the U.K.
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February 27, 2025
Split 9th Circ. Won't Let ClassPass Arbitrate Auto-Renew Fight
A split Ninth Circuit panel Thursday refused to send a proposed class action challenging ClassPass' subscription auto-renewal practices to arbitration, with the majority concluding that its online notices are too "muddled" while a dissenting judge slammed the majority's opinion for purportedly sowing "great uncertainty" in what constitutes a conspicuous notice.
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February 27, 2025
Meta's Held-Back Docs In AI Suit Merit Discovery, Authors Say
The California federal judge overseeing a proposed class action claiming Meta Platforms Inc. is using copyrighted material to train its large language model product said Thursday he will consider allowing the author plaintiffs more discovery in response to the tech giant's assertion that it had "inadvertently" held back up some 18,000 documents.
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February 27, 2025
Apple Falsely Touted Watches As 'Carbon Neutral,' Buyers Say
Apple Watch purchasers on Wednesday lodged a proposed class action in California federal court, claiming that the tech giant marketed various smartwatch products as "carbon neutral" despite Apple not actually providing "genuine, additional carbon reductions."
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February 27, 2025
US Vision Beats Suit Over 2021 Ransomware Attack
A New Jersey federal judge has tossed a proposed class action alleging U.S. Vision failed to protect the personal information of more than 710,000 patients following a ransomware attack of its network servers in 2021.
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February 27, 2025
CORRECTED: FCC OKs 1st Rules For Spectrum Auction Since 2020
The Federal Communications Commission got the ball rolling Thursday on its first set of rules for selling spectrum since 2020, signaling that it was ready to consider an update to the process.
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February 27, 2025
FCC Looking At Making TV Commercials Pipe Down Again
Television commercials might be getting too loud again, the Federal Communications Commission recognized Thursday when it voted to take a look at whether its rules about commercial volume are due for an update.
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February 27, 2025
DOJ Tells DC Circ. To Keep Apple Out Of Google Case
The U.S. Department of Justice is urging the D.C. Circuit to keep Apple out of its remedies case against Google, arguing that Apple "sat on its hands" for years despite knowing from the outset of the litigation that its default search agreement with Google was at stake.
Expert Analysis
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7 Pitfalls To Watch In Tech Referral Fee Programs
The recent attempt by FluidStack to recover $10 million in referral fees allegedly promised by software vendor Denvr Dataworks should alert potential participants in so-called partnership programs to seven signs that a proposed technology referral agreement may not equally benefit all sides, says Chris Wlach at Huge Inc.
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How New Fraud Enforcement Tool Affects Gov't Contractors
Government contractors will likely face greater scrutiny under the recently enacted Administrative False Claims Act, which broadens federal agencies' authority to pursue low-dollar fraud claims, but contractors may also find the act makes settlement of such claims easier to negotiate, say attorneys at Wiley.
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Takeaways From 2024's Emerging IP Licensing Trends
Themes in intellectual property licensing from the past year – including artificial intelligence; risk management; and name, image and likeness rights – highlight key considerations for navigating an evolving landscape, say attorneys at Ballard Spahr.
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Top 10 Legal Issues This Year For Transportation Industry GCs
General counsel must carefully consider numerous legal and policy challenges facing the automotive and transportation industry in the year to come, especially while navigating new technologies, regulations and global markets, says Francesco Liberatore at Squire Patton.
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Exploring Venue Strategy For Trump-Era Regulatory Litigation
Litigation will likely play a prominent role in shaping policy outcomes during the second Trump administration, and stakeholders have several tools at their disposal to steer regulatory litigation toward more favorable venues, say attorneys at Covington.
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Searching For Insight On Requested Google Chrome Remedy
The potential for Google to divest its Chrome browser — a remedy requested by the Justice Department following a D.C. federal court’s finding the company is a monopolist — has drawn both criticism and endorsement, but legal precedent likely supports the former, say attorneys at Ballard Spahr.
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How The UPC, ITC Complement Each Other In Patent Law
Attorneys at Ropes & Gray discuss the similarities and differences between the Unified Patent Court and the International Trade Commission, as well as recent matters litigated in both venues and why parties choose to file at these forums.
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New Year, New Risks: 8 Top Cyber Issues For Finance In 2025
As financial institutions forge ahead in 2025, they must strike a delicate balance between embracing technological innovation and guarding against its darker threats, which this year could include everything from supply chain vulnerabilities to deepfakes, say attorneys at Baker Donelson.
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FTC Focus: A Changing Of The Guard
While rigorous antitrust enforcement is unlikely to slow down at the Federal Trade Commission, the focus will undoubtedly change, including when it comes to Big Tech, as Andrew Ferguson prepares to take the reins from Chair Lina Khan, say attorneys at Proskauer.
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5th Circ.'s Nasdaq Ruling Another Piece In DEI Policy Puzzle
The Fifth Circuit's recent en banc opinion vacating Nasdaq's board diversity listing rule wades into the hotly debated topic of diversity, equity and inclusion initiatives at a time when many public companies are navigating the attention that DEI commitments are drawing from activists and shareholders, say attorneys at Debevoise.
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Series
Playing Esports Makes Me A Better Lawyer
Competing in a global esports tournament at Wimbledon last year not only fulfilled my childhood dream, but also sharpened skills that are essential to my day job, including strategic thinking, confidence and networking, says AJ Schuyler at Jackson Lewis.
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Lessons From The SEC's 2024 Crackdown On AI Washing
AI washing was the subject of increased scrutiny from the U.S. Securities and Exchange Commission in 2024 following a surge in the commercial adoption of generative artificial intelligence technologies in 2023, highlighting the importance of transparency, accuracy and accountability when communicating about AI, say attorneys at Perkins Coie.
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The 6 Most Significant FCRA Litigation Developments Of 2024
From a key sovereign immunity decision at the U.S. Supreme Court to a ruling on creditworthiness out of the Seventh Circuit, several important Fair Credit Reporting Act cases wound their way through the courts in 2024, each offering takeaways for both plaintiffs and defendants, say attorneys at Shipkevich.
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Identifying Deepfakes During Evidence Collection, Discovery
Excerpt from Practical Guidance
Attorneys must familiarize themselves with the tools used to create and detect deepfakes — media manipulated by artificial intelligence to convincingly mimic real people and events — as well as best practices for keeping this fabricated evidence out of court, says Bijan Ghom at Saxton & Stump.
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Fed. Circ. In December: A Patent Prosecution History Lesson
Despite relying on two rock-solid principles of patent law, DDR lost its Federal Circuit case against Priceline.com, highlighting how a change in the scope of the invention from the provisional to the nonprovisional application can affect the court's analysis of how a skilled artisan would understand claim terms after reading the prosecution history, say attorneys at Knobbe Martens.