News & Analysis as of

Apple Corporate Counsel

Sterne, Kessler, Goldstein & Fox P.L.L.C.

2023 PTAB Year in Review: Analysis & Trends: Federal Circuit Cases Exploring a Year of Rules, Rulemaking, and Rule Enforcement at...

A trio of cases this past year illustrate a trend of increasing importance in the power of Patent-Office rulemaking and enforcement, and the influence it has on patent owners and challengers alike....more

BakerHostetler

New Challenges to Incentive Awards for Class Representatives Invite Supreme Court Review

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Last week, the U.S. Court of Appeals for the Second Circuit issued a decision that highlights a growing disagreement among federal appellate courts as to whether class action settlements may include a cash incentive award to...more

Proskauer - Blockchain and the Law

App Store Protected by CDA Immunity (and Limitation of Liability) for Losses from Fraudulent Crypto Wallet App

Background - The issue of fraudulent crypto-related mobile apps has received much attention of late. Back in July 2022, the FBI issued a notice, warning financial institutions and investors about instances where criminals...more

White & Case LLP

EU General Court quashes Qualcomm antitrust fine for "exclusivity payments", and censures the EU Commission for multiple due...

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The General Court of the European Union delivered a blow to the European Commission in fully annulling its Qualcomm (exclusivity payments) decision of 2018 and a EUR 997 million fine. Qualcomm v Commission1 is the first...more

Fitch, Even, Tabin & Flannery LLP

IP Alert: Federal Circuit Nixes Admitted Prior Art as Basis for IPR

On February 1, in Qualcomm Inc. v. Apple Inc., the Federal Circuit held that Apple could not base an inter partes review (IPR) challenge of a Qualcomm patent solely on “applicant admitted prior art” (AAPA) found in the patent...more

Snell & Wilmer

Federal Circuit Rejects Two-Tiered Royalty Patent Damages

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By Dan Staren and David Barker Last week, a Federal Circuit panel vacated a billion dollar jury verdict in favor of plaintiff-appellee California Institute of Technology (“Caltech”) and remanded for a new trial on damages...more

Locke Lord LLP

Market Definition Is Front and Center in Recent Decision ‎‎Dismissing App Developers’ Antitrust ‎Claims Against Apple

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A recent decision from Judge Edward M. Chen in the United States District Court for the Northern District of California focuses on the sufficiency of allegations of market definition to state a claim for federal antitrust...more

Fitch, Even, Tabin & Flannery LLP

Again, Federal Circuit Holds Apple Lacked Standing to Appeal IPRs It Initiated

On November 10, in Apple Inc. v. Qualcomm Incorporated, for the second time, and in a 2-1 decision by a different panel, the Federal Circuit held that Apple lacked standing to appeal final decisions in inter partes review...more

Weintraub Tobin

Apple False Advertising Suit for “Buy” Buttons Could Have Serious Implications for Streaming Companies

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Apple is facing a new class-action lawsuit in the Western District of New York alleging that its use of the “buy” button is “false and misleading.” The suit claims that when Apple offers consumers the right to “buy” content,...more

Wilson Sonsini Goodrich & Rosati

Consumer’s Claims About His Rights to iTunes Purchases Survives Motion to Dismiss

What Does It Mean to "Buy" Digital Content? On August 13, 2020, David Andino sued Apple Inc. (Apple) in the United States District Court for the Eastern District of California for violations of three California state laws: 1)...more

BCLP

District Court Says Supreme Court Ruling on Standing in Class Actions Does Not Apply to Privacy Claims

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On June 25, 2021, the Supreme Court issued an important decision on Article III standing in class actions that will have a significant impact on the way class actions are certified - and will likely scuttle numerous ...more

Wilson Sonsini Goodrich & Rosati

The PTAB Review - July 2021

This issue of The PTAB Review begins with a brief summary of the U.S. Supreme Court’s most recent pronouncement about America Invents Act (AIA) reviews. It then provides an update on the Patent Trial and Appeal Board’s...more

UB Greensfelder LLP

Illinois Federal Court Rules Apple May Be “In Possession” of Biometric Data Stored on User Devices

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Last week, a federal court in Illinois ruled that the Illinois Biometric Information Privacy Act (BIPA) (740 ILCS § 14/1 et seq.) can apply to companies that do not exclusively control consumers’ biometric data, denying an...more

Proskauer - Minding Your Business

Second Circuit Revisits Transformative Use Test in “Fish Sticks n’ Tater Tots” Music Copyright Case

The Second Circuit recently upheld a ruling that streaming giants Apple, Amazon, and Netflix engaged in fair use, in a case concerning the use of plaintiff musicians’ song in a documentary film available for viewing on...more

Foley & Lardner LLP

Lopez v. Apple: When an Alleged Injury is Too Speculative to Confer Article III Standing

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A recent decision from the Northern District of California — Lopez, et al. v. Apple — highlights the continued impact of the U.S. Supreme Court’s decision in Spokeo, Inc. v. Robins in shaping Article III standing...more

Fisher Phillips

Employees Win Latest California Bag Check Case – But Court Leaves One Final Cliffhanger On The Compensability Of Closing Tasks

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The long-fought bag-check battle against Apple is coming to an end, and the employee class just won a major victory in California when a federal court of appeals ruled that the company must pay its workers for the time spent...more

Fisher Phillips

Sound The Alarm: What California’s Latest Bag Check Case Means for You

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In a unanimous decision, the California Supreme Court just held that the time spent by employees waiting for and undergoing security checks of bags and other personal items is compensable time under California law, even when...more

Holland & Knight LLP

California Supreme Court: Time Spent During Exit Searches is Compensable

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The California Supreme Court has handed down yet another decision broadening the scope of what is considered compensable work time under California's Wage Orders. In Frlekin v. Apple Inc., No. S243805, the state high court...more

Alston & Bird

Class Action & MDL Roundup – Fall 2019

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Welcome back to the Class Action & MDL Roundup! Our fall edition covers notable class actions from the third quarter of 2019. The circuit courts were busy with class actions in the third quarter. Appellate judges were able...more

BCLP

EU Commission Hits Qualcomm with Fine of EUR 242 million for Predatory Pricing

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For a second time in 18 months the EU Commission has slapped a large antitrust fine on Qualcomm, the world’s largest chip manufacturer. On 18 July 2019, the European Commission announced that it has imposed a fine of EUR 242...more

Association of Certified E-Discovery...

Weekly Trends Report – 1/23/2019 Insights

Insight into where e-discovery, information governance cybersecurity, and digital transformation are heading – who is doing what now or in the future, what works and what doesn’t, and what people wish they could do but can’t...more

Perkins Coie

Ninth Circuit Refines Antitrust Standing Doctrine Under Illinois Brick

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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

Perkins Coie

New Lawsuits Challenge Qualcomm’s Allegedly Anticompetitive Patent Practices

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The Federal Trade Commission filed suit last week in federal court against Qualcomm, Inc., following its investigation launched in September 2014. The FTC alleges that the semiconductor manufacturer illegally maintained a...more

McNees Wallace & Nurick LLC

Samsung Versus Apple in the Design Patent Wars: The Supreme Court Strikes Back – And Punts

In a December 6, 2016 opinion, the U.S. Supreme Court rendered the latest decision in the long-running war over smartphones between industry and cultural titans, Apple and Samsung. While many might have hoped for a clarifying...more

Burr & Forman

Supreme Court Changes Standard for Determining Damages for Design Patent Infringement

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Samsung Electronics Co., Ltd. v. Apple Inc. (No. 15-777) - In the closely-watched Samsung v. Apple case, the Supreme Court today issued a landmark ruling that changed the long-standing rule for calculating damages for...more

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