News & Analysis as of

Microsoft

Raniere v. Microsoft Corporation

by Knobbe Martens on

Federal Circuit Summaries - Before Lourie, O’Malley, and Wallach. Appeal from the United States District Court for the Northern District of Texas Summary: When a case is dismissed with prejudice for lack of standing,...more

OTA & Travel Distribution Update - Price-fixing fines imposed against FlightCentre; Red Lion's unorthodox approach to loyalty;...

by Garvey Schubert Barer on

This week’s OTA & Travel Distribution Update for the week ending April 6, 2018 is below. A variety of stories are featured in this week’s Update, including an interesting follow up story on Red Lion’s somewhat unique (and...more

Government Urges High Court to Moot Microsoft Email Case

We’ve written several times about the landmark dispute between the U.S. government and Microsoft Corp. over access to a customer’s emails stored in Ireland. Now, a month after the U.S. Supreme Court heard oral argument on the...more

The CLOUD Act and its Impact on Cross-Border Access to the Contents of Communications

by Alston & Bird on

On Friday morning, March 23, President Trump signed the $1.3 trillion omnibus spending bill into law, including the Clarifying Lawful Overseas Use of Data (CLOUD) Act, and in doing so established a sea change in the rules for...more

"Diversity Trade Secrets" Lawsuit Is Over, Almost Before It Began.

According to March 5 press reports, IBM and its former Chief Diversity Officer, Lindsay-Rae McIntyre, have agreed to a settlement of their dispute. As I reported last week, IBM sued Ms. McIntyre, who had resigned from IBM to...more

Supreme Court Hears Oral Argument in the Microsoft Ireland Case

by Alston & Bird on

On Tuesday, February 27th, the U.S. Supreme Court heard oral argument in United States v. Microsoft Corp. on whether a warrant issued under the Stored Communications Act (SCA) can compel the production of data stored outside...more

Microsoft Has Eliminated Mandatory Arbitration of Employee Sexual Harassment Claims. So, What?

The #MeToo movement. The #TimesUp movement. Icons of media and industry brought down by sexual harassment scandals that date back years and decades. All this has led to much discussion in state legislatures, in legal circles,...more

Justices Hearing Microsoft Appeal Appear Mixed on Jurisdiction over Foreign-Located Communications

by Cozen O'Connor on

On February 27, 2018, the Supreme Court heard arguments in In re Warrant to Search a Certain Email Account Controlled & Maintained by Microsoft Corp. (Microsoft). At issue is an unsettled question concerning the territorial...more

Is HR/Diversity Information A Trade Secret?

Why not? On February 12, IBM filed suit against its former Chief Diversity Officer, Lindsay-Rae McIntyre, for breach of her one-year noncompete provision. The lawsuit, filed in federal court in New York, claims that Ms....more

2017 eDiscovery Case Law Review

by Epiq on

Electronic discovery cases that made headlines in 2017 featured well-known names such as Taylor Swift and Lynyrd Skynyrd, and reached all the way to the U.S. Supreme Court. As the year draws to a close, it’s a good time to...more

To Be Anticipatory, Reference Must Disclose All Claim Elements Arranged as in Claim

by McDermott Will & Emery on

The US Court of Appeals for the Federal Circuit affirmed a decision that a patent challenger at the Patent Trial and Appeal Board (PTAB) must prove invalidity by a preponderance of evidence and must establish anticipation...more

Novel Theories Emerge in Merger Enforcement

Antitrust merger enforcement historically has focused on horizontal mergers — consolidation of two firms that compete directly in the same space. This is especially true in the U.S., where antitrust authorities have...more

Privacy Tip #121 – Patch Patch Patch

We all learned the hard way how important patching vulnerabilities are when a major data breach occurred during 2017 that exposed the personal information of 80 percent of U.S. adults that was reportedly avoidable with a...more

Google Puts Its SCA Warrant Appeal on Hold as High Court Prepares to Hear Microsoft Case

The fight over the privacy of electronic communications and the government’s ability to reach emails stored abroad in criminal investigations has finally moved to the U.S. Supreme Court. ...more

Federal Circuit Affirms PTAB’s Decision of No Anticipation in Microsoft v. Biscotti

In Microsoft Corporation v. Biscotti, Inc., Nos. 2016-2080, 2016-2082, 2016-2083 (Fed. Cir. Dec. 28, 2017), the Federal Circuit affirmed the PTAB’s decisions finding Microsoft failed to prove the challenged claims were...more

2018 FCPA Predictions (Part II of II)

by Michael Volkov on

I always take a deep breath when starting this posting – not that I am the kiss of death, but sometimes my predictions come true and most times they do not. But with that caveat, I am brave enough to venture into 2018 and...more

US v. Microsoft Litigation Provides the Supreme Court with a Rare Opportunity to Further Clarify and Define the Role of Comity in...

The United States Supreme Court recently granted certiorari in the landmark case of United States v. Microsoft Corp. This matter presents the Court with an opportunity to establish new precedent in the field of international...more

Anticipation Analysis Indisputably Allows for Some Flexibility; Substantial Evidence Still Supports Finding of No Anticipation

In Microsoft Corp v. Biscotti, Inc., [2016-2080, 2016-2082, 2016-2083] (December 28, 2017), the Federal Circuit affirmed the Board’s determination in the IPR’s that Microsoft failed to show by a preponderance of the evidence...more

December 2017: Supreme Court Takes on Drugs, Data, and Extraterritoriality

On October 16, 2017, the Supreme Court made a surprising grant of review in a case which may have far reaching consequences for tech companies and litigants generally. The case, United States v. Microsoft Corp., involves a...more

OTA & Travel Distribution Update - Dec. 1st, 2017

by Garvey Schubert Barer on

Our weekly OTA & Travel Distribution Update for the week ending December 1, 2017 is below. This week’s Update features a variety of distribution stories as well as a report on the latest rankings of the large hotel loyalty...more

Business Litigation Report - November 2017

The Un-Crisis Crisis Law and Strategy Group - No Two Situations Are Alike—That’s the Challenge “How fast can you get to…” “Let’s see. I just got back from London. We’ll be there tomorrow.” As our founder John Quinn...more

November 2017: Seven Supreme Court Cases to Watch This Term

Justice Neil Gorsuch began his first full Term on the Supreme Court this October, with court-watchers eagerly anticipating which cases the Supreme Court will take and waiting to see how Justice Gorsuch will affect the...more

Mastermine Software, Inc. v. Microsoft Corp. (Fed. Cir. 2017)

Mastermine brought a patent infringement action against Microsoft in the District of Minnesota. At issue were four claims of U.S. Patent No. 7,945,850 and three claims of U.S. Patent No. 8,429,518. After claim construction...more

Navigating Disruptive Climates Hosted by Washington Hospitality Association

by Garvey Schubert Barer on

Navigating Disruptive Climates, hosted by Washington Hospitality Association, was held on October 22-24, 2017 at the Tulalip Resort Casino in Tulalip, Washington. My presentation at the conference, "The War Rages: Hotels vs....more

Federal Circuit Clarifies Difference Between Indefinite Hybrid Claims and Definite Apparatus Claims with Permissive Functional...

The hybrid-claim issue arises in two situations: when an apparatus claim recites user-performed actions; and when an apparatus claim recites actions of the apparatus without tying those actions to the structural features of...more

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