Apple

News & Analysis as of

Fear and Trebling: E-Book Class Action Takes a(nother) Bite out of Apple

The legal drama continues for Apple, Inc., as the tech giant recently suffered another in a string of significant legal setbacks in the e-book antitrust saga in the Southern District of New York. Last month, Judge Denise...more

State + Local Tax Insights -- Spring 2014

In This Issue: - Where’s Walden? Finding Protection under the Due Process Clause - Upcoming Speaking Engagements - CFCs and Subpart F Income in a California Water’s-Edge Election and What’s Wrong with the Apple...more

Protection against Business and Legal Risks from the iPhone 5s Security Vulnerabilities

The iPhone 5s debuted with a list of new features designed to enhance its users’ experience. Among the list is Touch ID, a form of biometric security that allows users to lock and unlock their iPhone with their fingerprint....more

Evidence in Support of Petition for Venue Transfer Must Be Sufficiently Specific - In re Apple Inc.; In re Barnes & Noble

In two decisions from identical panels, the U.S. Court of Appeals for the Federal Circuit denied mandamus petitions seeking to direct two district courts to vacate their denials of petitioners’ motions to transfer their...more

A “Program” Is Just a Set of Instructions - Ancora Technologies, Inc. v. Apple, Inc.

In a case essentially decided on a single disputed claim construction, the U.S. Court of Appeals for the Federal Circuit rejected a narrow construction of the claim term “program” and construed the term, consistent with its...more

Proxies Unbundled: Recent SEC Guidance after Greenlight Capital v. Apple Case

Last year, Judge Sullivan in the U.S. District Court for the Southern District of New York issued a preliminary injunction in Greenlight Capital, L.P. v. Apple, Inc. enjoining the “bundling” of multiple proposals by Apple in...more

GPNE v. Apple: Court Precludes Retention of Experts Where Expert Had Consulted for Apple's Competitors

Plaintiff GPNE Corporation ("GPNE") filed a patent infringement action against Apple. As part of its case, GPNE wanted to retain two experts, Ghobad Heidari and Kamran Etemad, and Apple objected for two reasons. First, as...more

Core Issues - New Patents in the World of Apples

When one speaks of an “apple” and patentable technology in the same breath, thoughts naturally turn toward Silicon Valley and Steve Jobs’ storied company. Yet, in Wenatchee, Washington (the “Apple Capital of the World”), and...more

Institution Decisions on March 26, 2014

Institution Decisions - The Board instituted an inter partes review in Apple Inc. v. PersonalWeb Technologies, LLC., IPR 2013-00596, Paper 9 (March 26, 2014) of claims 24, 32, 70, 81, 82, and 86 (all of the challenged...more

VirnetX v. Apple: Court Grants Enhanced Ongoing Royalty Based on Disparity Between Position at Trial and Position Post-Judgment on...

On August 11, 2010, VirnetX filed suit alleging that Apple and several other defendants infringed several U.S. Patents, which generally describe a method for transparently creating a virtual private network ("VPN") between a...more

Unauthorized Children’s In-App Purchases Round Two: Google Faces Class Action

Just two months after Apple’s settlement with the FTC over lax parental controls over children’s in-app purchases, Google takes the spotlight with claims of unauthorized children’s in-app purchases in the Google Play Store!...more

So, You've Just Read About Someone Getting a Patent

A day does not go by without a new article about a company or individual obtaining a patent. A company itself may be behind an article because it wants to hype its technical achievements, as was the case with “Powerhouse...more

Emblaze v. Apple: Court Declines to Stay the Case Pending the United States Supreme Court's Decision in Akamai v. Limelight...

In this patent infringement action between Emblaze and Apple, Apple filed a motion to stay the case pending the recent grant of certiorari in Akamai v. Limelight Networks. In Akamai, a divided en banc Federal Circuit panel...more

Advertising News & Analysis - March 2014

In this issue: - Tax Plans' New Math Is Bad News for Marketers - Novel Payment and Discount Products Harbor Hidden Risks - Siri Tells Plaintiffs What to Do with Product Demo Claims - With NAD, "I...more

Williams v. Black Entertainment Television, Inc. - USDC E.D. New York, February 14, 2014

Pro se plaintiff Charles Williams brought an action for copyright infringement against defendants Viacom, Inc.; Black Entertainment Television LLC s/h/a BET Networks; A&E Television Networks, LLC; Apple, Inc.; Netflix, Inc.;...more

Boom or bust for patent trolls?

House of Representatives passing the Innovation Act in December, and now heading for the Senate, does 2014 hold the answer to the patent troll question? Andrew Mizner reports. In 2013, the dockets of courts in...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

Jury’s Verdict in Madden Football Copyright Case Overturned

We previously reported on Robin Antonick’s copyright claim against Electronic Arts, Inc. (“EA”) over the software for the Apple II John Madden Football game. Antonick didn’t have a copy of his original source code at the time...more

Advertising Law - Jan 29, 2014

Shape Magazine Should “Clearly and Conspicuously” Disclose Branded Content, Says NAD - Keeping a close eye on native advertising, the National Advertising Division recently reviewed an article in Shape magazine that...more

Eye on Privacy - January 2014

In this issue: - FTC Settlement with Flashlight App Requires Extensive Disclosures Outside of the Privacy Policy to Collect and Share Geolocation Information - GAO and Senate Commerce Committee Release Studies...more

FTC Reaches $32.5 Million Settlement Agreement with Apple, Inc. Over Deceptive Billing Practices in Mobile Apps for Children

The Federal Trade Commission announced its sizeable settlement agreement with Apple, Inc. on Wednesday, over allegations that the company had violated Section 5 of the Federal Trade Commission Act by billing consumers...more

UK Court Confirms Privacy Tort And Addresses Meaning Of Personal Information

On January 16, 2014, the English High Court of Justice issued reasons in Vidal-Hall v. Google Inc. relating to an appeal of a Master’s decision to allow Google to be served outside of the jurisdiction in relation to claims...more

BREAKING NEWS: FTC Announces Major Settlement with Apple

Apple Agrees to Pay Consumers At Least $32.5 Million to Settle Complaint of Unfair Billing Related to Children’s In-App Charges - FTC Chairwoman Edith Ramirez just announced (press conference) that Apple, Inc....more

An Apple, an Orange and Maybe a Kiwi a Day Keeps the Activist Away (and Makes for a Stronger Board)

With proxy season just around the corner, I would be remiss if I did not (once again) remind Nominating and Governance Committees that it is time, and it is not too late, for you mix it up a little . . . or a lot. Think fruit...more

Privacy Class Action – Theories of Liability – 2013 Year in Review

One hot area of data privacy litigation over the past several years has been data breach class actions brought under the California Confidentiality of Medical Information Act (“CMIA”), which provides that a person may recover...more

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