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Technology
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October 10, 2024
Western Digital Lifted Spex's Data Security IP, Expert Says
Western Digital's My Book and Ultrastar storage devices infringe features in Spex Technologies' data security patent, including hardware encryption and a means of allowing a host computer to request and receive information from the device once it's plugged in, an expert witness testified during the infringement trial Thursday in California federal court.
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October 10, 2024
Social Media Apps Don't Need User Warnings, MDL Judge Told
A lawyer for TikTok urged a California state judge on Thursday to cut failure-to-warn claims from multidistrict litigation over social media's alleged effects on youth mental health, saying this theory is akin to suing newspapers for "not including a warning that reading the news could put you in a bad mood."
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October 10, 2024
FCC Says Disabled Need More Access To Emergency Services
The Federal Communications Commission still has work to do to make sure telecom services are accessible to people with disabilities, particularly those who are visually and hearing impaired, the agency revealed in a new report.
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October 10, 2024
FINRA Fines Citadel Securities, IMC Over Audit Trail Reporting
Citadel Securities LLC and IMC Financial Markets agreed to fines of $1 million and $1.2 million, respectively, to settle allegations from the Financial Industry Regulatory Authority that they failed to accurately or timely report tens of billions of equity and option orders to the consolidated audit trail.
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October 10, 2024
Ousted Chair's Claims To Go Before Arbitrator, Judge Says
A New York federal judge ruled that an arbitrator must decide whether the ousted former chairperson of software investment company The Resource Group International Ltd., who was forced to resign in late 2021 following a widely reported sexual harassment scandal, can pursue some of his claims in arbitration.
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October 10, 2024
OpenAI Calls Musk's Fraud, RICO Suit A Harassing Biz Move
OpenAI asked a California federal judge to toss Elon Musk's claims that the artificial intelligence venture and its top brass engaged in fraud by deciding to make OpenAI a for-profit company, claiming Musk "has been trying to leverage the judicial system for an edge" since launching a competing AI company.
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October 10, 2024
Fed. Circ. Digs Into Patent Applications' Place In Prior Art
A Federal Circuit panel struggled Thursday to work out whether published patent applications meet the requirements to serve as prior art, in order to evaluate whether the Patent Trial and Appeal Board rightfully invalidated claims of a Lynk Labs LED patent.
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October 10, 2024
IP Forecast: 5G Patent Case Spells Deja Vu For EDTX
A patent suit against a Chinese phone company will go before a new federal jury in the Eastern District of Texas after the judge scrapped the original $10.6 million verdict against it as excessive. Here's a spotlight on that case — plus all the other major intellectual property matters on deck in the coming week.
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October 10, 2024
Chancery OKs $9.5M Deal For Katapult SPAC Challenge
A $9.5 million deal settled a Delaware Court of Chancery stockholder suit Thursday seeking damages arising from a stock slump following the $883 million blank check company deal that took subprime consumer lender Katapult Holdings Inc. public in June 2021.
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October 10, 2024
Fed. Circ. Revives Software IP Case Against Salesforce
The Federal Circuit on Thursday threw out a Nevada federal court's finding that Salesforce didn't infringe claims in a pair of patents for database software reprogramming and that the claims weren't valid to begin with, saying key language in the patents has to be looked at differently.
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October 10, 2024
Chef Hit With $4.5M Award For Defaming, Harassing Worker
A Cook County, Illinois, jury has awarded a former employee of the now-shuttered Chicago restaurant Acadia $4.5 million in damages after he accused his ex-boss of targeting him through a systematic internet harassment campaign.
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October 10, 2024
NC AG Nominee Says Opponent Smeared His Lawyering
U.S. Rep. Dan Bishop, the Republican nominee in North Carolina's attorney general race, has filed a defamation lawsuit against his Democratic opponent's campaign and a number of affiliated organizations, claiming the defendants defamed Bishop with a "push poll" suggesting he had represented clients accused of stealing from the elderly.
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October 10, 2024
Most Appian Claims Survive In Pegasystems Defamation Fight
A Massachusetts federal judge has allowed most counterclaims from business software company Appian Corp. to proceed against rival Pegasystems Inc., which accused its competitor in a lawsuit of making deliberately malicious statements and representations regarding a trade secret case the parties are litigating in Virginia.
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October 10, 2024
GOP Rep. Pushes FCC To Act On 12 GHz Broadband Access
An Oklahoma lawmaker has joined a chorus that has been calling for the Federal Communications Commission to open the lower 12 gigahertz spectrum band to two-way broadband fixed wireless access.
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October 10, 2024
Twitter Judge Seeks More Info On Cert. Bid In Layoff Fight
A California federal judge declined to rule Thursday on a request to certify a class of 115 ex-Twitter workers who claim they were booted without proper notice after Elon Musk acquired the company, saying he wanted more information after learning that most signed arbitration agreements.
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October 10, 2024
Shield Satellite Radio From Interference, FCC Told
Sirius XM told the Federal Communications Commission that continued attempts to open the 6 gigahertz band for low-power wireless devices could pose a threat to the satellite radio service's signals if strong protections are not put in place.
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October 10, 2024
FCC Chair Slams Trump's Demands To Pull CBS' License
The head of the Federal Communications Commission on Thursday once again blasted Donald Trump for demanding the agency yank broadcast stations' licenses for political reasons, saying the former president's "familiar" attacks on free speech "should not be ignored."
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October 10, 2024
Biotech Co. Gritstone Hits Ch. 11 With Over $100M Debt
Vaccine developer Gritstone bio Inc. filed for Chapter 11 protection in Delaware bankruptcy court Thursday with at least $100 million of debt, saying it was in discussions with a potential bidder for a sale of the business to ensure it can continue researching cancer and other disease treatments.
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October 10, 2024
Bradley Adds Ex-AUSA As Finance, Gov't Enforcement Partner
A former assistant U.S. attorney left the public sector after four years to join Bradley Arant Boult Cummings LLP's Birmingham, Alabama, office, this week.
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October 10, 2024
Ex-Defense CEO Pleads Guilty To $12M Contract Fund Theft
The former CEO of a defense contractor has pled guilty to his role in a scheme to steal $12.1 million in payments from a U.S. Air Force autonomous technology contract to cover unrelated expenses, including executives' personal expenses.
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October 09, 2024
Kingston Paid Royalties For SPEX's Data Security IP, Jury Told
The founder of Spyrus Inc., which assigned its data security patents to SPEX Technologies, Wednesday told California federal jurors in the infringement trial against Western Digital that Kingston Technology paid a royalty rate of $20 per flash drive sold to license the patent and never challenged its validity.
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October 09, 2024
Co-Ops Say FCC Should Use Meter Data For Broadband Maps
The Federal Communications Commission ought to take advantage of the power meter data that electric cooperatives have access to when trying to find wrinkles or gaps in the agency's broadband maps, a group representing rural electric co-ops says.
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October 09, 2024
Uber Can't Claw Back Safety Update Doc In Sex Assault MDL
A California federal magistrate judge ruled Tuesday that Uber can't claw back a "safety criteria" document it accidentally produced in multidistrict litigation accusing the transportation company of failing to prevent drivers from sexually assaulting passengers, saying the document wasn't privileged since it wasn't created for legal advice purposes.
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October 09, 2024
Amid Copyright Suit, Authors Guild Eyes Licensing To AI Cos.
The rise of generative artificial intelligence has led to a tsunami of copyright lawsuits by authors alleging OpenAI and other tech companies are ripping off their works, but on Wednesday the nation's largest professional organization for writers announced a new plan of attack: Help writers license their works to AI companies.
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October 09, 2024
Google, Microsoft Want Docs Kept From Apple In DOJ Case
Google and Microsoft were among a group of major corporations jumping in Tuesday to push for greater New York federal court safeguards of their sensitive business information as it's used in the Justice Department case accusing Apple of anticompetitively restricting app access to lock users into the iPhone.
Expert Analysis
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Patent Lessons From 4 Federal Circuit Reversals In July
The Federal Circuit’s July reversal of four cases, all of which were Patent Trial and Appeal Board decisions, highlights lessons for patent practitioners regarding the scope of estoppel provisions, potential issues with obtaining certain substitute claims, and more, say Denise De Mory and Li Guo at Bunsow De Mory.
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Video Game Release Highlights TM Pitfalls Of App Store
The upcoming release of poker video game Balatro in Apple's App Store underscores the tradeoff of keyword advertising and trademark protection for indie developers who, unlike corporate counterparts, lack resources but seek to maximize the reach of their game, say Parmida Enkeshafi and Simon Pulman at Pryor Cashman.
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Complying With FTC's Final Rule On Sham Online Reviews
The Federal Trade Commission's final rule on deceptive acts and practices in online reviews and testimonials is effective Oct. 21, and some practice tips can help businesses avert noncompliance risks, say Airina Rodrigues and Jonathan Sandler at Brownstein Hyatt.
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Patent Owner Estoppel Questions In The Wake Of SoftView
The U.S. Patent and Trademark Office's seldom-litigated Rule 42.73(d)(3) on Patent Trial and Appeal Board estoppel was recently brought to the forefront in the Federal Circuit's SoftView v. Apple decision, highlighting uncertainties in this aspect of patent practice, say David Haars and Richard Crudo at Sterne Kessler.
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Opinion
A Fuzzy Label With Bite: FTC Must Define Surveillance Pricing
The Federal Trade Commission recently issued orders to eight companies — including Mastercard, McKinsey and Chase — seeking information on "surveillance pricing," but the order doesn't explain the term or make the distinction between legal and illegal practices, leaving any company that uses personalized pricing in the dark, says Chris Wlach at Huge.
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Assessing Algorithmic Versus Generative AI Pricing Tools
A comparison of traditional algorithmic pricing models and those powered by generative artificial intelligence can help regulators and practitioners weigh the pros and cons of relying on large language models to price products or services, say Maxime Cohen at McGill University, and Tim Spittle and Jimmy Royer at Analysis Group.
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An Overview Of New Export Controls On Advanced Tech
With a new rule that took effect this month, the U.S. Department of Commerce's Bureau of Industry and Security continues to expand export controls on advanced technologies, including semiconductor, additive manufacturing and quantum computing, in coordination with international partners, say attorneys at Arnold & Porter.
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How States Are Approaching AI Workplace Discrimination
As legislators across the U.S. have begun addressing algorithmic discrimination in the workplace, attorneys at Reed Smith provide an overview of the status, applicability and provisions of 13 state and local bills.
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3 Patent Considerations For America's New Quantum Hub
Recent developments signal an incredibly bright future for Chicago as the new home of quantum computing, and it is crucial that these innovators — whose technology has the potential to transform many industries — prioritize intellectual property strategy, says Andrew Velzen at McDonnell Boehnen.
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SBA Proposal Materially Alters Contractor Recertification
The Small Business Administration's new proposed rule on recertification affects eligibility for set-aside contracts, significantly alters the landscape for mergers and acquisitions in the government contracts industry, and could have other unintended downstream consequences, says Sam Finnerty at PilieroMazza.
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Navigating A Potpourri Of Possible Transparency Act Pitfalls
Despite the Financial Crimes Enforcement Network's continued release of guidance for complying with the Corporate Transparency Act, its interpretation remains in flux, making it important for companies to understand potentially problematic areas of ambiguity in the practical application of the law, say attorneys at Sidley.
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A Preview Of AI Priorities Under The Next President
For the first time in a presidential election, both of the leading candidates and their parties have been vocal about artificial intelligence policy, offering clues on the future of regulation as AI continues to advance and congressional action continues to stall, say attorneys at Mintz.
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DOJ Must Overcome Hurdles In RealPage Antitrust Case
The U.S. Department of Justice's recent claims that RealPage's pricing software violates the Sherman Act mark a creative, and apparently contradictory, shift in the agency's approach to algorithmic price-fixing that will face several key challenges, say attorneys at Clifford Chance.
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How Companies Are Approaching Insider Trading Policies
An analysis of insider trading policies recently disclosed by 49 S&P 500 companies under a new U.S. Securities and Exchange Commission rule reveals that while specific provisions vary from company to company, certain common themes are emerging, say attorneys at Gibson Dunn.
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11 Patent Cases To Watch At Fed. Circ. And High Court
As we head into fall, there are 11 patent cases to monitor, touching on a range of issues that could affect patent strategy, such as biotech innovation, administrative rulemaking and patent eligibility, say Edward Lanquist and Wesley Barbee at Baker Donelson.