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The USPTO's decision will probably reduce the damages claim against Samsung, said Peter S. Vogel, a partner with Gardere Wynne Sewell. However, Apple's exposure is much bigger than the Samsung trial, he told the E-Commerce Times....

The fact that the Internet has no boundaries of time or geography has changed the way businesses operate forever. One feature of the Internet is that it has allowed creative businesses to avoid, or at least minimize their tax liabilities. ...

Most courts around the world -- including in the U.S. -- historically have supported arbitration rulings in business, said Peter S. Vogel, partner with Gardere Wynne Sewell "The nature of arbitration is that it is creature of contract," he told the E-Commerce Times. "If two b...

Do you really believe your Web-based email is private? Let's start with Terms of Service (ToS) or Privacy Policies, which few people actually read -- maybe even less so for webmail accounts. ...

"There is no uniform definition for FRAND," Peter S. Vogel, partner with Gardere Wynne Sewell, told the E-Commerce Times. Establishing one would be difficult. "Every single patent has a different value in the marketplace, so determining a uniform definition would be a huge ...

Most everyone on the Internet reads Wikipedia, whether they rely on it or not, but few understand how wikis work or who owns the content. Understanding content ownership is important, because so many people freely contribute to wikis. If the owner of the wiki decides to revise or move the content, that could lead to a lawsuit. ...

The earlier tactics tried by the RIAA and MPAA were dismal failures, Peter S. Vogel, partner with Gardere Wynne Sewell, told the E-Commerce Times "The RIAA filed over 35,000 lawsuits and only two went to trial. Even though those trials were high visibility and the defendants ...

If Apple gets its way, Samsung will no longer be able to sell any cell devices that it claims infringe on Apple's patents. This could be devastating, since as of July 2012, Samsung owned 25.6 percent and Apple just 6.3 percent of the mobile market, according to a comScore report. However, the Apple v. Samsung battles will continuefor quite some time, and just because the jury gave a US$1 billion verdict to Apple in California does notmean the end is near.

Dissecting the reasons underlying any one play in such a complex, multicountry legal battle is at best a guessing game, said Peter S. Vogel, partner with Gardere Wynne Sewell. "There is no simple, one answer to what Apple's strategy is with either Samsung or Google," he told ...

On the other hand, avoiding the courtroom through a negotiated truce undeniably makes sense, Peter S. Vogel, a partner with Gardere Wynne Sewell, told the E-Commerce Times. Why go through a protracted legal battle that could have surprising turns if a settled offer gets you at least some of what you want? ...

Privacy in the cloud may be an illusion, given the known cybersecurity risks, not to mention the laws in the U.S. and around the world that permit government agencies relatively easy access to remote data including data stored in the cloud. ...

While the order will likely be a galling one for Apple to fulfill, the judge's intention is not to humiliate the company, Peter S. Vogel, a partner withGardere Wynne Sewell, told MacNewsWorld. "With the proliferation of information on the Internet, there clearly can be, and i...

A recent report in The Wall Street Journal sheds light on a new "Big Brother." Some of the largest automobile insurance companies are now using driving data obtained from GPS and other devices to create preferred pricing for those who submit real-time driving data that demonstrate their good driving habits and low risk. ...

Given the stakes -- and the vast uncertainty that comes with litigation -- it was almost a case of when, not if, Yahoo and Facebook would settle this dispute, Peter S. Vogel, a partner with Gardere Wynne Sewell, told the E-Commerce Times Few companies will take a litigate-or-...

"Because of the way the FCC is organized, with three of the five Commissioners selected by the current president, the agency will likely change its approach to this subject every four or eight years," Peter S. Vogel, a partner at Gardere Wynne Sewell, told the E-Commerce Times...

This story was originally published on May 9, 2012, and is brought to you today as part of our Best of ECT News series. ...

The potential fine alone would be enough to make Google push for a settlement or at least make promises to keep the EC at bay, Peter S. Vogel, a partner with Gardere Wynne Sewell, told the E-Commerce Times. "The risk of being fined 10 percent of annual revenues is a huge stic...

Leaving this recent history aside, in general companies are smart to settle outside of court if they can, Peter S. Vogel, partner with Gardere Wynne Sewell, told the E-Commerce Times "In a settlement you have control over the outcome," he explained, "but when you go to court,...

When companies started issuing BlackBerry phones, the world changed. With the advent of the iPhone andAndroid, the world changed again. Employees started using the newer, hotter technologies, and manycarried the company BlackBerry and the iPhone or an Android handset but did not like carrying two devices -- one forwork and one for personal stuff. ...

This story was originally published on March 14, 2012, and is brought to you today as part of our Best of ECT News series. ...