Apple

News & Analysis as of

Non-Apportioned Damages Awards Can Make Design Patents Highly Valuable

Companies should make design patents a key part of a company’s patent strategy due to the possibility for non-apportioned awards for design patent infringement. For companies manufacturing products in high volume, especially,...more

That is SO last week - August 2015 #5

That infamous Ashley Madison data became searchable last week. Spouses, friends, and employers can now search the data to see if they know anyone who registered with the site. This development caused some to wonder if an...more

Business Litigation Report - August 2015

Extradition for U.S. Antitrust Crimes: An Anomaly or the New Normal? - In April 2014, Germany extradited Romano Pisciotti, an Italian national, to the United States to face criminal charges related to his alleged...more

Calculating the Incalculable: Reputational Damage (Part I of III)

Today I am beginning a three-part series on reputational damage. The first part tries to define the term “reputational damage;” the second part focuses on managing threats to a company’s reputation and the final posting...more

Apple’s Tim Cook Versus Regulation FD

According to multiple media sources, an interesting story played out this past Monday when Tim Cook, the CEO of Apple, Inc., responded to an email from Jim Cramer, host of CNBC’s “Mad Money” program. The story serves as a...more

August 2015: Trademark/Copyright Litigation Update

Federal Circuit Invalidates Apple’s iPhone Trade Dresses as Functional. On May 18, 2015, the Court of Appeals for the Federal Circuit reversed a judgment of the Northern District of California that Samsung had diluted Apple’s...more

Motion for Judgment on the Pleadings Based on Unpatentability Under Section 101 Denied Where Patents Were Not Directed to an...

Defendants Motorola Mobility, LLC, Amazon.com, Inc., Apple Inc., Huawei Technologies Co., Ltd., Huawei Device USA, Inc., HTC Corp., HTC America, Inc., Samsung Electronics Co., Ltd., Samsung Electronics America, Inc., and...more

Smartflash v. Apple: District Court Stays Case Sua Sponte Based on Pending Covered Business Method ("CBM") Patent Review

The court had previously stayed a cased pending between Smartflash LLC and Amazon and simultaneously declined to stay an earlier-filed case between Smartflash LLC and Apple, Inc. because the stay request came after a jury...more

New Netflix Original: “Unlimited” Parental Leave

Netflix, a pioneer in on-demand internet streaming, is well-known for its “Netflix Original” series—and has recently added “unlimited” parental leave to its line-up. On Tuesday, August 4, 2015, Netflix announced a new...more

An Apple A Day Keeps Employers Awake

Bloomberg just reported last week that the Apple Watch “is eroding demand for traditional timepieces.” That’s not just a bad sign for watch retailers, but for employers who continue to have to keep up with the ever-shrinking...more

Keep the Petitions Concise - Apple, Inc. v. Contentguard Holdings, Inc.

Addressing the issues of voluminous petitions and obviousness, the U.S. Patent and Trademark Office’s (PTO) Patent Trial and Appeal Board (PTAB or Board) denied a request to institute an inter partes review (IPR), finding the...more

Authors and Booksellers to Justice Department: Investigate Amazon

We recently wrote about the Second Circuit’s June 30, 2015 decision affirming Judge Denise Cote’s decision that Apple conspired with five publishing companies to raise the price of e-books....more

Covered Business Patents Jurisdiction Continues to Develop - Apple Inc. v. Smartflash LLC

In three parallel decisions, the Patent Trial and Appeal Board (PTAB or Board) determined that patents directed to validating payment and then granting access to data were eligible for covered business method (CBM) review and...more

Two Prong Protection is the Best Approach for Product Configuration

It has long been possible to use both trade dress and design patent rights to protect three-dimensional designs that function as trademarks. One strategy has been to rely on design patent protection while a three-dimensional...more

The European Court of Justice on Enforcement of FRAND Patents: Huawei v. ZTE

The European Court of Justice (ECJ) rendered its highly anticipated ruling in Huawei v. ZTE on the enforcement of standard essential patents (SEPs) which are subject to a FRAND commitment. SEPs play a significant role in the...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

Smartflash v. Apple: After $500M Verdict, District Court Grants New Trial on Damages Based on Improper Use of Entire Market Value...

After a jury returned a verdict against Apple, Apple filed a motion for judgment as a matter of law or a new trial. The district court subsequently notified the parties pursuant to Rule 59(d) that it was considering granting...more

Equality Act of 2015 Seeks New Workplace Protections for Sexual Orientation and Gender Identity

Yesterday, companion bills were introduced into the House and Senate seeking the passage of the Equality Act of 2015, which would prohibit discrimination on the basis of sex, gender identity, and sexual orientation. The...more

European M+A News, Summer 2015

IP Pitfalls in Tech M&A Transactions - Technology and IP-driven deals accounted for over 30 percent of M&A deal volume in Europe in 2014. This trend is bound to continue, with many deals involving strategic or financial...more

Manatt Digital Media - July 2015

In this edition, we reflect upon the key digital media events of the first half of 2015 and present the major deals, developments and trends across video, music, gaming and virtual reality....more

That is SO last week - July 2015 #3

There’s just no rest for employment lawyers this summer. We had another exciting week. The biggest news was the EEOC’s ruling that Title VII prohibits discrimination on the basis of sexual orientation. The agency found that...more

Mobile App Legal Terms & Conditions: Six Key Considerations

For corporations, the mobile app is today’s website. Back in the late 1990s, no self-respecting company, no matter how stodgy and old-fashioned, wanted to be without a website....more

Is Creepy Compensable?

A watchful eye can be a good thing. We all want to keep an eye on what’s important. In an increasingly fast-paced world, however, it gets harder. The Internet and advances in mobile technology put so much information at our...more

Second Circuit Continues the Ebook Saga by Affirming Apple’s Role in an Unlawful Price Fixing Conspiracy

On June 30, 2015, the same day as the launch of Apple’s new streaming music service, the Second Circuit Court of Appeals coincidentally affirmed a district court ruling that Apple conspired with five of the country’s largest...more

Second Circuit Affirms Ruling Against Apple in E-book Price-Fixing Case

We have previously posted about United States v. Apple, Inc., a blockbuster trial that ended with Judge Denise Cote of the Southern District of New York concluding that Apple had conspired with five publishing companies to...more

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