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Technology
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November 25, 2024
Solicitor General's Input Sought On Music Cos., ISP Petitions
The U.S. Supreme Court on Monday asked the solicitor general to weigh in on a copyright dispute involving Cox Communications and a group of music publishers that won a $1 billion jury verdict of infringement against the internet service provider.
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November 25, 2024
Self-Driving Truck Co. Founder Sues To Regain Share Control
A founding member of TuSimple Holdings, a company formed to develop software and systems to support autonomous long-haul trucking operations, has sued a large company shareholder in Delaware Chancery Court seeking to invalidate a voting agreement that allegedly handed off all of the founder's voting power to the shareholder.
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November 25, 2024
TD Ameritrade Urges High Court To Reject Patent Case
TD Ameritrade said there is no reason for the U.S. Supreme Court to review a Federal Circuit decision in its favor in high-stakes litigation over computerized banking patents, pushing back at arguments that the justices should look at the circuit court's one-line orders in patent cases.
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November 25, 2024
DC Circ. Won't Rehear Allowing H-1B Spousal Work Permits
The District of Columbia Circuit has denied a petition to reconsider its decision upholding an Obama-era program allowing some spouses of highly skilled foreign workers to obtain work permits.
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November 25, 2024
Amazon Says Drivers Still MIA During Discovery In Wage Suit
Delivery drivers are still falling short of following discovery orders in an almost decade-long suit accusing Amazon of misclassifying them as independent contractors, the e-commerce giant told a Washington federal court, urging it to boot those workers from the case.
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November 25, 2024
Home Automation Co. Strikes $1.5M Deal To End OT Suit
A smart home technology company reached a $1.5 million deal to resolve allegations from a collective of current and former employees who accused the company of wrongfully classifying them as overtime-exempt, costing them overtime pay, according to a filing in Georgia federal court.
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November 25, 2024
Justices Reject Patent Case Challenging Newman Suspension
The U.S. Supreme Court refused Monday to hear an appeal by a company that owns a background check patent invalidated for claiming only an abstract idea and that argued it was deprived of a fair hearing at the Federal Circuit due to the suspension of U.S. Circuit Judge Pauline Newman.
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November 24, 2024
Full Fed. Circ. To Rethink AI Contractor's Win In $376M Fight
The full Federal Circuit agreed Friday to rehear a high-profile decision that revived an artificial intelligence company's protest over its exclusion from a $376.4 million procurement, seeking to clarify who counts as an "interested party" that can protest contract awards.
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November 22, 2024
Ill. Judge Bucks Colleague In Limiting BIPA Change's Reach
An Illinois federal judge held Friday that a legislative amendment limiting damages under the state's Biometric Information Privacy Act doesn't apply to lawsuits filed before the change took effect, refusing to side with a recent ruling from another judge in the same court that reached the opposite conclusion.
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November 22, 2024
Pam Bondi's 'Greatest Hits' As Florida Attorney General
In her eight years as attorney general of Florida, Pam Bondi — who has been tapped by President-elect Donald Trump as attorney general — took on pill mills and telemarketing scams targeting the state's large elderly population, while also leading GOP state efforts to battle the Obama administration.
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November 22, 2024
PayPal Wants Renewed Suit Over Merchant Rules Tossed
PayPal on Thursday urged a California federal court to again throw out a proposed class action claiming it illegally boosts online retail prices with its restrictive merchant agreements, arguing that the latest version of the complaint doesn't fix any of the issues flagged by the court.
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November 22, 2024
Wellness Software Co. Not Immune From IP Suit, Judge Says
A federal judge in San Antonio says the Patent Act's immunity protecting physicians from patent lawsuits is "broad, but it is not limitless," and it does not extend to a wellness software licensing company that "only licenses its product to medical providers."
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November 22, 2024
Europe's Antitrust Enforcer Puts Apple E-Book Probe To Bed
The European Union's antitrust enforcer is dropping its probe into whether Apple's requirement that e-books and audiobooks be bought through in-app purchases in its App Store broke the bloc's competition rules.
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November 22, 2024
Cruz Decries 'Unlawful' Activities In $42.5B Broadband Fund
Sen. Ted Cruz, R-Texas, issued a scathing statement Friday warning the U.S. Commerce Department to discontinue what he contends are "unlawful" activities in administering the $42.5 billion Broadband Equity, Access and Deployment program.
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November 22, 2024
Jury Awards Netlist $118M In Patent Case Against Samsung
A Texas federal jury on Friday said computer memory company Netlist Inc. should get $118 million after finding that South Korean electronics giant Samsung infringed a trio of computer memory module patents.
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November 22, 2024
Private Cos. Seek Pre-IPO Share Sales Amid Liquidity Crunch
Following a dearth of initial public offerings in recent years, more private companies are arranging secondary-share sales to help employees and early investors pare down equity stakes without waiting for a public listing, a trend capital markets attorneys expect will continue for the foreseeable future, even if IPOs rebound.
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November 22, 2024
Lenders File Suit To Repossess 600 Crypto ATMs As Payment
Two holding companies are asking a Pennsylvania federal judge to appoint a receiver to help them take possession of nearly 600 digital currency kiosk machines that their defaulted borrowers pledged as collateral for loans totaling $5 million.
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November 22, 2024
Trump Taps Hedge Fund Billionaire Bessent To Head Treasury
President-elect Donald Trump on Friday announced that he's selected Scott Bessent, a billionaire hedge fund manager and the founder of Key Square Group, to serve as secretary of the Treasury in his upcoming administration.
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November 22, 2024
Dish To Pay $100K For Failing To Deploy 911 Location Tech
Dish has agreed to pay $100,000 after the Federal Communications Commission said it failed to comply with vertical location rules to help 911 dispatchers find emergency callers.
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November 22, 2024
UK Enforcers Concerned Over Apple Mobile Browser Policies
British competition enforcers said Friday that Apple's policies are holding back innovation in the mobile browser space and called for an investigation of the roles played by Apple and Google in the mobile ecosystem under new rules coming into force next year.
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November 22, 2024
New Congress Could Undo Rules On Drinking Water, Methane
A consumer advocacy group is warning that Republicans may target a slew of recent and pending regulatory actions when they take control in Washington next year, saying they could make use of the Congressional Review Act to unwind new rules on competition, lead in drinking water, data protection and more.
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November 22, 2024
Blackberry CEO Escapes Ex-Employee's Sex Harassment Suit
A California federal judge trimmed a former Blackberry executive's lawsuit claiming she was fired for reporting that the company's CEO sexually harassed her before he assumed the top job, saying she hadn't done enough to bolster her pay discrimination allegation or her discrimination claim against the CEO.
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November 22, 2024
DC RealPage Antitrust Suit Will Get New Judge In 2025
The District of Columbia's case accusing a slew of landlords of using property management platform RealPage to fix the price of rentals is proceeding on schedule, but the judge who has been overseeing the case is going to be handing the matter off to another at the end of the year.
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November 22, 2024
Microsoft Dismissed From Intercept's IP Suit, OpenAI Remains
A Manhattan federal judge dealt a huge blow to The Intercept's complaint accusing Microsoft and OpenAI of removing author and copyright information from works used to train ChatGPT, dismissing all claims against Microsoft and leaving only one claim against OpenAI alive.
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November 22, 2024
Social Media MDL Judge Threatens States With Contempt
A California federal judge presiding over multidistrict litigation concerning social media platforms' allegedly addictive designs told counsel Friday that she's considering holding California and South Carolina state agencies in contempt for refusing to comply with discovery orders, telling counsel, "I can guarantee I will not let this stand."
Expert Analysis
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The Strategic Advantages Of Appointing A Law Firm CEO
The impact on law firms of the recent CrowdStrike outage underscores that the business of law is no longer merely about providing supplemental support for legal practice — and helps explain why some law firms are appointing dedicated, full-time CEOs to navigate the challenges of the modern legal landscape, says Jennifer Johnson at Calibrate Strategies.
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Fed. Circ. Ruling May Signal Software Patent Landscape Shift
The Federal Circuit's recent ruling in Broadband iTV, despite similarities to past decisions, chose to rely on prior cases finding patent-ineligible claims directed to receiving and displaying information, which may undermine one of the few areas of perceived predictability in the patent eligibility landscape, say attorneys at King & Wood.
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How 2 Proposed Bills Could Transform Patent Law
The Patent Eligibility Restoration Act and the Prevail Act may come up for vote by the Senate Judiciary Committee after the election, and both offer benefits and challenges for inventors and companies seeking to obtain patents, says Philip Nelson at Knobbe Martens.
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Series
Beekeeping Makes Me A Better Lawyer
The practice of patent law and beekeeping are not typically associated, but taking care of honeybees has enriched my legal practice by highlighting the importance of hands-on experience, continuous learning, mentorship and more, says David Longo at Oblon McClelland.
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Budding Lessons From Landmark Plant Seed Patent Battle
The Corteva v. Inari case involving intellectual property rights in genetically modified plants is now proceeding through discovery and potentially to trial, and will raise critical questions that could have a major impact on the agriculture technology industry, say Tate Tischner and Andrew Zappia at Troutman Pepper.
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GAO Decision Offers Insights On Verifying TAA Compliance
The U.S. Government Accountability Office's August decision in Matter of: HPI Federal LLC serves as a reminder of the importance of verifying Trade Agreements Act compliance — and of understanding the parameters of an agency's acceptance of an offeror's TAA representation, say Amy Hoang and Sarah Barney at Seyfarth.
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6 Tips For Cos. Facing Service Provider Cyber Incidents
When a third-party service provider experiences a cybersecurity incident, businesses may wonder if their information is compromised and if their systems are safe, but there are certain steps that can help businesses prepare for and respond to targeted attacks on vendors, say attorneys at Troutman Pepper.
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Unpacking State AG Approaches To Digital Asset Enforcement
Attorneys at Cozen O'Connor survey recent digital asset enforcement by attorneys general nationwide driven by concerns over regulatory gaps where technological developments and market changes have outpaced legislation.
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Opinion
Legal Institutions Must Warn Against Phony Election Suits
With two weeks until the election, bar associations and courts have an urgent responsibility to warn lawyers about the consequences of filing unsubstantiated lawsuits claiming election fraud, says Elise Bean at the Carl Levin Center for Oversight and Democracy.
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Opinion
Bring Back Patent Models To Shut Down The Patent Trolls
By reintroducing the requirement that inventors submit a miniature working model of their inventions along with their patent, legislators could help to deter patent trolls, reduce frivolous litigation and support legitimate inventors in protecting their innovations, says Darin Gibby at Kilpatrick.
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Peeling Back The Layers Of SEC's Equity Trading Reforms
The U.S. Securities and Exchange Commission's recently adopted amendments lowering the tick sizes for stock trading and reducing access fee caps will benefit investors and necessitate broad systems changes — if they can first survive judicial challenges, say attorneys at Sidley.
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Strategies To Avoid Patent Issues In AI Drug Discovery
Artificial intelligence has the potential to improve drug discovery and design, but companies should consider a variety of factors when patenting drugs created using AI systems, including guidance from the U.S. Patent and Trademark Office and methods for protecting patent eligibility, say attorneys at Ropes & Gray.
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How Cos. Can Build A Strong In-House Pro Bono Program
During this year’s pro bono celebration week, companies should consider some key pointers to grow and maintain a vibrant in-house program for attorneys to provide free legal services for the public good, says Mary Benton at Alston & Bird.
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Series
Home Canning Makes Me A Better Lawyer
Making my own pickles and jams requires seeing a process through from start to finish, as does representing clients from the start of a dispute at the Patent Trial and Appeal Board through any appeals to the Federal Circuit, says attorney Kevin McNish.
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An Update On Legal Issues In The Drone Market
Marialuisa Gallozzi and Alex Slawson at Covington examine recent developments in the legal issues surrounding the growing drone market, including possible First Amendment protections, Fourth Amendment surveillance, and litigation involving criminal and civil penalties, evidentiary pursuits, and insurance.