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Technology
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December 04, 2024
Meta Persuades PTAB To Ax 2 Earphone Patents
The Patent Trial and Appeal Board has found that Meta was able to show that every claim in a pair of earphone patents owned by Eight kHz is invalid, holding they are obvious.
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December 04, 2024
RealPage Says DOJ's Antitrust Markets 'Hide The Ball'
RealPage has urged a North Carolina federal court to throw out the government's antitrust case against it, arguing that enforcers have not shown that use of its software is raising rental rates in any part of the country and that landlords use it to offer competitive rents.
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December 04, 2024
Aya Healthcare Buys Fla. Peer Cross Country In $615M Deal
Talent software and staffing company Aya Healthcare, steered by Procopio, will acquire Davis Polk & Wardwell-guided Cross Country Healthcare in an $18.61-per-share cash transaction worth roughly $615 million that will take the company private, according to a Wednesday statement.
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December 04, 2024
Fed. Circ. Sends UC System LED Patent Claims Back To PTAB
The Federal Circuit on Wednesday found that the Patent Trial and Appeal Board has to partially rethink its finding that claims in a filament LED light bulb patent owned by the University of California system were too obvious to warrant patent protection.
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December 04, 2024
Frontier To Pay $288K FCC Fine Over Broadband Data
Frontier Communications has agreed to pay almost $288,000 to end a Federal Communications Commission probe into a Wisconsin agency's claims that the internet service provider submitted inaccurate information to the FCC during a challenge to data used in mapping national broadband service, according to a consent decree made public Wednesday.
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December 04, 2024
Uber Investors' Attys Awarded $58M In $200M IPO Suit Deal
A California federal judge granted final approval Wednesday to Uber's $200 million deal settling class claims from investors accusing it of making false and misleading statements ahead of its initial public offering, and also awarded $58 million for attorney fees that he called quite "substantial" but "warranted."
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December 04, 2024
Amazon Held To Prior Fights, Ongoing Rules In Antitrust Row
Amazon.com Inc. can't duck updated consumer antitrust suits because it failed to raise some arguments against prior iterations and because plaintiffs adequately alleged substantial, ongoing anticompetitive conduct and effects from rules punishing sellers who offer their goods cheaper elsewhere, according to a decision unsealed in Washington federal court.
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December 04, 2024
Chinese Semiconductor Co. Seeks OK Of Emergency Award
A Chinese semiconductor company has asked a California federal court to enforce an emergency arbitral award barring a commodity trading firm from dissipating its assets as the two companies arbitrate a $5.4 million dispute over a botched contract for two lithography machines.
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December 04, 2024
Outgoing FCC Chief Lacerates With A Grin At 'Telecom Prom'
Lawyers who gathered for the telecom bar's marquee yearly dinner Tuesday were treated to the traditional night of sardonic wit as the outgoing head of the Federal Communications Commission took aim at the new power structure looming in Washington, D.C.
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December 04, 2024
FTC Slams IntelliVision's Facial Recognition Bias Claims
The Federal Trade Commission has ordered artificial intelligence facial recognition software maker IntelliVision Technologies to stop misrepresenting that its software was free of racial and gender bias.
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December 04, 2024
Viks' Bid To Duck Bank May Hinge On Norway Orders
A Connecticut state court judge noted repeatedly on Wednesday that Deutsche Bank AG has not provided her with copies of Norwegian judgments to undergird its argument that billionaire Alexander Vik and his daughter tortiously harmed the value of an asset sale, but the bank said the material is not necessary to let its lawsuit escape summary judgment.
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December 04, 2024
Fed. Circ. Backs NY Judge In Freeing Meta From Patent Suit
The Federal Circuit on Wednesday wouldn't revive a software company's suit claiming Meta Platforms Inc. infringed patents on digital data storage and organization, agreeing with a decision that the evidence couldn't back a finding that the Meta features at issue covered all parts of the patent claims.
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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."
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.