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Technology
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December 04, 2024
Oracle Can't Seek Fla. Tax Refunds Without Repaying Clients
Oracle can't obtain refunds for Florida state and local taxes that it improperly collected on sales of electronically delivered software to three businesses because the company didn't reimburse those customers first, a state appeals court ruled Wednesday.
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December 04, 2024
Apple Forced Exec Out For Flagging Unequal Pay, Court Told
Apple gave the former head of an audio division an "awful" choice — work under a performance improvement plan or quit — after she raised concerns that she received less pay than her male counterparts and participated in an investigation into her supervisor, she told a California state court.
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December 04, 2024
Trump Names Slater To DOJ Antitrust Against 'Wild' Big Tech
President-elect Donald Trump signaled a full steam ahead approach to reining in major technology platforms with the announced nomination Wednesday of former Federal Trade Commission staffer and Trump administration economic adviser Gail Slater to run the U.S. Department of Justice's Antitrust Division.
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December 04, 2024
Worker Accuses Delivery Robot Maker Of Wage Violations
A former operations coordinator sued a California robotics company making food delivery in partnership with Uber Eats, claiming in his proposed class action in state court that the company cheated workers out of wages and failed to provide meal and rest breaks.
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December 04, 2024
TPG Leads $2B Investment In PE-Backed Data Firm Veeam
Insight Partners-owned Veeam Software said Wednesday it has sold off a $2 billion stake in the company through a secondary offering to a group led by TPG and including Temasek, Neuberger Berman Capital Solutions and other new investors, valuing the software company at $15 billion.
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December 04, 2024
Paul Weiss-Led PE Firm's SPAC Bids £836M For E-Training Biz
Investor General Atlantic said Wednesday that a company it manages has agreed to buy Learning Technologies Group PLC, a workplace training provider, for a total of £836 million ($1.1 billion) as the U.S. business looks to expand in the growing sector.
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December 03, 2024
Ex-Apple Workers Accused Of Swiping Charity Match Funds
A Northern California district attorney's office on Tuesday unveiled charges against six former Apple Inc. workers accused of scheming to convince their employer to match thousands of dollars in nonexistent donations to children's charities, according to an announcement from the office.
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December 03, 2024
FTC Secures Location Data Sale Bans In Pair Of New Actions
The Federal Trade Commission on Tuesday doubled down on its efforts to safeguard consumers' sensitive location information, announcing a pair of settlements against a data broker and an analytics provider that the commission claims unlawfully collected and sold data that could track individuals to health clinics and other sensitive places.
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December 03, 2024
US Claims Court Backs HHS Agency's $20.5M IT Deal Choice
A federal claims court judge has denied a protest of a $20.5 million U.S. Department of Health and Human Services information technology deal, saying an HHS agency reasonably concluded that it had only "some confidence" in a government contractor protester.
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December 03, 2024
Samsung Foe Wants More Money After $192M Patent Win
A small Silicon Valley outfit that makes wireless chargers wants U.S. District Judge Rodney Gilstrap to potentially triple the $192 million willful infringement verdict the company won against Samsung, citing the smartphone maker's "egregious" conduct during trial in Texas federal court in Marshall.
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December 03, 2024
Crypto Co. Hut 8 Wants Out Of Merger Disclosure Investor Suit
Crypto mining company Hut 8 moved to dismiss a proposed shareholder class action that is based on the claims of a short-seller's report that Hut 8 overpaid for a company with severe operational issues, saying the suit does not show the alleged misrepresentations were false or misleading when made or that investors were actually harmed.
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December 03, 2024
Del. Justices Mostly Uphold Mindbody Merger Suit Ruling
Delaware's Supreme Court has upheld a Court of Chancery ruling that the former CEO of Mindbody Inc. is liable for an extra $1 per share plus interest to stockholders of the fitness software company but reversed the lower court's finding that Vista Equity Partners Management LLC, which acquired Mindbody in 2019, aided and abetted the executive.
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December 03, 2024
Antitrust Judge Rips Apple's 'Meritless' Doc Privilege Claims
Apple fought uphill Tuesday to convince a California federal magistrate judge that it properly withheld 57,000 documents from Epic Games due to attorney-client privilege in their antitrust fight, with the judge eventually telling its lawyer, "I disagree with everything you're saying, and the fact you're making these meritless arguments causes me concern."
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December 03, 2024
Former Officials Target DOJ, FTC Position In Epic V. Google
The U.S. Department of Justice and Federal Trade Commission drew criticism Tuesday from former officials who targeted the agencies' stance on Google's Ninth Circuit fight against the mandated opening of the Android Play Store, with the officials warning in an amicus brief against "compulsory sharing obligations."
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December 03, 2024
Chamber Backs T-Mobile, Sprint's Challenge To FCC Fine
The U.S. Chamber of Commerce told the D.C. Circuit that recent U.S. Supreme Court rulings make clear that the Federal Communications Commission overstepped its authority when it levied a combined $92 million in fines on T-Mobile and Sprint for selling users' location data.
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December 03, 2024
ZoomInfo Brass Face COVID Customer Loss Derivative Suit
Leaders of software company ZoomInfo Technologies Inc. face new shareholder derivative action claims over the company's allegedly improper customer retention measures following its $33 million write-down in connection with the matter.
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December 03, 2024
Wheeling & Appealing: The Latest Must-Know Appellate Action
December's appellate forecast calls for a squall of showdowns in a tiny time period before the holidays, including arguments involving recent U.S. Supreme Court cases, Big Tech's patents and popular purveyors of health food. In addition, winds of change are swirling around the White House's litigation posture and judicial nominations, and we'll quiz you on the latter in this edition of Wheeling & Appealing.
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December 03, 2024
Meta, Jawbone Strike Deal Ending VR Headset Patent Case
Meta Inc. said Tuesday it has reached a settlement with Jawbone Innovations to end a lawsuit in Texas federal court claiming its virtual reality headsets infringe a series of Jawbone's patents.
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December 03, 2024
USPTO Abandons Polarizing Proposal Over Double Patenting
The U.S. Patent and Trademark Office has withdrawn an extremely controversial proposal tied to double patenting, citing "resource constraints" in a Federal Register notice set to be published Wednesday.
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December 03, 2024
OpenAI Must Disclose Execs' Messages To News Orgs.
The New York Times, Daily News, other news organizations and writers can gain access to the social media messages of executives at OpenAI in their litigation accusing the company of using copyright-protected material to train ChatGPT after a New York judge rejected efforts to block the disclosure of the messages.
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December 03, 2024
Microsoft Asks FTC Watchdog To Look Into Leaked Probe
A Microsoft deputy general counsel on Tuesday asked the Federal Trade Commission's inspector general to look into whether commission management improperly told a news outlet that the FTC had opened a broad antitrust investigation of the tech giant.
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December 03, 2024
Vidal Aimed To Put USPTO Rulemaking In The Spotlight
Kathi Vidal's tenure as director of the U.S. Patent and Trademark Office has been marked by dedication to making the agency's decisions and processes more transparent, attorneys said ahead of her mid-December departure.
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December 03, 2024
Intel's License Fight With VLSI In Texas Gets May Trial Date
A Texas federal judge has set a May trial date for Intel's claim that it already has a license to VLSI's chip patents in their multibillion-dollar dispute.
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December 03, 2024
Google Wants Ad Tech Claims In Texas Heard By Judge, Not Jury
Google is pushing to have the Texas-led antitrust case targeting its digital ad technology tried to a judge instead of a jury, saying state enforcers are not entitled to have a jury decide whether the company violated the law or what penalties should be imposed if it did.
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December 03, 2024
Fed. Circ. Won't Revive Vehicle Security Patent Suit
The Federal Circuit on Tuesday backed a lower court's finding that a vehicle security patent owned by consumer electronics company VOXX International Corp. was invalid as abstract, handing a win to a company it targeted in an infringement suit.
Expert Analysis
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Lessons For Municipalities Facing Cyberattacks
With municipal IT teams facing the daunting task of keeping agencies operational while safeguarding sensitive government data, including residents' and employees' personally identifiable information, there are steps a municipality can take to guard against a major cyberattack, say attorneys at Pillsbury.
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New Export Control Guidance Raises The Stakes For Banks
Recent guidance from the Bureau of Industry and Security alerts banks that they could be liable for facilitating export control violations, the latest example of regulators articulating the expectation that both financial institutions and corporations serve as gatekeepers to mitigate crime and aid enforcement efforts, say attorneys at Freshfields.
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Opinion
Judicial Committee Best Venue For Litigation Funding Rules
The Advisory Committee on Civil Rules' recent decision to consider developing a rule for litigation funding disclosure is a welcome development, ensuring that the result will be the product of a thorough, inclusive and deliberative process that appropriately balances all interests, says Stewart Ackerly at Statera Capital.
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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.