News & Analysis as of

Microsoft loses third round of battle against extra-territorial warrants

On 31 July, the chief judge of the Southern District of New York delivered the latest in a series of controversial judgments stemming from a test case brought by Microsoft in an extra-territorial warrant issued under the U.S....more

A Window into the Future for Apple’s Trade Dress?

A few weeks back, Steve discussed Apple’s recent applications to register a trio of non-verbal trademarks, shown below...more

Southern District Opinion Allows Seizure of Emails From Host Provider With Minimal Showing of Probable Cause

A Southern District of New York Magistrate Judge last week approved the government’s ability to conduct searches and seizures of entire email accounts stored by third-party providers like Google, Microsoft, Yahoo! and Apple...more

What Marriage Equality Means for Your Employee Benefits

A frequent headline in the news as of late has been “Federal Judge in State X finds same-sex marriage ban unconstitutional” and then shortly thereafter “Hundreds of couples marry in State X” complete with a picture of a...more

Cloud Computing Is a Hot Topic… in Business and the Courtroom

Cloud computing sales are poised to triple by 2017, according to IHS Technology. With growth comes competition and the potential for disputes, both intellectual property-related and otherwise. This article surveys some of the...more

Legal Alert: UPDATE: The Hare Loses Steam – Patent Litigation Reform Law Unlikely This Year

Efforts by the U.S. Senate to pass an alternative to the Innovation Act, which aims to reform abusive patent litigation, have stalled. Sen. Patrick Leahy, who is leading the effort, has announced that his committee is tabling...more

Activist Investing Gains Momentum: The Top Ten For 2013

Some have called this the ‘golden age of activist investing.' Others have described the current climate in a less flattering light, as ‘Investor Activism Gone Wild.’ Pitched battles have played out on a very public stage as...more

Developments in Patent Law 2013; The D.C. Bar Year in Review

In this article: - Patentability, Validity, and Procurement of Patents - Interpretation and Infringement of Patents - Enforcement of Patents - Patents at the U.S. Supreme Court - Excerpt...more

Wearable Computing—The Next Front in the Smartphone Wars?

The rapidly shrinking size of computer components and the development of high-speed wireless signaling technologies have made mobile computing devices ubiquitous. Users can now access data and applications from virtually...more

Robocast v. Apple and Microsoft: Preliminary Surveys Ordered Produced Even Where Expert Did Not Rely Upon Surveys and Had Deleted...

Robocast filed patent infringement actions against Apple and Microsoft. As expert reports were underway, Apple and Microsoft moved to compel undisclosed surveys that were commissioned by one of Robocast's experts. As the...more

Apple Store Design Now a Registered Trademark

Duets readers everywhere may recall my shock back in June 2011 when I encountered the first Microsoft brick-and-mortar store at the Mall of America. Now, about two years later, the store is still there, located right across...more

"New Year Will See More Policing of Patent Conduct by US and EU Competition Agencies"

If recent events are any indication, U.S. and European antitrust agencies will remain focused this year on the intersection of intellectual property and competition law. In particular, the agencies have concluded that under...more

Privacy-on-the-Go: California Attorney General and Major Mobile Application Platforms Agree to Privacy Principles for Mobile...

Application developers have been put on notice by the State of California. It is time to pay attention to user privacy and collection of information from user devices. In an effort led by the office of California...more

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