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Technology
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August 20, 2024
Apple Says iCloud Monopoly Suit Can't Stay Afloat
Apple has told a California federal judge that it's time to boot a proposed class action that accuses it of flouting federal antitrust laws by blocking third-party cloud storage services from accessing and storing certain files on its smartphones.
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August 20, 2024
Realtek Suit Is Just 'Litigation Over Litigation,' IP Biz Says
Litigation business Future Link says the latest version of an antitrust lawsuit in California federal court from Taiwanese chipmaker Realtek over claims of a conspiracy with a different Taiwanese chipmaker to fund purported "patent troll" lawsuits is just more "litigation over litigation."
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August 20, 2024
Chancery Flummoxed By Long-Voided Corporate Plaintiff
An unusual corporate law dilemma had a Delaware vice chancellor saying Tuesday that she was without options for dealing with a Philippines-based zombie company recently deemed void since 2020 despite also acting as one plaintiff in a Court of Chancery stock purchase dispute filed in 2022.
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August 20, 2024
Lender's $13M Atty Fee Reserve Bid In Eiger Ch. 11 Plan Nixed
A Texas bankruptcy judge on Tuesday mostly sided with life science company Eiger BioPharmaceuticals in estimating a secured lender's future claims, saying at a hearing that Eiger's Chapter 11 reserve for the claim should include two years worth of interest and agreeing that $1 million should be earmarked for legal fees, not the lender's requested $13 million sum.
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August 20, 2024
FCC Says No To 8 Nonprofit Stations In Texas
The Federal Communications Commission says it is not approving eight applications for new low power FM stations because the Christian entities that applied for them appear to actually all be part of the same organization, which does not qualify as an educational nonprofit.
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August 20, 2024
Ex-SEC Senior Counsel, AUSA Joins Tech Co. As CCO
A former assistant U.S. attorney with senior counsel experience at the U.S. Securities and Exchange Commission has joined technology company Tools For Humanity, a startup co-founded and chaired by OpenAI head Sam Altman, as deputy general counsel and chief compliance officer.
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August 20, 2024
Feds Want 20 Years For Backpage Trio In Prostitution Case
Prosecutors asked an Arizona federal judge Monday to sentence two former executives of the defunct classifieds service Backpage.com and the site's co-founder to 20 years in prison after they were found guilty of several counts over an alleged $500 million prostitution scheme.
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August 20, 2024
Anthropic Hit With Another Copyright Suit Over LLM Training
Anthropic PBC was hit with a proposed class action Monday in California federal court from a group of journalists and authors alleging the artificial intelligence giant is exploiting their copyrighted materials to train its large language model, Claude, without permission or a license, and has become enormously successful at their expense.
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August 20, 2024
Albertsons Stole 'Schedule & Save' Tech, Seattle Co. Says
A Seattle software company is claiming Albertsons breached a deal to develop an automated service for customers to replenish their go-to purchases, saying the grocery giant abandoned the contract amid its pending merger with Kroger and launched a "nearly identical" system in a trade secret ripoff.
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August 20, 2024
Albright Won't Let Meta Patent Row Move To California
U.S. District Judge Alan Albright of the Western District of Texas says the presence of some Texas-based Meta employees involved in developing its Quest headsets outweighs the tech company's bid to eject out of his court a lawsuit over patents once issued to a failed mobile fitness brand.
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August 20, 2024
Fed. Circ. Flips Samsung's Win In 'Slide To Unlock' Patent Suit
The Federal Circuit on Tuesday revived part of a small smartphone company's patent suit against Samsung over its "swipe to unlock" feature, saying that one of Neonode Smartphone's core patent claims was more definite in its scope than the lower court gave it credit for.
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August 20, 2024
FCC Can't Subsidize Off-Campus Wi-Fi, Think Tank Argues
A free-market group criticized the Federal Communications Commission's new program to subsidize Wi-Fi service for schools and libraries, saying it is not just a dubious policy choice but breaks with the statutory limits that Congress set for the E-Rate program.
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August 20, 2024
Epic Will Pay Google $400K For Play Store Contract Breach
Epic Games has agreed to pay Google around $400,000 for implementing its own payment method in "Fortnite" and getting booted from the Play Store, as the court continues to mull what changes Google will have to make after a jury found that its policies violate antitrust law.
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August 20, 2024
A Deep Dive Into Law360 Pulse's 2024 Women In Law Report
The legal industry continues to see incremental gains for female lawyers in private practice in the U.S., according to a Law360 Pulse analysis, with women now representing 40.6% of all attorneys and 51% of all associates.
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August 20, 2024
These Firms Have The Most Women In Equity Partnerships
The legal industry still has a long way to go before it can achieve gender parity at its upper levels. But these law firms are performing better than others in breaking the proverbial glass ceiling that prevents women from attaining leadership roles.
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August 20, 2024
Catching Up With Delaware's Chancery Court
A nearly record-breaking attorney fee got the nod in Delaware last week, along with Chancery Court settlements involving an international private jet service and a chain of trampoline parks. New disputes involved a famous burger restaurant chain, a computer-chip maker, a now-defunct genomic science company, and a historic manor house in west London.
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August 20, 2024
Clifford Chance 'In Shock' Over Missing Partner
Clifford Chance said Tuesday that it is "in shock and deeply saddened" that a partner is among six passengers missing from a yacht that was reportedly chartered to celebrate the legal victory of technology entrepreneur Mike Lynch.
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August 20, 2024
IP Duo Join Thompson Hine From Cincinnati Boutique
Thompson Hine LLP announced Tuesday that a pair of attorneys from intellectual property boutique Wood Herron & Evans joined the firm's office in Cincinnati, Ohio.
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August 20, 2024
BCLP Biz Litigator Jumps To Faegre Drinker In Chicago
Faegre Drinker Biddle & Reath LLP is boosting its trial team, announcing Monday it has brought in a business litigator from Bryan Cave Leighton Paisner LLP as a partner in its Chicago office.
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August 19, 2024
Parents Not Bound By Schools' Arbitration Pact, FTC Argues
The Federal Trade Commission has stepped into a proposed class action accusing education technology company IXL Learning of unlawfully collecting and selling children's personal information, telling a California federal court that the company's agreement with schools to arbitrate disputes doesn't extend to the parents pressing the data privacy suit.
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August 19, 2024
Frost & Sullivan Shouldn't Beat Data Breach Suit, Judge Says
A magistrate judge on Monday recommended a Texas federal court trim but not toss a putative class action accusing consulting firm Frost & Sullivan Inc. of failing to protect its employees and clients from a data breach last year, rejecting the firm's contention that a former employee lacked standing to sue.
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August 19, 2024
Mike Lynch, Clifford Chance Pro Among Missing After Yacht Sinks
Former Autonomy CEO Michael Lynch and a Clifford Chance LLP partner who helped him beat federal fraud charges back in June are among those missing after their chartered luxury yacht sank during a storm off Sicily early Monday during a trip reportedly to celebrate Lynch's legal victory.
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August 19, 2024
Fed. Circ. Urged To Review Dish's Fight Over Atty Fee Liability
A technology industry group on Monday urged the full Federal Circuit to take a look at a precedential panel decision preventing Dish Network LLC from collecting fees directly from a patent litigation company's lawyer, arguing that the ruling "rips a gaping hole" in legal fee jurisprudence that would "immunize" lawyers from ever having to pay attorney fees for filing baseless patent lawsuits.
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August 19, 2024
Judge Suggests Atty, Firm Pay Up For Not Probing IP Claims
A Florida lawyer who once represented former President Donald Trump and the lawyer's firm should pay $150,000 in attorney fees as a monetary sanction for failing to properly investigate patent claims before suing, a federal magistrate judge has recommended, which is far below the $684,000 the defendants in the case sought.
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August 19, 2024
FTC Pushes To Limit Meta's Merger Defenses
The Federal Trade Commission continues to push the D.C. federal court overseeing its monopoly suit against Meta to slim down the social media titan's defenses ahead of the trial that the Facebook parent company is still hoping won't happen.
Expert Analysis
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Texas Ethics Opinion Flags Hazards Of Unauthorized Practice
The Texas Professional Ethics Committee's recently issued proposed opinion finding that in-house counsel providing legal services to the company's clients constitutes the unauthorized practice of law is a valuable clarification given that a UPL violation — a misdemeanor in most states — carries high stakes, say Hilary Gerzhoy and Julienne Pasichow at HWG.
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Why High Court Social Media Ruling Will Be Hotly Debated
In deciding the NetChoice cases that challenged Florida and Texas content moderation laws, what the U.S. Supreme Court justices said about social media platforms — and the First Amendment — will have implications and raise questions for nearly all online operators, say Jacob Canter and Joanna Rosen Forster at Crowell & Moring.
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In Memoriam: The Modern Administrative State
On June 28, the modern administrative state, where courts deferred to agency interpretations of ambiguous statutes, died when the U.S. Supreme Court overruled its previous decision in Chevron v. Natural Resources Defense Council — but it is survived by many cases decided under the Chevron framework, say Joseph Schaeffer and Jessica Deyoe at Babst Calland.
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Series
After Chevron: Expect Limited Changes In USPTO Rulemaking
The U.S. Supreme Court’s recent ruling overturning Chevron deference will have limited consequences for the U.S. Patent and Trademark Office given the USPTO's unique statutory features, but it is still an important decision for matters of statutory interpretation, especially those involving provisions of the America Invents Act, say Andrei Iancu and Cooper Godfrey at Sullivan & Cromwell.
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How To Clean Up Your Generative AI-Produced Legal Drafts
As law firms increasingly rely on generative artificial intelligence tools to produce legal text, attorneys should be on guard for the overuse of cohesive devices in initial drafts, and consider a few editing pointers to clean up AI’s repetitive and choppy outputs, says Ivy Grey at WordRake.
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USPTO Disclaimer Rule Would Complicate Patent Prosecution
The U.S. Patent and Trademark Office's proposed changes to terminal disclaimer practice could lead to a patent owner being unable to enforce a valid patent simply because it is indirectly tied to a patent in which a single claim is found anticipated or obvious in view of the prior art, say attorneys at Sterne Kessler.
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Series
Boxing Makes Me A Better Lawyer
Boxing has influenced my legal work by enabling me to confidently hone the skills I've learned from the sport, like the ability to remain calm under pressure, evaluate an opponent's weaknesses and recognize when to seize an important opportunity, says Kirsten Soto at Clyde & Co.
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Anticipating Disputes In Small Biz Partnerships And LLCs
In light of persistently high failures of small business partnerships and limited liability companies, mediator Frank Burke discusses proactive strategies for protecting and defining business rights and responsibilities, as well as reactive measures for owners.
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Fed. Circ. Percipient Gov't Contract Ruling Is Groundbreaking
The effects of the Federal Circuit's decision last month in Percipient.ai v. U.S. may be limited to commercial product and service suppliers, but it is significant for government procurement in opening the door to protests by suppliers who previously would have lacked standing and Court of Federal Claims jurisdiction, say attorneys at Haynes Boone.
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Opinion
Industry Self-Regulation Will Shine Post-Chevron
The U.S. Supreme Court's Loper decision will shape the contours of industry self-regulation in the years to come, providing opportunities for this often-misunderstood practice, says Eric Reicin at BBB National Programs.
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When Patents As Loan Collateral Can Cost You Standing
The Federal Circuit's recent decision in Intellectual Tech v. Zebra Technologies shines a light on loan default provisions' implications for patent infringement litigation, as a default may inadvertently strip a patent owner of constitutional standing to sue over a patent pledged as collateral, say Joseph Marinelli and Suet L. Lee at Irwin IP.
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3 Ways Agencies Will Keep Making Law After Chevron
The U.S. Supreme Court clearly thinks it has done something big in overturning the Chevron precedent that had given deference to agencies' statutory interpretations, but regulated parties have to consider how agencies retain significant power to shape the law and its meaning, say attorneys at K&L Gates.
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Roundup
After Chevron
In the month since the U.S. Supreme Court overturned the Chevron deference standard, this Expert Analysis series has featured attorneys discussing the potential impact across 26 different rulemaking and litigation areas.
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Series
After Chevron: Expect Few Changes In ITC Rulemaking
The U.S. Supreme Court's opinion overruling the Chevron doctrine will have less impact on the U.S. International Trade Commission than other agencies administering trade statutes, given that the commission exercises its congressionally granted authority in a manner that allows for consistent decision making at both agency and judicial levels, say attorneys at Polsinelli.
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6 PTAB Events To Know From The Last 6 Months
The first half of 2024 brought a flurry of Patent Trial and Appeal Board developments that should be considered in post-grant strategies, including proposed rules on discretionary denial and director review, and the first decisions of the Delegated Rehearing Panel, say attorneys at Fish & Richardson.