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Bernstein Shur Business and Commercial Litigation Newsletter #49

We are pleased to present the 49th edition of the Bernstein Shur Business and Commercial Litigation Newsletter. This month, we highlight recent cases that address patent infringement claims, erroneous termination of security...more

Bargaining with Apple: Understanding the iOS Developer Program License Agreement

This article, which focuses on the iOS Developer Program License Agreement, is the second of two articles geared at helping app developers understand the fine print of the agreements they are asked to enter into with the...more

Update on President Obama’s “Summit on Cybersecurity and Consumer Protection,” Part I

The first ever Summit on Cybersecurity and Consumer Protection was convened today at Stanford University, keynoted by President Obama. The purpose of the summit: to “bring[] together major stakeholders on consumer financial...more

Apple makes California solar deal

Electronics manufacturer Apple has announced an $848 million deal to buy electricity from a solar energy project to be developed in California. Project developer First Solar has described the power purchase agreement as "the...more

Lab Tuesday - How Not to Use Apple’s Identifier for Advertising (IDFA/IFA)

Recently, the mobile platforms have played an important role in improving end-user privacy. Along these lines, Apple, in or around iOS version 6.0, created a new, unique identifier that could be used in place of the UDID and...more

European Commission extends State aid probe into Belgian tax scheme

The European Commission (“Commission”) has opened a fifth formal State aid investigation into national tax rulings. This investigation concerns the Belgian “excess profit” provision, which allows multinational groups to...more

Is the Patent Litigation Boom Coming to an End?  [Video]

Feb. 3, 2015 (Mimesis Law) -- David Marcus, reporter for The Deal, talks with Lee Pacchia about how a recent sale of a patent portfolio could signal a slowdown in patent litigation work. Lee wonders if this spells a problem...more

IP Newsflash - January 2015 #3

FEDERAL CIRCUIT CASES - Akin Gump Wins Summary Judgment of Non-Infringement - Akin Gump obtained a significant victory on summary judgment for HTC and AT&T in a patent infringement case against Adaptix, Inc., an...more

Apple Pay and Google Wallet: Mobile Payment Going Mainstream

When Apple announced on September 9, 2014 that the iPhone 6 would be equipped with a mobile payment system appropriately called Apple Pay, the entire mobile payment universe woke up. Although competitors had existed for...more

Manatt Digital Media - January 2015

Welcome to MDM Newsletter #5—and to an entirely new year of Digital Media machinations. What better way to start the year than first recapping the last one—then predicting major themes for 2015—and then ending things up with...more

Antitrust Class Actions Against Employers: A Silicon Valley Special?

One substitute for non-competes with employees is a no-hire agreement with competing employers. As the continuing litigation toll in the Silicon Valley illustrates, that option is illusory...more

UPDATE-The Employees Strike Back: High-Tech Giants Increase Settlement Offer in Wage-Fixing Suit

As discussed in my prior blog post, Google, Apple, Intel and Adobe stand accused of conspiring not to poach one another’s employees in order to keep wages down.  Attorneys representing the class-action employees agreed to...more

Smartflash v. Apple: District Court Excludes Damage Theory Based on Survey Responses That Were Insufficient to Show That the...

Plaintiffs Smartflash LLC and Smartflash Technologies Limited (collectively "Smartflash") filed patent infringement actions against Apple, Inc. ("Apple"), Samsung Electronics Co., Ltd., Samsung Electronics America, Inc.,...more

Jobs-ed: New Class Action Pulls Apple into California’s “Food Court”

In our continuing efforts to highlight litigation trends that affect consumer product companies, we often focus on class actions brought in California and, especially, its federal Northern District. The Northern District of...more

Monster Bites Back, Accuses Beats of Monstrous Scam

It’s a monster movie cliché – near the end, when the monster is “dead,” the dust is settling and the heroes are patting each other on the back, the monster rises from the dead and goes on one more rampage before it expires....more

Daubert Challenge to Damage Expert Denied Where Contested Matters Were for Cross-Examination and Not Proper for Exclusion

In this patent infringement action, Apple challenged the opinions of the plaintiff's damage expert on several bases, including the determination of a royalty rate based on the price of third-party applications....more

Second Circuit Hears Oral Argument in Apple E-Book Appeal

On Monday, the United States Court of Appeals for the Second Circuit heard oral argument in Apple’s appeal in the e-book price-fixing lawsuit brought by the Department of Justice. This appeal follows an adverse decision from...more

The Employees Strike Back: High Tech & Hollywood Caught Red Handed in Wage-Fixing Class Actions

When you think of a monopoly you probably think of Rich Uncle Pennybags or oil tycoon John D. Rockefeller, but maybe you should think of Princess Elsa from Frozen or the iPhone 6 instead. The largest Hollywood animation...more

Like Steve Jobs, Unavailable Witnesses Can Still “Appear” at Trial

In the trial of an antitrust case against Apple, Steve Jobs will come back to life as a key witness—if only in the form of his videorecorded deposition....more

Bernstein Shur Business and Commercial Litigation Newsletter #46

We are pleased to present the 46th edition of the Bernstein Shur Business and Commercial Litigation Newsletter. This month, we highlight recent cases that address class actions pending against Silicon Valley companies,...more

Apple Strengthens Privacy Protections

Apple recently changed its privacy policy which has made headlines – it will no longer unlock iPhones and iPads for law enforcement. Prior to this change, Apple would assist law enforcement in unlocking Apple devices when...more

Google Play and the Slow Transition to Mobile for Real Money Gaming

If the past 10 years have taught us anything it’s that the future is not just online, it’s on the go. For countless consumers, mobile and tablet devices are the preferred method of accessing online content. After a slow...more

Business Law Newsletter - November 2014

In This Issue: - Look Before You Click “Agree”: The Importance of Negotiating Your Company’s Software License Agreements - Fraud in Virginia - Common Myths about Copyright and the Internet - Excerpt from...more

Apple Motion to Stay Litigation Pending an IPR Is Denied by the District Court for the Northern District of California

In the matter pending in the Northern District of California, Aylus Networks, Inc. v. Apple, Inc., Apple moved to stay the litigation pending inter partes review of the patent-in-suit. On October 9, 2013, plaintiff Aylus...more

Two Privacy Class Actions: Facebook and Apple (Part 2)

This was a claim by a representative plaintiff, Ms. Ladas, alleging that Apple breached the customer’s right to privacy under the Privacy Act (B.C.), since iOS 4 records the location of the “iDevice” (that’s the term used by...more

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