Apple

News & Analysis as of

Carta de Error! Copyright Takedown Notice To iTunes May Give Rise to Misrepresentation Liability

Section 512(f) of the Digital Millennium Copyright Act makes parties who issue copyright takedown notices liable for any “knowing” misrepresentations in those notices. However, the Ninth Circuit in Rossi v. Motion Picture...more

Britto v. Apple: Utilizing the IP Kitchen Sink

Can an artist’s particular style of art constitute both copyrightable expression and trade dress? Brazilian artist Romero Britto has filed suit against two artists known as “Craig & Karl” for copyright infringement —...more

Data Encryption and Its Potential Effect on Litigation and Discovery

In September 2014, Apple introduced a new mobile-operating system called iOS8. iOS8 offers enhanced data-encryption protection to Apple users and the content stored on their mobile devices. Apple's advancements in...more

Tracking #AliceStorm: The Dead Keep Piling Up

For the first week of April, AliceStorm continues unabated, and though the indices are down, the damage spreads. Not surprisingly, the Eastern District of Texas appears to have become the eye of the storm--that place of calm...more

New Smartphone Software Provides Groundbreaking Opportunity for Medical Research

Smartphone applications ("app") are saturating the health care world in numerous and various ways. There is an app to track your sleep, one to track your heart rate, one to track steps and even one to measure your blood...more

Privacy Tuesday – April 2015 – Play Ball! (and other privacy-related bytes)

Not only is it Privacy Tuesday but yesterday was – OPENING DAY! After this long, long winter … welcome back baseball! It’s usually an end-of-season tradition for some baseball writers and announcers, but I like to...more

California Environmental Law & Policy Update - March 2015 #4

Environmental and Policy Focus - EPA emissions rules face Supreme Court test: NPR - Mar 25: On April 1, the Supreme Court will hear a challenge to Obama Administration rules aimed at limiting the amount of mercury and...more

Wearable Tech in the Workplace, Version 2.0

Wearable technology or wearable tech is the latest craze in personal electronics. The phrase encompasses anything electronic that is worn by a user. It took center stage at the 2014 Consumer Electronics Show, and since then,...more

Apple’s ResearchKit Turns iPhones into Medical Devices

Apple recently released ResearchKit, an open-source software platform that allows scientists to gather medical data using an individual’s own iPhone. According to The Asian Age, the new platform allows iPhone users to easily...more

Mobile Passport Control Expansion

In its most recent foray into utilizing technology at the border, U.S. Customs and Border Protection (CBP) expanded Mobile Passport Control (“MPC”) to Miami International Airport. MPC is an authorized app available via both...more

Payphones: It’s a Whole New World

Someone must have once echoed those sentiments back in the 1890’s when payphones as we knew them were first introduced to the public. Now, as then, payphones were created as a convenience to be used in public places, mostly...more

UPDATE-Second Bite of Apple, Court Approves $415 million High-Tech Giants Wage-Fixing Settlement

As discussed in my initial blog post on the topic, Google, Apple, Intel and Adobe stand accused of conspiring not to poach one another’s employees in order to keep wages down. And as discussed in my update, the Court rejected...more

Drones, Googleplexes and Hyperloops

I don’t know if it’s just me, or if there has been a lot of news lately along the fringes of technology and construction... ...more

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

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