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Technology
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December 05, 2024
Investors Sue Pegasystems In Corporate Espionage Case
Business software developer Pegasystems Inc. has been hit with allegations that it misled an asset management firm by concealing its use of illegal and unethical tactics to misappropriate competitor Appian Corp.'s trade secrets, which led to a since-overturned $2 billion Virginia state court judgment for unjust enrichment.
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December 05, 2024
Netgear Seeks Anti-Suit Injunction Over Huawei's Wi-Fi SEPs
Netgear is urging a California federal judge to block Chinese router-maker Huawei Technologies from seeking injunctions through Wi-Fi patent infringement actions the company pursued in foreign courts, arguing that Huawei is trying to impose excessive royalty rates and is avoiding its commitment to license its patents on reasonable terms.
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December 05, 2024
Apple Beats ICloud Storage Consumer Claims At 9th Circ.
The Ninth Circuit was unconvinced Wednesday that Apple Inc. traps computer users into paying for additional iCloud storage upon reaching a 5-gigabyte backup limit, declining to revive a putative consumer class action against the technology giant.
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December 05, 2024
Vidal Sends Nokia's Patent Challenges Back To PTAB, Again
The head of the U.S. Patent and Trademark Office has again vacated a Patent Trial and Appeal Board refusal to hear three patent challenges by Nokia, saying the board needs to take a look at the case a third time.
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December 05, 2024
Judge Recommends Axing Some Claims In X Severance Suit
A Delaware federal judge on Thursday recommended pruning of a 14-count suit filed by six former Twitter employees accusing the company now known as X and Elon Musk of contract breaches and other claims in connection with Musk's takeover of the social media giant in 2022.
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December 05, 2024
DOJ Is Eyeing Foreign Patent Litigation Funding, GAO Says
The U.S. Department of Justice is examining the role foreign countries might be playing in funding patent litigation in the U.S., the Government Accountability Office said in a report released Thursday exploring the benefits and pitfalls of the proliferation of third-party intellectual property litigation financing.
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December 05, 2024
Gov't Efficiency Push Is A 'New Day,' House Speaker Says
House Speaker Mike Johnson, R-La., spoke excitedly Thursday about the new government efficiency operation helmed by billionaire Elon Musk and former presidential candidate Vivek Ramaswamy and touted the budding bipartisan lineup of a congressional caucus that will work with it.
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December 05, 2024
Sanctioned VLSI Patent Challenger Must ID Members In Va.
VLSI Technology LLC won a major victory Thursday in litigation where it's looking for compensation from a mysterious company that tried to extort it at the Patent Trial and Appeal Board, with a Virginia federal judge ordering that company to disclose its members.
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December 05, 2024
Infringing Phone Mounts Permanently Blocked In Patent Case
A Washington federal judge agreed on Thursday to block a maker of electronic device mounts from selling certain products that have infringed a patent owned by a rival.
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December 05, 2024
Face-Swapping App Can't Ax Reality TV Star's Suit At 9th Circ.
The Ninth Circuit on Thursday refused to toss a reality TV star's proposed class action accusing a face-swapping app of misusing his likeness, finding his statutory right-of-publicity claim isn't preempted by the federal Copyright Act since the claim involves his likeness and "not a work of authorship."
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December 05, 2024
Yardi Must Face Rent-Fixing Suit With Tough Standard
A Washington federal court has refused to dismiss an antitrust case accusing multifamily building owners of conspiring to use Yardi's revenue management software to inflate rental prices and found the claims should be treated as classic price-fixing allegations.
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December 05, 2024
Chinese Bank Faces New Suit Alleging Reinsurance Fraud
Another group of insurers has accused one of China's largest banks of participating in a "multi-billion-dollar fraud" in the reinsurance market, telling a New York federal court Thursday that the bank, including its New York branch, has refused to honor over $890 million worth of letters of credit.
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December 05, 2024
Fed. Circ. Unlikely To Help Realtek Pursue ITC Sanctions
A Federal Circuit panel seemed baffled Thursday as a K&L Gates attorney argued that the U.S. International Trade Commission wrongly stopped his client from pursuing sanctions, with the panel repeatedly noting that the semiconductor company wasn't even a party in the import dispute.
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December 05, 2024
Charter Settles For $1.1M After FCC Emergency Alert Probe
Charter has agreed to pay $1.1 million to end an investigation by the Federal Communications Commission into whether the cable giant failed to properly keep emergency alert devices online during an FCC test of the system last fall.
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December 05, 2024
Skadden Adds A&O Shearman IP Litigator In Silicon Valley
Skadden Arps Slate Meagher & Flom LLP continues expanding its technology team, announcing Thursday it has brought in an Allen Overy Shearman Sterling intellectual property litigator as a partner in its Silicon Valley office.
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December 05, 2024
Fed. Circ. Backs Mixed PTAB Ruling In Circuit Patent Fight
The Federal Circuit on Thursday affirmed the Patent Trial and Appeal Board's finding that Dutch semiconductor maker NXP was able to show that some claims in a pair of Bell Semiconductor circuit patents were invalid but was unable to prove other claims were unpatentable.
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December 05, 2024
Carriers Must Shield Networks From Attacks, FCC Chair Says
The head of the Federal Communications Commission called Thursday for "urgent action" from U.S. telecom carriers to protect their networks in the wake of the recent Salt Typhoon cyberattack, and said the agency could soon rule that telecoms are affirmatively required under law to try to prevent such intrusions.
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December 05, 2024
Barclays GC To Join A&O Shearman Cyber Team
A&O Shearman has tapped the current general counsel for Barclays Execution Services to co-head its global cybersecurity team, the firm announced Thursday, with the lawyer set to make the jump early next year.
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December 05, 2024
Battery Recycling Firm To Go Public Via $250M SPAC Merger
Renewable energy-focused Ace Green Recycling Inc. has agreed to go public by merging with special purpose acquisition company Athena Technology Acquisition Corp. II in a deal that values Ace Green's equity at $250 million, both parties have announced.
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December 05, 2024
Smith Gambrell And Data Breach Victims Agree To Suit's End
International law firm Smith Gambrell & Russell LLP and two data breach victims have agreed to end a proposed class action against the firm in California federal court.
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December 05, 2024
Small Mass. Law Firm Settles Ex-Client's Data Breach Case
A small Massachusetts law firm has settled a proposed class action accusing it of negligence leading to a 2022 data breach, a Boston federal magistrate judge said Thursday.
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December 04, 2024
Ford Must Face Claims Over Vendor's Website Chat Access
A California federal judge has narrowed but refused to toss a revised putative class action accusing Ford Motor Co. of allowing a third-party software provider to eavesdrop on website chats, finding that the plaintiff had adequately alleged that the automaker was "aware" of the vendor's allegedly unlawful conduct.
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December 04, 2024
Meta Genocide Defense Spurs 'Yeah Right' From 9th Circ.
Ninth Circuit judges doubted Wednesday whether women fleeing genocide of the Rohingya people in Myanmar could have realistically investigated Facebook's role in spreading disinformation and called a lawyer, with one judge calling the defense argument "silly" and another judge responding, "yeah right."
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December 04, 2024
Keesal Young Sued Over Data Breach Affecting 316K People
Law firm Keesal Young & Logan failed to secure Social Security and passport numbers, medical information and other sensitive personal information of over 316,000 people and waited more than five months to inform potential victims of the data breach, a proposed class action filed Tuesday in California federal court alleges.
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December 04, 2024
Google's Ex-Litigation Head Joins AI Co. Turing As Its 1st CLO
Artificial intelligence technology company Turing Enterprises Inc. announced Wednesday that it had brought on Catherine Lacavera, a former vice president of legal at Google, to serve as its first-ever chief legal officer.
Expert Analysis
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9 Considerations Around Proposed Connected Vehicle Ban
Stakeholders should consider several aspects of the U.S. Department of Commerce's recent proposal to ban U.S. imports and sales of vehicles incorporating certain connectivity components made in China or Russia, including exempted transactions and vehicle hardware imports, say attorneys at Blank Rome.
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Legislation Most Likely To Pass In Lame Duck Session
As Congress begins its five-week post-election lame duck session, attorneys at Greenberg Traurig break down the legislative priorities and which proposals can be expected to pass.
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What Trump's 2nd Presidency Could Mean For Crypto Sector
Trump's second term will bring a fundamental shift from the Biden administration's approach to crypto-asset regulation and banking supervision, with the most significant changes likely taking effect in the first two quarters of 2025 and broader policy shifts emerging over the next year, say attorneys at Cahill.
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Putting NYDFS AI Cybersecurity Guidance Into Practice
New guidance from the New York Department of Financial Services explains how financial institutions should assess and mitigate cybersecurity risks associated with artificial intelligence, focusing on four main threats and highlighting how varying environments require specific mitigation measures, say attorneys at Saul Ewing.
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Copyright Questions Surround AI Music Platform Suits
If recent lawsuits filed by the Recording Industry Association of America against two artificial intelligence music platform developers — who maintain that use of copyrighted works to train AI models constitutes fair use — go to trial, this novel issue will make for potentially precedent-setting decisions, says intellectual property lawyer Eric Lane.
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Litigation Strategies In View Of New Double Patenting Rulings
Recent Federal Circuit decisions, including in Allergan v. MSN, raise several issues that patent owners should understand and consider addressing proactively regarding obviousness-type double patenting, at least in their prosecution strategies, say attorneys at Dentons.
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Promoting Diversity In The Selection Of ADR Neutrals
Excerpt from Practical Guidance
Choosing neutrals from diverse backgrounds is an important step in promoting inclusion in the legal profession, and it can enhance the legitimacy and public perception of alternative dispute resolution proceedings, say attorneys at Lowenstein Sandler.
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Series
Playing Ultimate Makes Us Better Lawyers
In addition to being fun, ultimate Frisbee has improved our legal careers by emphasizing the importance of professionalism, teamwork, perseverance, enthusiasm and vulnerability, say Arunabha Bhoumik and Adam Bernstein at Regeneron.
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Tracking The Slow Movement Of AI Copyright Cases
The tech community may be expecting a prompt resolution on whether products generated by artificial intelligence are a fair use of copyrighted works, but legal history shows that a response to this question — at the heart of over 30 pending cases — will take years, say attorneys at White & Case.
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E-Discovery Quarterly: Recent Rulings On Metadata
Several recent rulings reflect the competing considerations that arise when parties dispute the form of production for electronically stored information, underscoring that counsel must carefully consider how to produce and request reasonably usable data, say attorneys at Sidley.
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The 3rd-Party Bankruptcy Release Landscape After Purdue
In its Purdue Pharma ruling prohibiting nonconsensual third-party releases, the U.S. Supreme Court did not comment on criteria to render a third-party release consensual, opening a debate in the bankruptcy courts on the permissibility of opt-out versus opt-in releases, say attorneys at Morgan Lewis.
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Comparing Antitrust Outlooks Amid Google Remedy Review
As the U.S. Justice Department mulls potential structural remedies after winning its recent case against Google, increased global scrutiny of Big Tech leaves ex post and ex ante antitrust approaches ripe for evaluation, say Nishant Chadha at the Indian School of Business and Manisha Goel at Pomona College.
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What New Int'l Treaty Means For Global AI Regulation
Lawyers at Bird & Bird consider how global artificial intelligence regulation will be affected by the first international AI treaty recently signed by the U.S., EU and U.K., as well as its implications for business and several issues that stakeholders should be aware of.
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How The Presidential Election Will Affect Workplace AI Regs
The U.S. has so far adopted a light-handed approach to regulating artificial intelligence in the labor and employment area, but the presidential election is unlikely to have as dramatic of an effect on AI regulations as it may on other labor and employment matters, say attorneys at Littler.
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Opinion
PREVAIL Bill Is Another Misguided Attempt To Restrict PTAB
The decade-long campaign against the U.S. Patent and Trademark Office's Patent Trial and Appeal Board — currently focused on the PREVAIL Act that's slated for markup in the Senate — is not really about procedural issues, and it is not aimed at securing more accurate patentability decisions, says Clear IP's Joseph Matal, former acting director at the USPTO.