Algorithms

News & Analysis as of

That is SO last week - August 2015 #4

We’ve been talking potential bias in big data for some time now, and last week’s news was full of concerns about just that. The New York Times Upshot Blog interviewed a Microsoft computer scientist on the subject; NBC News...more

Embracing the Upside of Technology Assisted Review (TAR) in E-Discovery

It was not terribly long ago that electronically stored information (ESI) collection and subsequent review looked a lot like this: gather up printed emails, scan them into the system with optical character recognition (OCR)...more

Oh, the Humanity. Why Real, Live Editors are Making a Comeback

I’m not sure where they—or we, I suppose—went off to, but the consensus seems to be that, as Julia Greenberg wrote in Wired, “humans are making a comeback.” The headline on that article, “LinkedIn Brings Back Human...more

Big Data & Employer Recordkeeping Requirements

Last week, the Equal Employment Opportunity Commission sued a janitorial and facilities management company for its failure to keep adequate recruitment records. The EEOC alleges that the company used “criminal history...more

That is SO last week - July 2015 #2

Last week, The New York Times’ The Upshot blog covered a topic that has been one of our top concerns for a while: how big data can discriminate. The post followed a Carnegie Mellon University study that reported, among many...more

Only Basic Functions of a Processor Avoid Need for Disclosed Algorithm - EON Corp. IP Holdings LLC v. AT&T Mobility LLC

Addressing the question of what corresponding structure must be disclosed to support a means-plus-function claim element, the U.S. Court of Appeals for the Federal Circuit upheld a district court finding that eight...more

SEC Halts “Smart Contract” Exchange Built on Silicon Valley Start-Ups

Two entrepreneurs wanted to create a business that centered on valuing private start-up companies. They experimented with models that began with a variation of “fantasy sports,” changed to a contest and became a game. It...more

Supreme Court to Consider “Trial by Formula” and Standing of Non-Injured Class Members in Tyson Foods

The Supreme Court recently granted Tyson Foods’ petition for certiorari which presents to the Court two important class action issues: (1) Whether differences among individual class members may be ignored and a class...more

Blog: General Wellness Products: Will the FDA Regulate Your Medical App or Device?

In January 2015, the U.S. Food and Drug Administration (FDA) released its draft guidance on general wellness products, a reassuring indication that the FDA will focus its efforts on regulating higher risk products rather than...more

Blink and You’ll Miss It: In Lanier v. BATS Exchange, Inc., the Southern District of New York Dismisses Case Alleging Damages as a...

In the blink of an eye, high-frequency trading systems can engage in a staggering number of securities transactions. The subject of Michael Lewis’s popular book, Flash Boys, high-frequency traders seek to maximize profits by...more

How Smart, Connected Due Diligence Systems are Transforming Third Party Risk Management

The compliance field is in the early stages of a paradigm shift on managing due diligence—moving from a data drought to a data flood. Today’s compliance manager has to figure out how to proactively and continuously manage,...more

Tips For Meeting The Evolving Standard For Indefiniteness

The U.S. Supreme Court reigned in the Federal Circuit’s indefiniteness standard for patent claims almost a year ago in Nautilus Inc. v. Biosig Instruments Inc. Recently, on April 27, 2015, the Federal Circuit revisited the...more

Can Computers Conspire to Fix Prices?

Strange as it sounds, maybe we’re getting closer to the day we have to seriously consider liability for computer conspiracies. On April 6, David Topkins, a former executive of an e-commerce seller of posters, prints and...more

First E-commerce Price Fixing Prosecution Yields Swift Guilty Plea

In what it is calling the Antitrust Division’s “first criminal prosecution against a conspiracy specifically targeting e-commerce,” the Department of Justice has announced that an individual has agreed to plead guilty to...more

What Attorneys Need to Know About Google’s Approach to Mobile

On the 21st of this month, Google is slated to make a change that will have a more profound impact than the hundreds of other algorithm changes it makes throughout the year. Lawyers who may receive a lot of business from...more

Department of Justice's Antitrust Division Brings First E-Commerce Prosecution

Marking a foray into e-commerce, the United States Department of Justice (DOJ) recently announced its first antitrust prosecution for price fixing in online marketplaces. On April 6, 2015, the DOJ announced that it has...more

AliveCor, Inc., Maker of Smart Phone-Based ECG Device, Receives FDA Clearance for Two New Algorithms that Provide Users Immediate...

San Francisco-based AliveCor,Inc. recently announced that the U.S. Food and Drug Administration (FDA) granted the company clearance for two new algorithms for its Smart Phone-based ECG device, the AliveCor Heart Monitor and...more

Seeking Patent Protection on Computer Implemented Inventions? Disclose the Specific Algorithms Employed in the Implementation

I commented in a prior blog on the lack of clarity in the patent law with respect to the patent eligibility of computer-implemented inventions. Recent cases reflect an even further tightening of the rules with respect to...more

SEC’s Broken Window Enforcement Program Gets a Boost from “Quantitative Analytics” and “Algorithms”

The SEC announced last week that it had charged, in settled administrative proceedings, 28 individuals and investment firms that failed to “promptly report information about their holdings and transactions in company stock”...more

A More Progressive Case for the Use of Technology-Assisted Review

As we mentioned in a recent blog post, a federal magistrate judge in the District of Nevada recently refused to allow a party to use technology-assisted review (TAR) on top of its use of search terms to screen documents...more

SEC Charges Tied to the Lack of An Algorithm

High speed trading and the use of algorithms is a key topic of debate. An investment strategy centered on an algorithm for use in the currency markets is at the center of a settled administrative proceeding filed by the...more

No Need to Panic. Changes to Search Algorithms are Constant.

Recent changes to Google’s guidelines coupled with statements from Matt Cutts, the head of Google’s Webspam team, that disparage the usefulness of press releases have made many firms nervous about their rankings and the...more

Algorithm Penalty Recovery Tips for Lawyers

Google’s Panda and Penguin updates have changed the way search engines function. Unfortunately, those changes have also been accompanied by massive penalties to some law firm websites; around 12% of all search traffic was...more

Getting Rid of Bad Backlinks for Lawyers

A standout link profile is at the heart of legal search engine optimization. This sort of online networking not only aids in the connection to related sites, but it also satisfies Google’s search algorithms in a manner that...more

Intellectual Property Newsletter - March 2013

*News from the Bench: - First Sale Doctrine Applies To Copyrighted Works Lawfully Made Abroad. - Dissenting Federal Circuit Judges Abide By The Akamai Standard. - More On Joint Infringement and The Akamai...more

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