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What if Apple and the FBI went to SCOTUS?

Davis Wright attorneys Robert Corn-Revere and Ronald London recently argued the privacy and First Amendment interests in a “moot Supreme Court” session at the Newseum that sought to approximate appellate review of the issues...more

A $10 Billion Idea, without a Patent, is just an Idea

Have you ever seen an ad for something and thought to yourself, “Hey, I had that idea years ago!” Some people take that thought a step further. One Florida man claims to have invented the iPhone in 1992, and is suing Apple to...more

No Password? See You In Court?

Many headlines have been generated over recent attempts to recover highly desired data from a locked smart device after the death of the device’s owner. While the legal battle between Apple and the FBI over information...more

You Be the Judge: The Dispute Between Apple and The FBI/DOJ

Under the Constitution, the federal courts are courts of “limited jurisdiction,” which essentially means that, in the absence of a specifically delineated judicial power provided under the Constitution or federal law, the...more

Need to Decrypt an iPhone? There’s an “Act” for That

A pair of recent cases pitted the U.S. Department of Justice (DOJ) against Apple, Inc. (Apple) in a Herculean struggle between asserted interests in national security and privacy. In both cases, the DOJ relied on the same...more

More Questions than Answers – The DOJ’s Sudden Change in Tactics in the Apple iPhone Encryption Dispute

In the ongoing iPhone encryption battle between the Department of Justice (“DOJ”) and Apple, March 22, 2016 might have been a pivotal moment in the national discourse on digital privacy rights, encryption, and the bounds of...more

Apple Argues It Should Not Be Compelled to Write Software for the F.B.I.

On February 16, 2016, Magistrate Judge Sheri Pym in the United States District Court for the Central District of California issued an order compelling Apple, Inc. to provide technical assistance to the F.B.I. so it can access...more

The Law Behind the Apple vs. FBI iPhone Unlocking Debate

By now, you have probably read about how the FBI is asking Apple to create software that would help the FBI unlock the iPhone of one of the deceased San Bernadino attackers. You have probably heard the talking heads scream...more

iWon’t: Apple’s Face-Off with the DOJ

In what is quickly becoming one of the closest-watched cases in the country, Apple is now at loggerheads with the Department of Justice and FBI over its refusal to unlock the iPhone of one of the San Bernardino shooters....more

Apple vs. FBI: The House Judiciary Committee Hearing and Takeaways

Among the major headlines dominating not only the recent news cycle, but also this week’s RSA Conference in San Francisco, has been Apple’s challenge to the federal government’s request that Apple assist in unlocking the...more

Federal Circuit Gives Samsung Another Victory Against Apple In The Smartphone Patent War

In another twist of fortunes in the long-running smartphone patent war between Apple and Samsung, the U.S. Court of Appeals for the Federal Circuit has once again overturned Apple’s patent infringement jury verdict – this...more

Should Apple Always Have a Key to All iPhone Data? To Some iPhone Data?

On February 16, 2016, U.S. Magistrate Judge Sheri Pym of the U.S. District Court for the Central District of California issued an Order under the All Writs Act directing Apple Inc. to cooperate with efforts by the Federal...more

Your daily dose of financial news The Brief – 3.1.16

Apple’s gained some welcome federal precedent in its battle to resist unlocking its phones for the federal government, thanks to an EDNY drug case in which federal magistrate judge James Orenstein denied the government’s...more

Apple’s DOJ Battle Sratches the Surface of Encryption Debate

By now you are likely aware of Apple’s ongoing battle with the Justice Department over the scope of the All Writs Act and its resistance of a federal court’s order compelling Apple to create special software that would unlock...more

Police Make iPhone Public Enemy No. 1

FBI Director James Comey took a rare break from the posturing typical of investigators and prosecutors in the current showdown between Apple and the FBI. While prosecutors argue that Apple’s privacy concerns are a smokescreen...more

Apple vs. FBI- What’s Really at Stake?

The Apple vs. FBi case has sparked fireworks in recent days and for good reason. The FBI is relying on a 227-year-old statute called the All Writs Act to support its request for Apple to hack the San Bernadino iPhone that...more

Backdooring Investment Security (On the Apple Case)

There's lots of talk about information security with the Apple case. But, perhaps just as important, the case also raises important concerns relating to investment security and to the predictability of our markets and laws. ...more

FBI Recruits Apple to Help Unlock Your iPhone

It is a well-known maxim that “bad facts make bad law.” And as anybody even casually browsing social media this week likely has seen, the incredibly tragic facts surrounding the San Bernadino attacks last December have led...more

Five on Monday – Five Recent Developments that We’ve Been Watching Closely

Time for another overview of developments in the field of business and human rights that we’ve been monitoring. This past week’s post includes: Apple’s refusal to comply with a federal court order; a new report...more

Apple ordered by federal magistrate judge to assist with unlocking of San Bernardino shooter’s iPhone

Apple was ordered by a federal magistrate judge to provide “reasonable technical assistance” to federal investigators to unlock the password and access the encrypted data on a specific iPhone 5c used by Syed Farook, one of...more

FBI v Apple: Using a 1789 Law in a 21st Century Privacy Fight

Earlier this week Apple CEO Tim Cook announced to Apple customers that the company would oppose a federal court order (the “Order”) issued on February 16, 2016 that the company believes “threatens the security of our...more

Federal Court Orders Apple to Unlock San Bernardino Gunman’s Phone

Apple must help the FBI unlock an iPhone used by one of the attackers in the San Bernardino, Calif. assault in December, a federal magistrate judge ruled this week. The ruling handed the government an important victory in an...more

The “Smart Phone” Wars – Episode VII: Will the Force of the Supreme Court Awaken?

Design patents protect the ornamental features of utilitarian objects, that is, the uniqueness of aesthetic features, form, or configuration of products. Design patents can be a significant weapon in the intellectual...more

A Decision Not to Institute a Trial at the PTAB Does Not Carry Much Weight in Federal Court

Two recent cases show that simply avoiding a post-grant review proceeding at the U.S. Patent Office’s Patent Trial and Appeal Board (PTAB) not only does not preclude a defendant in underlying patent infringement litigation in...more

Second Bite at the Apple in AT&T Aftermarket Case?

On December 14, 2015 Judge Yvonne Gonzalez Rogers heard oral argument on a motion to dismiss filed by Apple in an antitrust action brought against the company in connection with its 2007 deal to sell iPhones exclusively to...more

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