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High-Tech Law & Litigation Blog

  • 30
  • November
  • 2017

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IP Implementers Beware: Assistant Attorney General Delrahim Stakes Out New Balance in Intersection of Innovation and Antitrust Policy

In the few short weeks since his Senate confirmation in late September, new DOJ Antitrust Division boss Makan Delrahim has wasted no time staking out the Division’s position regarding certain key areas of antitrust enforcement and regulation. One of those areas is innovation policy and, specifically, the intersection of antitrust law and intellectual property in the context of standard-setting organizations (“SSOs”) and policies regarding the licensing of standard-essential patents (“SEPs”). Assistant Attorney General Delrahim’s comments on this subject are especially interesting given that he is the first registered patent lawyer to helm the DOJ Antitrust Division. In a speech at the University of Southern California’s Gould School of Law earlier this month, Assistant Attorney General Delrahim made clear his belief that the application of competition policy and enforcement has been too heavy-handed in the SSO and SEP arena and that the scale has been tipped for too long in favor of implementers.

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  • 21
  • November
  • 2017

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Suggestion and Innuendo Held Insufficient To Create Federal Jurisdiction in Qualcomm Patent Licensing Litigation

Qualcomm scored a victory in one of the many battles in its war with Apple and others surrounding licensing practices for baseband processors. In July, Apple — which is suing Qualcomm for allegedly overcharging for licenses to use its chip patents and withholding over a billion dollars in royalties — amended a pending complaint to add claims relating to an additional nine patents-in-suit. In August, Qualcomm moved to dismiss the additional claims relating to those nine patents on the grounds that the court lacked declaratory judgment jurisdiction to hear the claims. This month, the Southern District of California dismissed the additional claims, agreeing with Qualcomm that jurisdiction did not exist.

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  • 14
  • November
  • 2017

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Trumping Up CFIUS? Proposed Legislation Expands CFIUS Reviews To Include a Wide Variety of Technology Transactions

Section 721 of the Defense Production Act of 1950 (the “DPA”) authorizes the President of the United States and the Committee on Foreign Investment in the United States (the “Committee” or “CFIUS”) to take such action to protect the national security with regard to any transaction in which a foreign person could obtain control of a U.S. business (a “Covered Transaction”). Practitioners generally believe that CFIUS has and wields broad and effective authority to protect the national security of the United States. However, Senator John Cornyn (R-Texas) and key figures within the Administration apparently do not share that view, as on November 8, 2017, Senator Cornyn and a bipartisan group of co-sponsors introduced the Foreign Investment Risk Review Modernization Act of 2017 to amend the DPA (the “Amendment”). If enacted, the Amendment will significantly expand the authority of CFIUS by broadening the types of transactions that CFIUS is able to review and lengthening the list of factors that CFIUS is to take into account when assessing the impact of a transaction on the national security of the United States.

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  • 26
  • October
  • 2017

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The FTC Issues Clarifications on the Children’s Online Privacy Protection Rule and Voice Recordings

On October 23, 2017, the Federal Trade Commission released a new policy enforcement statement regarding the Children’s Online Privacy Protection Rule (“COPPA”), a rule designed to “strengthen kids’ privacy protections and give parents greater control over the personal information that websites and online services may collect from children under 13.” The FTC’s new policy statement clarifies that the Commission will not require online providers and websites to acquire parental consent for the recording of a child’s voice for the purpose of replacing written words — such as for a command or a search done using a home voice control system. For example, the FTC will not enforce if a home voice control system records a child’s voice when they ask a question or give a request. This clarification is not without limit, as we explain here.

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Something for Everyone: Businesses Across All Industries Can Learn from FTC's "Stick with Security" Guidance on Data Security Best Practices

As a dynamic follow-up to its “Start with Security” guide, the Federal Trade Commission (“FTC”) debuted in July its “Stick with Security” initiative to provide continued guidance to businesses on sound security practices. The initiative has kicked off with a series of Friday blog posts, each emphasizing a security best practice drawn from the FTC’s closed investigations, its law enforcement actions, and questions it has received from businesses. In the first blog post, published July 21, 2017, the FTC revealed some of the themes that resulted in the FTC not taking law enforcement action.

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Contributors

Jason A. Levine

Jason A. Levine Partner

Jennifer C. Chen

Jennifer C. Chen Partner

Devika Kornbacher

Devika Kornbacher Partner

Marc A. Fuller

Marc A. Fuller Counsel

Thomas W. Bohnett

Thomas W. Bohnett Senior Associate

Megan Coker

Megan Coker Senior Associate

Trey Hebert

Trey Hebert Associate

Howard Lithaw Lim Associate

Elizabeth Krabill McIntyre

Elizabeth Krabill McIntyre Senior Associate

David C. Smith

David C. Smith Counsel

Margaret D. Terwey

Margaret Dunlay Terwey Senior Associate

Ryan B. Will

Ryan Will Associate

Siho (Scott) Yoo

Siho (Scott) Yoo Senior Associate