News & Analysis as of

Motion to Dismiss Technology Sector

A&O Shearman

DOJ Fails To Secure Jury Trial In Adtech Monopoly Suit After Damages Claim Mooted By $2.3 Million Cashier’s Check

A&O Shearman on

On June 11, 2024, the United States District Court for the Eastern District of Virginia granted defendant’s motion to dismiss plaintiffs’ damages claim in a lawsuit brought by the Department of Justice and eight states...more

Knobbe Martens

Relying on Computer-Implemented, Result-Focused Functional Language Is a Bad Bet

Knobbe Martens on

Before Dyk, Prost, and Stark. Appeal from the United States District Court for the District of New Jersey. Summary: Recitations of a computer-implemented method can be an abstract idea and non-eligible under 35 U.S.C. § 101...more

A&O Shearman

Middle District Of Florida Grants Motion To Dismiss Putative Securities Class Action Against Autonomous Vehicle Technology Company...

A&O Shearman on

On May 31, 2024, Judge Julie S. Sneed of the United States District Court for the Middle District of Florida granted a motion to dismiss a putative securities class action against an autonomous vehicle technology company (the...more

Farella Braun + Martel LLP

Is the Copyright Threat to Generative AI Overhyped? Implications of Kadrey v. Meta

In November 2023, Meta successfully had nearly all of the claims against it dismissed in the Kadrey v. Meta Platforms, Inc. suit, a victory with potential implications for other technology companies with generative AI tools....more

Irwin IP LLP

Amended Complaint Gives Plaintiff a Do-Over, Not the Defendant

Irwin IP LLP on

Power Probe Grp., Inc. v. Innova Electronics Corp., 21-cv-00332 (D. Nev. Apr. 27, 2023) While it is accepted that filing an amended complaint supersedes the original complaint rendering it without legal effect, a defendant...more

Sheppard Mullin Richter & Hampton LLP

The Latest Win for Apple: Dismissal of Class Action about iPhones

A New York federal court recently granted Apple a motion to dismiss a case where an alleged class accused Apple of misleading consumers about the waterproof nature of their iPhones. Apple had several allegedly misleading...more

Fox Rothschild LLP

Chief Judge Stark Denies Defendants’ Motions To Dismiss Plaintiff’s Complaints Asserting Patent Infringement Due To The Use Of...

Fox Rothschild LLP on

By Memorandum Opinion entered by The Honorable Leonard P. Stark in Stragent, LLC v. BMW of North America, LLC et al., Civil Action No. 20-510-LPS (D.Del. March 25, 2021) (consolidated), the Court denied Defendants’ motions to...more

Holland & Knight LLP

Vehicle Control Patent Survives Early Eligibility Challenge

Holland & Knight LLP on

Jaguar Land Rover (JLR) asserted U.S. Patent No. RE46, 828, titled "Vehicle Control" against its competitor Bentley Motors Limited. The patent is related to electronically controlling the vehicle's subsystems (e.g., engine,...more

McDermott Will & Emery

Still Open for Discussion: Venue Based on Presence of Servers

McDermott Will & Emery on

The US Court of Appeals for the Federal Circuit elected not to decide en banc whether servers or similar equipment in third-party facilities constitute a regular and established place of business under the patent venue...more

Shook, Hardy & Bacon L.L.P.

Juniper Faces Blue Spike’s “Assembly-Line Litigation Campaign”

In January 2017, Blue Spike, LLC (“Blue Spike”) filed what has been described as the largest patent infringement case in the U.S. Blue Spike asserted 26 patents containing 656 claims against 113 products owned by Juniper...more

Proskauer - New Media & Technology

Court Refuses to Dismiss Biometric Privacy Action over Facial Recognition Technology Used by Google Photos

We’ve closely followed the numerous biometric privacy disputes and legislative developments surrounding the Illinois Biometric Information Privacy Act (BIPA), which precludes the unauthorized collection and storing of some...more

Proskauer - New England IP Blog

Judge Young Addresses Possibility Versus Plausibility in Patent Pleadings

Judge Young granted a plaintiff leave to file an amended complaint that satisfactorily pushed its claim from merely possible to plausible, in a recent opinion from the District of Massachusetts. The analysis is instructive to...more

Perkins Coie

Ninth Circuit Refines Antitrust Standing Doctrine Under Illinois Brick

Perkins Coie on

The U.S. Court of Appeals for the Ninth Circuit recently addressed again when plaintiffs have standing to pursue federal antitrust claims under the U.S. Supreme Court’s landmark decision in Illinois Brick Co. v. Illinois, 431...more

Proskauer - New England IP Blog

Rampage’s Patent Suit Inks a Partial Victory in Surviving Motion to Dismiss

Judge Allison Burroughs of the District of Massachusetts recently issued a decision that provides much-needed insight into pleading standards in patent cases. With the demise of Form 18 of the Federal Rules of Civil...more

Proskauer - New England IP Blog

Sunrise’s Infringement Complaint Gets the Green Light

In a recent opinion out of the District of Massachusetts, the court ordered that a patent infringement dispute between two Massachusetts-based competitors in the lighting systems industry would be allowed to proceed. This...more

Robinson+Cole Data Privacy + Security Insider

Facebook calls Illinois Biometric Law Unconstitutional

In the ongoing saga of Facebook’s challenge of the Illinois Biometric Law, it declared last week that the Illinois law violates the United State Constitution. According to Facebook’s Answer in a suit filed against it in...more

Robins Kaplan LLP

The Future is Now

Robins Kaplan LLP on

More than a decade ago Steve Spielberg’s Minority Report contemplated a future in which facial recognition would be ubiquitously used for targeted advertising. Now, a California court will decide whether to dismiss a...more

Seyfarth Shaw LLP

No Microscope Needed to See Why This Non-Compete Is Unenforceable

Seyfarth Shaw LLP on

When is a microscope not needed? When the problem one is looking at is big as an elephant, not small as an amoeba. Nion, an electron microscope manufacturer, contracted with Gatan, a spectrometer manufacturer, to use...more

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