Practical Implications from the Federal Circuit’s Rare en Banc Reversal in Apple v. Samsung

by K&L Gates LLP

K&L Gates LLP

In a precedential opinion issued en banc on Friday, October 7, 2016, the Federal Circuit overturned a panel decision, affirming and reinstating the district court’s judgment and the jury’s verdict.  The majority opinion scrutinized and at times scolded the panel for taking on a role well outside of its appellate function and erroneously relying on extrinsic evidence to modify an agreed to and unappealed claim construction and hold claims invalid for obviousness.  The majority characterized the appellate court’s function as “limited” and “requiring appropriate deference be applied to the review of fact findings.” 

Practical Implications
Any en banc decision is a major one, and if the dissents are to be believed, this case is no different.  Given that the dissenters saw “no” or “scant” evidence where the majority saw “substantial” evidence, the decision leaves behind confusion as to the court’s role in reviewing the evidence and as to the quantum and type of necessary record evidence needed to support a jury verdict.  Although the dissenting opinions make much of alleged “profound changes” to the law of obviousness, the majority states that it is affirming existing obviousness law.  This may mean that, in practice, the decision is narrowly limited to its specific facts and no practice changes are necessary.

However, the majority decision reflects the recent theme of greater deference to the district court and the jury, as observed in the Supreme Court’s decisions in Teva and Halo.  Greater deference suggests that future panels may hesitate to overturn district court decisions, a change that would be notable.  Moreover, appellants should consider highlighting implicit factual findings (particularly those related to motivation to combine and secondary considerations) made by the jury and district court in an effort to ensure that the legal conclusion following from those findings is unassailable.  Although the opinions were silent on this issue, the same can be said of appeals from the Patent Trial and Appeal Board, which finds facts in its proceedings and is subject to the same standard of appellate review as jury findings.

In the underlying district court case, Apple alleged infringement of U.S. Patent Nos. 5,946,647 (the “’647 patent”), 8,046,721 (the “’721 patent”), and 8,074,172 (the “’172 patent”), among others.  The district court granted summary judgment of infringement of the ’172 patent, which covered Apple’s slide-to-unlock technology.  After a 13 day trial in May 2014, the jury found that Samsung infringed the ’647 patent and the ’721 patent (the quick links and autocorrect patents, respectively).  The jury also found that Apple infringed one Samsung patent.  Although Apple requested $2.19 billion, the jury awarded Apple only $120 million in infringement damages.  Following trial, Samsung filed a motion for judgment as a matter of law (“JMOL”) that the ’721 and ’172 patents were obvious as a matter of law and that the ’647 and ’721 patents were not infringed, in relevant part.  The district court denied JMOL, and Samsung appealed the district court’s summary judgment and denial of JMOL.

In February of this year, a Federal Circuit three-judge panel vacated Apple’s $120 million jury verdict, ruling that the slide-to-unlock and autocorrect patents were invalid and that Samsung did not infringe the patent tied to Apple’s quick links feature.  The panel decision, authored by Judge Dyk, ruled that Apple failed to prove Samsung infringed the quick links patent and that the slide-to-unlock and autocorrect patents were invalid as obvious.  The opinion affirmed the jury’s finding that Apple infringed Samsung’s patent and affirmed the $158,400 damages award against Apple.

Apple petitioned the Federal Circuit for en banc review.  At the forefront of its petition, Apple questioned the panel’s decision to reverse nearly every jury finding of fact that favored Apple.  On October 7, 2016, the full Federal Circuit, sitting en banc reinstated the initial $120 million district court jury verdict, without additional briefing or argument by either party or external stakeholders.

The Federal Circuit granted en banc rehearing primarily to reestablish the boundaries of appellate jurisdiction and correct what it saw as legal errors in the panel’s February 2016 decision.  In a majority decision written by Judge Moore, the court reaffirmed that the Federal Circuit cannot consider evidence outside the record or engage in fact finding, relying mainly on the Supreme Court’s decision in Teva Pharms., Inc. v. Sandoz, Inc., 135 S. Ct. 831 (2015). 

First the Federal Circuit considered whether the record at the district court level contained substantial evidence that Samsung products meet the “analyzer server” and “linking actions” limitations of the ’647 patent.  “During the Markman hearing, neither Apple nor Samsung had sought a construction of ‘analyzer server’ or ‘linking actions’ . . .”  Apple Inc. v. Samsung Elecs. Co., Ltd., No. 2015-1171, slip op. at 8 (Fed. Cir. Oct. 7, 2016) (en banc).  Because the Court previously addressed the constructions of both terms in Apple Inc. v. Motorola, Inc., 757 F.3d 1286 (Fed. Cir. 2014), the parties agreed to give the Motorola constructions to the jury.  These issues, while unappealed, were addressed by the Federal Circuit because the panel, in reviewing infringement of the ’647 patent, looked to “extra-record extrinsic evidence” such as “dictionary and encyclopedia entries to inform its understanding of how the shared library code in Samsung’s phones work.”  Id. at 4 (emphasis in original).

Ultimately, the Federal Circuit determined that Apple’s expert provided substantial evidence that shared library code and client programs in the accused devices are “definitely separate.”  Id. at 16.  Similarly, with regard to the “linking actions” limitation, Apple presented substantial evidence that the accused devices contain a specified connection between a detected structure and a computer subroutine that causes the CPU to perform a sequence of operations.  Samsung’s expert also testified on these issues.  However, the Federal Circuit “leave[s] credibility issues to the jury.”  Id. at 16, n.10.  Therefore, the Federal Circuit deferred to the jury’s finding that the accused devices met the “analyzer server” and “linking actions” limitations and on that basis affirmed infringement of the ’647 patent and the district court’s denial of JMOL as to the ’647 patent.

Next, the Federal Circuit turned to the commonly known “slide-to-unlock” feature of the ’721 patent.  Samsung appealed the district court’s denial of JMOL that claim 8 would have been obvious.  The crux of the obviousness argument on review depended on whether a person of skill in the art would have been motivated to combine the unlocking mechanisms from a wall mounted touchscreen for home appliances with the unlocking mechanism for a smartphone.  Based off of extensive expert testimony that the phone designers were primarily attempting to solve the problem of accidental activation (also known as pocket-dialing), the Federal Circuit found that substantial evidence supported the jury’s implicit factual finding that a person of skill in the art would not be motivated to combine the teachings of wall mounted home appliance art with smartphone unlocking technology.  The court also concluded that substantial evidence supported the jury’s implicit factual findings on secondary considerations, citing significant industry praise, commercial success, and in particular, undeniable evidence that Samsung admittedly failed to come up with an unlocking feature “better than” Apple’s.  Id. at 35.  In combination, these objective indicia were “particularly strong in this case” and “powerfully weigh[ed] in favor of validity.”  Id. at 43.  Thus, considering these jury factual findings, on de novo review of the ultimate legal determination the court held that Samsung failed to establish by clear and convincing evidence that claim 8 of the ’721 patent would have been obvious.  The Federal Circuit further remanded the issue of willfulness in light of the Supreme Court’s recent decision in Halo Electronics, Inc. v. Pulse Electronics, Inc., 136 S. Ct. 1923 (2016).

Finally, the Federal Circuit addressed whether the district court committed clear error in construing “keyboard,” the term underlying its grant of summary judgment on infringement and whether substantial evidence supported the jury’s verdict and district court’s subsequent denial of JMOL as to obviousness of the ’172 patent, which featured Apple’s autocorrect technology.  The Federal Circuit affirmed the district court’s grant of summary judgment that Samsung’s accused devices infringe claim 18 of the ’172 patent because the term “keyboard” properly included “both physical and virtual keyboards.”  Id. at 51.  As to validity, the Federal Circuit agreed that Samsung did not prove by clear and convincing evidence that claim 18 would have been obvious to a skilled artisan, saying:

Even in cases in which a court concludes that a reasonable jury could have found some facts differently, the verdict must be sustained if it is supported by substantial evidence on the record that was before the jury. But as an appellate court, it is beyond our role to reweigh the evidence or consider what the record might have supported, or investigate potential arguments that were not meaningfully raised. Our review is limited to whether fact findings made and challenged on appeal are supported by substantial evidence in the record, and if so, whether those fact findings support the legal conclusion of obviousness.

Id. at 50.  The Federal Circuit found that substantial evidence supported the jury’s implicit factual findings because Apple’s expert testimony demonstrated the significant difference between the prior art word completion and Apple’s autocorrect word replacement.  In addition, Apple’s survey evidence on secondary considerations, when weighed by the jury against the testimony of Samsung’s expert, supported this conclusion.  Based on these factual findings, and because the evidence does not “afford[] only one reasonable conclusion contrary to that of the jury,” the Federal Circuit affirmed the district court’s denial of JMOL as to the obviousness of the ’172 patent.

The majority opinion sparked strong dissents from Chief Judge Prost and Judges Dyk and Reyna, the members of the original appellate panel overturned by the majority.  All three opinions questioned the en banc court’s unusual approach of deciding the case without further briefing from the parties, amici, or the government—with Chief Judge Prost going so far as to call it a “procedural irregularit[y].”  Apple Inc. v. Samsung Elecs. Co., Ltd., No. 2015-1171, slip op. at 1 (Fed. Cir. Oct. 7, 2016) (Prost, J. dissenting). 

Although echoing the concerns raised in the other dissents about motivation to combine and secondary considerations, Chief Judge Prost’s dissent focused on the substantial evidence standard and dug into the majority’s cited evidence.  Starting with the majority’s holding that substantial evidence supports the jury’s implicit finding that there was no motivation to combine the prior art references to reach the ’721 patent, Chief Judge Prost instead looked to the context of the expert opinion and the references themselves to conclude that there was “a stark lack of evidence.”  Id. at 8.  Labeling it “arguably dicta,” Chief Judge Prost went on to dispute the majority’s holding that secondary considerations weigh in favor of nonobviousness.  Id. at 9.  She noted that the Federal Circuit has only once held that secondary considerations outweigh strong evidence of obviousness and found fault mainly with the nexus between Apple’s evidence and the patented slide-to-unlock feature.  Similarly, Chief Judge Prost took issue with the majority’s holding that substantial evidence supports the jury determination of nonobviousness of the ‘172 patent, arguing that the number of underlying factual findings to a legal conclusion is irrelevant because the Federal Circuit “not infrequently” overturns jury findings of nonobvious (and thus, the underlying factual findings to that conclusion).  Id. at 15.  Once again looking contextually at the expert statements and the references, she argued that the scope and content of the prior art certainly discloses each and every limitation of the asserted claim.  Far from substantial evidence, in Chief Judge Prost’s view, “there is no evidence” that the prior art references fail to disclose the claimed elements.  Id. at 18.  She also faulted the secondary considerations evidence for lack of nexus to the patented feature.  Accordingly, she concluded that both the ’721 and ’172 patents are obvious as a matter of law.

Finally, Chief Judge Prost addressed the construction of the “analyzer server” limitation in the ’647 patent.  She argued that “structurally separate” without more, cannot meet the “separate” requirement of the construction because two program routines must always occupy different places in memory.  Therefore, she concluded that Apple’s evidence showing storage in a different memory location is legally insufficient to show infringement, and that “no reasonable jury could find otherwise.”  Id. at 23.

Although Judge Dyk “agree[s]” with Chief Judge Prost’s dissent based on the “flimsy nature” of the majority’s cited evidence, Judge Dyk takes a different tack, writing separately to argue that the majority opinion “will have a significant and immediate impact on the future resolution of obviousness issues.”  Apple Inc. v. Samsung Electronics Co., Ltd., No. 2015-1171, slip op. at 2 (Fed. Cir. Oct. 7, 2016) (Dyk, J. dissenting).  He focused his opinion on the ways in which he believes the majority opinion is inconsistent with KSR International Co. v. Teleflex, Inc., 550 U.S. 398 (2007), such as by turning motivation to combine and weight of secondary considerations into jury questions, treating minimal advances as nonobvious, holding that a known problem is insufficient motivation to combine and that there must be evidence of a specific motivation to combine, dismissing prior art evidence on the basis that it concerns a different, even if related, device than the patented invention, and elevating secondary considerations to outweigh a strong case of obviousness involving minimal advances over the prior art.  He further argued that the secondary considerations evidence here lacks nexus to the patented improvement over the prior art.  Judge Dyk concluded by calling out the majority for its “improper and unwise” failure to give the parties’ agreed construction (that the analyzer server program run separately, not just be stored separately) any weight, instead sticking to its own interpretation of the construction.  Id. at 18.

Judge Reyna argued mainly that en banc review should not have been granted in the first instance.  He advanced the theory that the majority improperly undertook en banc review because it disagreed with the panel decision but not because it was necessary to secure or maintain uniformity or to decide a question of exceptional importance (the proper bases for en banc review).  He proposed a few issues he believed would be more appropriately the subject of en banc review, including to explain “what the substantial evidence standard means and how it is applied [to] review the factual findings underlying jury verdicts,” whether an analysis involving secondary considerations is a one- or two- step process, and how much weight should be accorded to secondary considerations in the obviousness analysis.  Apple Inc. v. Samsung Elecs. Co., Ltd., No. 2015-1171, slip op. at 7 (Fed. Cir. Oct. 7, 2016) (Reyna, J. dissenting).


DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© K&L Gates LLP | Attorney Advertising

Written by:

K&L Gates LLP

K&L Gates LLP on:

Readers' Choice 2017
Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
Custom Email Digest
- hide

JD Supra Privacy Policy

Updated: May 25, 2018:

JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.

This Privacy Policy describes how JD Supra, LLC ("JD Supra" or "we," "us," or "our") collects, uses and shares personal data collected from visitors to our website (located at (our "Website") who view only publicly-available content as well as subscribers to our services (such as our email digests or author tools)(our "Services"). By using our Website and registering for one of our Services, you are agreeing to the terms of this Privacy Policy.

Please note that if you subscribe to one of our Services, you can make choices about how we collect, use and share your information through our Privacy Center under the "My Account" dashboard (available if you are logged into your JD Supra account).

Collection of Information

Registration Information. When you register with JD Supra for our Website and Services, either as an author or as a subscriber, you will be asked to provide identifying information to create your JD Supra account ("Registration Data"), such as your:

  • Email
  • First Name
  • Last Name
  • Company Name
  • Company Industry
  • Title
  • Country

Other Information: We also collect other information you may voluntarily provide. This may include content you provide for publication. We may also receive your communications with others through our Website and Services (such as contacting an author through our Website) or communications directly with us (such as through email, feedback or other forms or social media). If you are a subscribed user, we will also collect your user preferences, such as the types of articles you would like to read.

Information from third parties (such as, from your employer or LinkedIn): We may also receive information about you from third party sources. For example, your employer may provide your information to us, such as in connection with an article submitted by your employer for publication. If you choose to use LinkedIn to subscribe to our Website and Services, we also collect information related to your LinkedIn account and profile.

Your interactions with our Website and Services: As is true of most websites, we gather certain information automatically. This information includes IP addresses, browser type, Internet service provider (ISP), referring/exit pages, operating system, date/time stamp and clickstream data. We use this information to analyze trends, to administer the Website and our Services, to improve the content and performance of our Website and Services, and to track users' movements around the site. We may also link this automatically-collected data to personal information, for example, to inform authors about who has read their articles. Some of this data is collected through information sent by your web browser. We also use cookies and other tracking technologies to collect this information. To learn more about cookies and other tracking technologies that JD Supra may use on our Website and Services please see our "Cookies Guide" page.

How do we use this information?

We use the information and data we collect principally in order to provide our Website and Services. More specifically, we may use your personal information to:

  • Operate our Website and Services and publish content;
  • Distribute content to you in accordance with your preferences as well as to provide other notifications to you (for example, updates about our policies and terms);
  • Measure readership and usage of the Website and Services;
  • Communicate with you regarding your questions and requests;
  • Authenticate users and to provide for the safety and security of our Website and Services;
  • Conduct research and similar activities to improve our Website and Services; and
  • Comply with our legal and regulatory responsibilities and to enforce our rights.

How is your information shared?

  • Content and other public information (such as an author profile) is shared on our Website and Services, including via email digests and social media feeds, and is accessible to the general public.
  • If you choose to use our Website and Services to communicate directly with a company or individual, such communication may be shared accordingly.
  • Readership information is provided to publishing law firms and authors of content to give them insight into their readership and to help them to improve their content.
  • Our Website may offer you the opportunity to share information through our Website, such as through Facebook's "Like" or Twitter's "Tweet" button. We offer this functionality to help generate interest in our Website and content and to permit you to recommend content to your contacts. You should be aware that sharing through such functionality may result in information being collected by the applicable social media network and possibly being made publicly available (for example, through a search engine). Any such information collection would be subject to such third party social media network's privacy policy.
  • Your information may also be shared to parties who support our business, such as professional advisors as well as web-hosting providers, analytics providers and other information technology providers.
  • Any court, governmental authority, law enforcement agency or other third party where we believe disclosure is necessary to comply with a legal or regulatory obligation, or otherwise to protect our rights, the rights of any third party or individuals' personal safety, or to detect, prevent, or otherwise address fraud, security or safety issues.
  • To our affiliated entities and in connection with the sale, assignment or other transfer of our company or our business.

How We Protect Your Information

JD Supra takes reasonable and appropriate precautions to insure that user information is protected from loss, misuse and unauthorized access, disclosure, alteration and destruction. We restrict access to user information to those individuals who reasonably need access to perform their job functions, such as our third party email service, customer service personnel and technical staff. You should keep in mind that no Internet transmission is ever 100% secure or error-free. Where you use log-in credentials (usernames, passwords) on our Website, please remember that it is your responsibility to safeguard them. If you believe that your log-in credentials have been compromised, please contact us at

Children's Information

Our Website and Services are not directed at children under the age of 16 and we do not knowingly collect personal information from children under the age of 16 through our Website and/or Services. If you have reason to believe that a child under the age of 16 has provided personal information to us, please contact us, and we will endeavor to delete that information from our databases.

Links to Other Websites

Our Website and Services may contain links to other websites. The operators of such other websites may collect information about you, including through cookies or other technologies. If you are using our Website or Services and click a link to another site, you will leave our Website and this Policy will not apply to your use of and activity on those other sites. We encourage you to read the legal notices posted on those sites, including their privacy policies. We are not responsible for the data collection and use practices of such other sites. This Policy applies solely to the information collected in connection with your use of our Website and Services and does not apply to any practices conducted offline or in connection with any other websites.

Information for EU and Swiss Residents

JD Supra's principal place of business is in the United States. By subscribing to our website, you expressly consent to your information being processed in the United States.

  • Our Legal Basis for Processing: Generally, we rely on our legitimate interests in order to process your personal information. For example, we rely on this legal ground if we use your personal information to manage your Registration Data and administer our relationship with you; to deliver our Website and Services; understand and improve our Website and Services; report reader analytics to our authors; to personalize your experience on our Website and Services; and where necessary to protect or defend our or another's rights or property, or to detect, prevent, or otherwise address fraud, security, safety or privacy issues. Please see Article 6(1)(f) of the E.U. General Data Protection Regulation ("GDPR") In addition, there may be other situations where other grounds for processing may exist, such as where processing is a result of legal requirements (GDPR Article 6(1)(c)) or for reasons of public interest (GDPR Article 6(1)(e)). Please see the "Your Rights" section of this Privacy Policy immediately below for more information about how you may request that we limit or refrain from processing your personal information.
  • Your Rights
    • Right of Access/Portability: You can ask to review details about the information we hold about you and how that information has been used and disclosed. Note that we may request to verify your identification before fulfilling your request. You can also request that your personal information is provided to you in a commonly used electronic format so that you can share it with other organizations.
    • Right to Correct Information: You may ask that we make corrections to any information we hold, if you believe such correction to be necessary.
    • Right to Restrict Our Processing or Erasure of Information: You also have the right in certain circumstances to ask us to restrict processing of your personal information or to erase your personal information. Where you have consented to our use of your personal information, you can withdraw your consent at any time.

You can make a request to exercise any of these rights by emailing us at or by writing to us at:

Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

You can also manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard.

We will make all practical efforts to respect your wishes. There may be times, however, where we are not able to fulfill your request, for example, if applicable law prohibits our compliance. Please note that JD Supra does not use "automatic decision making" or "profiling" as those terms are defined in the GDPR.

  • Timeframe for retaining your personal information: We will retain your personal information in a form that identifies you only for as long as it serves the purpose(s) for which it was initially collected as stated in this Privacy Policy, or subsequently authorized. We may continue processing your personal information for longer periods, but only for the time and to the extent such processing reasonably serves the purposes of archiving in the public interest, journalism, literature and art, scientific or historical research and statistical analysis, and subject to the protection of this Privacy Policy. For example, if you are an author, your personal information may continue to be published in connection with your article indefinitely. When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize it, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.
  • Onward Transfer to Third Parties: As noted in the "How We Share Your Data" Section above, JD Supra may share your information with third parties. When JD Supra discloses your personal information to third parties, we have ensured that such third parties have either certified under the EU-U.S. or Swiss Privacy Shield Framework and will process all personal data received from EU member states/Switzerland in reliance on the applicable Privacy Shield Framework or that they have been subjected to strict contractual provisions in their contract with us to guarantee an adequate level of data protection for your data.

California Privacy Rights

Pursuant to Section 1798.83 of the California Civil Code, our customers who are California residents have the right to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes.

You can make a request for this information by emailing us at or by writing to us at:

Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

Some browsers have incorporated a Do Not Track (DNT) feature. These features, when turned on, send a signal that you prefer that the website you are visiting not collect and use data regarding your online searching and browsing activities. As there is not yet a common understanding on how to interpret the DNT signal, we currently do not respond to DNT signals on our site.

Access/Correct/Update/Delete Personal Information

For non-EU/Swiss residents, if you would like to know what personal information we have about you, you can send an e-mail to We will be in contact with you (by mail or otherwise) to verify your identity and provide you the information you request. We will respond within 30 days to your request for access to your personal information. In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why. If you would like to correct or update your personal information, you can manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard. If you would like to delete your account or remove your information from our Website and Services, send an e-mail to

Changes in Our Privacy Policy

We reserve the right to change this Privacy Policy at any time. Please refer to the date at the top of this page to determine when this Policy was last revised. Any changes to our Privacy Policy will become effective upon posting of the revised policy on the Website. By continuing to use our Website and Services following such changes, you will be deemed to have agreed to such changes.

Contacting JD Supra

If you have any questions about this Privacy Policy, the practices of this site, your dealings with our Website or Services, or if you would like to change any of the information you have provided to us, please contact us at:

JD Supra Cookie Guide

As with many websites, JD Supra's website (located at (our "Website") and our services (such as our email article digests)(our "Services") use a standard technology called a "cookie" and other similar technologies (such as, pixels and web beacons), which are small data files that are transferred to your computer when you use our Website and Services. These technologies automatically identify your browser whenever you interact with our Website and Services.

How We Use Cookies and Other Tracking Technologies

We use cookies and other tracking technologies to:

  1. Improve the user experience on our Website and Services;
  2. Store the authorization token that users receive when they login to the private areas of our Website. This token is specific to a user's login session and requires a valid username and password to obtain. It is required to access the user's profile information, subscriptions, and analytics;
  3. Track anonymous site usage; and
  4. Permit connectivity with social media networks to permit content sharing.

There are different types of cookies and other technologies used our Website, notably:

  • "Session cookies" - These cookies only last as long as your online session, and disappear from your computer or device when you close your browser (like Internet Explorer, Google Chrome or Safari).
  • "Persistent cookies" - These cookies stay on your computer or device after your browser has been closed and last for a time specified in the cookie. We use persistent cookies when we need to know who you are for more than one browsing session. For example, we use them to remember your preferences for the next time you visit.
  • "Web Beacons/Pixels" - Some of our web pages and emails may also contain small electronic images known as web beacons, clear GIFs or single-pixel GIFs. These images are placed on a web page or email and typically work in conjunction with cookies to collect data. We use these images to identify our users and user behavior, such as counting the number of users who have visited a web page or acted upon one of our email digests.

JD Supra Cookies. We place our own cookies on your computer to track certain information about you while you are using our Website and Services. For example, we place a session cookie on your computer each time you visit our Website. We use these cookies to allow you to log-in to your subscriber account. In addition, through these cookies we are able to collect information about how you use the Website, including what browser you may be using, your IP address, and the URL address you came from upon visiting our Website and the URL you next visit (even if those URLs are not on our Website). We also utilize email web beacons to monitor whether our emails are being delivered and read. We also use these tools to help deliver reader analytics to our authors to give them insight into their readership and help them to improve their content, so that it is most useful for our users.

Analytics/Performance Cookies. JD Supra also uses the following analytic tools to help us analyze the performance of our Website and Services as well as how visitors use our Website and Services:

  • HubSpot - For more information about HubSpot cookies, please visit
  • New Relic - For more information on New Relic cookies, please visit
  • Google Analytics - For more information on Google Analytics cookies, visit To opt-out of being tracked by Google Analytics across all websites visit This will allow you to download and install a Google Analytics cookie-free web browser.

Facebook, Twitter and other Social Network Cookies. Our content pages allow you to share content appearing on our Website and Services to your social media accounts through the "Like," "Tweet," or similar buttons displayed on such pages. To accomplish this Service, we embed code that such third party social networks provide and that we do not control. These buttons know that you are logged in to your social network account and therefore such social networks could also know that you are viewing the JD Supra Website.

Controlling and Deleting Cookies

If you would like to change how a browser uses cookies, including blocking or deleting cookies from the JD Supra Website and Services you can do so by changing the settings in your web browser. To control cookies, most browsers allow you to either accept or reject all cookies, only accept certain types of cookies, or prompt you every time a site wishes to save a cookie. It's also easy to delete cookies that are already saved on your device by a browser.

The processes for controlling and deleting cookies vary depending on which browser you use. To find out how to do so with a particular browser, you can use your browser's "Help" function or alternatively, you can visit which explains, step-by-step, how to control and delete cookies in most browsers.

Updates to This Policy

We may update this cookie policy and our Privacy Policy from time-to-time, particularly as technology changes. You can always check this page for the latest version. We may also notify you of changes to our privacy policy by email.

Contacting JD Supra

If you have any questions about how we use cookies and other tracking technologies, please contact us at:

- hide

This website uses cookies to improve user experience, track anonymous site usage, store authorization tokens and permit sharing on social media networks. By continuing to browse this website you accept the use of cookies. Click here to read more about how we use cookies.