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Technology
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July 19, 2024
Calif. Alice Invalidations Block Koss' PTAB Appeal At Fed. Circ.
The Federal Circuit on Friday said it won't review whether the Patent Trial and Appeal Board rightfully invalidated some claims of Koss Corp.'s wireless earphone patents, as the patents were definitively invalidated in California.
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July 19, 2024
12 Firms Guiding IPO Quartet Projected To Exceed $5B
Twelve law firms are on tap to guide four initial public offerings scheduled for the week of July 22 that could exceed $5 billion combined, led by potentially the year's largest IPO from cold-storage warehouse giant Lineage Inc.
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July 19, 2024
San Francisco Lawmaker Floats Rent Algorithm Software Ban
A San Francisco lawmaker proposed a ban that would prohibit selling or using software that can be used for rent price fixing, and took aim at property management software companies such as RealPage and Yardi for their software allegedly being used for such a purpose.
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July 19, 2024
Two Class Atty Teams Challenge EngageSmart Deal In Del.
A new and an amended stockholder complaint have taken aim in Delaware's Court of Chancery at the $4 billion January take-private acquisition of customer engagement and payments venture EngageSmart Inc. by interests of Vista Equity Partners, following a Thursday deadline for consolidated complaint and lead attorney and plaintiff proposals.
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July 19, 2024
A Guide To The USPTO's Long List Of Requests For Comment
The U.S. Patent and Trademark Office has kept attorneys busy this year by seeking input on numerous patent issues and proposed rules. Here's a cheat sheet to the topics where feedback has been collected, from fee hikes to director reviews, and those with upcoming comment deadlines, including artificial intelligence.
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July 19, 2024
FTC Says Microsoft Price Hike Shows Activision Deal Harm
The Federal Trade Commission told the Ninth Circuit that Microsoft's recently announced Game Pass price increase is an example of the harm caused by the company's $68.7 billion acquisition of game developer Activision Blizzard Inc.
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July 19, 2024
Judge Recuses As Tech Firm Slams Dow Chemical's Request
An Ohio federal judge has recused himself from a trade secrets case brought against Dow Chemical Co. after the technology firm that sued it showed the court a settlement offer without approval that would grant Dow Chemical's recusal motion, which the tech firm said was a "cavalier approach to a drastic remedy."
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July 19, 2024
Several State Courts Impacted By Global Tech Outage
Several state courts have been impacted by a global Microsoft Windows outage Friday morning causing operational challenges and courthouse closures.
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July 19, 2024
Apple Wants Litigation Funder To Explain Role In Patent Row
Apple Inc. wants a Delaware federal judge to order litigation funder Omni Bridgeway LLC to turn over documents explaining its relationship with Finnish company MPH Technologies Oy and its financial interest in MPH's ongoing patent litigation against Apple in California.
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July 19, 2024
Chancery Keeps Masimo Meeting Date, Speeds Up Politan Suit
Masimo Corp. will not have to reschedule its Sept. 19 annual meeting in response to a lawsuit from Politan Capital Management LP, but will need to respond to some of the activist investor's concerns before the meeting takes place, a Delaware Chancery Court judge said Friday.
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July 19, 2024
A Deep Dive Into The Top PE Funds Of 2024's First Half
The five largest private equity funds to close in the first half of 2024 show that fundraising continues to march toward a comeback, a path consistent with what private equity attorneys mapped out at the end of last year.
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July 19, 2024
Rising Star: Davis Wright's Adam Sieff
Adam Sieff of Davis Wright Tremaine LLP has defended social media and technology companies like Yelp, Google and TikTok against attempts to limit their speech, helping to block a California law that would have restricted how online content is created and published and earning him a spot among the technology law practitioners under age 40 honored by Law360 as Rising Stars.
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July 19, 2024
Kirkland, MoFo Steer $139M Take-Private Of Medtech Biz
Augmedix Inc., advised by Morrison Foerster LLP, on Friday announced its plans to go private following its sale to fellow healthcare technology company Commure Inc., advised by Kirkland & Ellis LLP, in a deal that values Augmedix at roughly $139 million.
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July 19, 2024
FCC Looking Into 911 Disruptions From Global IT Outage
The Federal Communications Commission said Friday it was helping investigate 911 service disruptions that resulted from a global information technology outage that affected numerous industries, including telecommunications.
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July 19, 2024
Judge OKs $47.5M QuantumScape Shareholder Deal
A California federal judge granted preliminary approval to a $47.5 million deal ending class action allegations by QuantumScape investors that the company made misleading statements about the quality of its batteries.
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July 19, 2024
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen a libel clash between comedian Paul Currie and the Soho Theatre Company over allegations of anti-semitism, technology giant Huawei face a patents claim by Mediatek, Westfield Europe pursue action against Clearpay Finance for contract breaches and tour operating company Carnival hit chartered airline Maleth Aero for significant flight delays. Here, Law360 looks at these and other new claims in the U.K.
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July 18, 2024
CoComelon Seeks Atty Fees And Sanctions After $23M IP Win
The company behind the popular children's YouTube channel CoComelon urged a California federal judge Thursday to follow up its $23.4 million copyright trial win by ordering a Chinese rival to pay an additional $6.5 million in attorney fees and costs, plus $1 million more for the rival's litigation misconduct.
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July 18, 2024
Feds Collar Would-Be 'Smart Ring' CEO For Investor Fraud
Los Angeles federal prosecutors have charged a Florida woman with securities and wire fraud with allegations detailing a $2 million investment scheme involving a purported "smart ring" company.
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July 18, 2024
Epic Says Apple's 'Strategic Delay' Tactics Still Ongoing
The ongoing fight between Epic Games and Apple over the tech giant's compliance with a court order meant to open up app payment competition showed little sign of abating as Epic continued to blast Apple for slow and incomplete production.
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July 18, 2024
Apple Wants 2 Trials In Masimo Trade Secrets And Patent Row
Apple has told a California federal judge that a November retrial in Masimo's suit against it should only cover claims including trade secrets that led to a mistrial last year after Masimo sought $1.85 billion, and that Masimo's patent claims should be tried later.
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July 18, 2024
Texas IP Firm Fights Microsoft With Dueling Sanctions Bid
Prolific patent litigator Bill Ramey has pushed back against Microsoft's bid to sanction his law firm in Texas federal court, filing his own sanctions motion that claims the tech giant and its attorney "gleefully" filed an improper declaration in the case to defame him and his firm.
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July 18, 2024
NTIA Gives FCC Routing Security Plan The Thumbs Up
The National Telecommunications and Information Administration says it's speaking for the Biden administration in throwing its weight behind the Federal Communications Commission's plan to impose new security rules regarding the crucial routing technology used by the internet.
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July 18, 2024
Fed. Circ. OKs Gilstrap's Alice Ax Of Background Check Patent
The Federal Circuit on Thursday upheld Eastern District of Texas Judge Rodney Gilstrap's invalidation of a background check patent for claiming only an abstract idea, as well as his refusal to award attorney fees to the small Texas city that prevailed in the case.
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July 18, 2024
Comcast Gets PTAB To Eye Patent Despite EDTX Trial
The Patent Trial and Appeal Board on Thursday said it will look into a petition by Comcast asking it to invalidate claims in a patent organizing "content on a display device" that is tied to a $338.7 million jury verdict and is being asserted in another case set to go to trial later this year.
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July 18, 2024
Google Warns Fed. Circ. Panel Backed Manipulating Damages
The Federal Circuit's decision to make Google pay EcoFactor $20 million for infringing a smart thermostat patent clears patent owners to "manufacture a royalty rate" and ignore both market realities and apportionment, Google told the full court in a bid for rehearing.
Expert Analysis
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Opinion
Flawed Fintiv Rule Should Be Deemed Overreach In Tech Suit
A pending federal lawsuit over the U.S. Patent and Trademark Office's unilateral changes to key elements of the America Invents Act, Apple v. Vidal, could shift the balance of power between Congress and federal agencies, as it could justify future instances of unelected officials unilaterally changing laws, say Patrick Leahy and Bob Goodlatte.
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Unpacking The Latest Tranche Of Sanctions Targeting Russia
Hundreds of new U.S. sanctions and export-control measures targeting trade with Russia, issued last week in connection with the G7 summit, illustrate the fluidity of trade-focused restrictions and the need to constantly refresh compliance analyses, say attorneys at Ropes & Gray.
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How Associates Can Build A Professional Image
As hybrid work arrangements become the norm in the legal industry, early-career attorneys must be proactive in building and maintaining a professional presence in both physical and digital settings, ensuring that their image aligns with their long-term career goals, say Lana Manganiello at Equinox Strategy Partners and Estelle Winsett at Estelle Winsett Professional Image Consulting.
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Assessing The Energy Act 2023, Eight Months On
Although much of the detail required to fully implement the Energy Act 2023 remains to be finalized, the scale of change in the energy sector is unprecedented, and with the U.K. prioritizing achieving net-zero, it is likely that developments will continue at pace, say lawyers at Paul Hastings.
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Determining Who Owns Content Created By Generative AI
Adobe's recent terms-of-service update and ensuing clarification regarding its AI-training practices highlights the unanswered legal questions regarding ownership of content created using artificial intelligence, says John Poulos at Norton Rose.
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Skip Versus File: The Patent Dilemma That Costs Millions
In the nearly 30 years since the inception of the provisional application, many have weighed the question of whether or not to file the provisional, and data shows that doing so may allow inventors more time to refine their ideas and potentially gain an extra year of protection, says Stanko Vuleta at Highlands Advisory.
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Firms Must Rethink How They Train New Lawyers In AI Age
As law firms begin to use generative artificial intelligence to complete lower-level legal tasks, they’ll need to consider new ways to train summer associates and early-career attorneys, keeping in mind the five stages of skill acquisition, says Liisa Thomas at Sheppard Mullin.
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What 4 Cyber Protection Actions Mean For Marine Transport
Several recent steps by the Biden administration are necessary to address the cyber threats that increasingly disrupt the maritime sector, but also impose new legal risks, liabilities and operating costs on the owners and operators of U.S.-flagged vessels and facilities, say attorneys at Holland & Knight.
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Cyber Takeaways For Cos. From Verizon Data Breach Report
Camilo Artiga-Purcell at Kiteworks analyzes the key findings of the 2024 Verizon Data Breach Investigations Report from a legal perspective, examining the implications for organizations' cybersecurity strategies and compliance efforts.
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Think Like A Lawyer: Always Be Closing
When a lawyer presents their case with the right propulsive structure throughout trial, there is little need for further argument after the close of evidence — and in fact, rehashing it all may test jurors’ patience — so attorneys should consider other strategies for closing arguments, says Luke Andrews at Poole Huffman.
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Tracking China's Push To Invalidate Foreign Patents
China’s increasing use of courts and administrative panels to nullify patents in strategically important industries, such as technology, pharmaceuticals and rare-earth minerals, raises serious concerns about the intellectual property rights of foreign businesses operating there, say Rajat Rana and Manuel Valderrama at Selendy Gay.
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3 Ways To Fight Alice Rejections Of Blockchain Patents
Excerpt from Practical Guidance
With blockchain-related patent application filings on the rise, Thomas Isaacson at Polsinelli offers strategies for responding to U.S. Patent and Trademark Office determinations that the blockchain network is just a generic computer and patent-ineligible under the U.S. Supreme Court's 2014 Alice v. CLS Bank decision.
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Takeaways From Nat'l Security Division's Historic Declination
The Justice Department National Security Division's recent decision not to prosecute a biochemical company for an employee's export control violation marks its first declination under a new corporate enforcement policy, sending a clear message to companies that self-disclosure of misconduct may confer material benefits, say attorneys at Perkins Coie.
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F1 Driver AI Case Sheds Light On Winning Tactics In IP Suits
A German court recently awarded damages to former F1 driver Michael Schumacher's family in an artificial intelligence dispute over the unlicensed use of his image, illustrating how athletes are using the law to protect their brands, and setting a precedent in other AI-generated image rights cases, William Bowyer at Lawrence Stephens.
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Lessons From Epic's Dutch Fine For Unfair Marketing To Kids
Dutch regulators' imposition of a €1.1 million fine on Epic Games for unfair commercial practices targeting children marks a significant moment in the ongoing scrutiny of digital market practices, and follows an increased focus on children's online safety in the U.S. and European Union, say attorneys at Crowell & Moring.