Mealey's Cyber Tech & E-Commerce

  • January 27, 2020

    High Court Asked To Consider Jurisdiction For Online Acts In Suit Against Facebook

    WASHINGTON, D.C. — An Alabama woman whose negligence and emotional distress claims over postings on Facebook Inc.’s social network were dismissed for lack of jurisdiction filed a petition for certiorari in the U.S. Supreme Court on Jan. 17, asking the high court to provide guidance as to when virtual contacts are sufficient to establish specific personal jurisdiction (K.G.S. v. Facebook Inc., No. 19-910, U.S. Sup.).

  • January 27, 2020

    Apple Wins Dismissal Of Ad Hoc Network Patent Dispute In California

    SAN FRANCISCO — A federal judge in California on Jan. 24 agreed with Apple Inc. that the tech giant’s “Personal Hotspot” software does not infringe a patent relating to the formation of “ad-hoc” networks (WiNet Labs LLC v. Apple Inc., No. 19-2248, N.D. Calif., 2020 U.S. Dist. LEXIS 12138).

  • January 24, 2020

    Coverage Triggered For Damage To Computer System Caused By Ransomware Attack

    BALTIMORE — A federal judge in Maryland on Jan. 23 held that an insured’s data and software constituted covered property under its business owners insurance policy and that the insured established damage to its computer system “despite its residual ability to function,” granting the insured’s motion for summary judgment in its lawsuit seeking coverage for its loss arising from a ransomware attack (National Ink and Stitch LLC v. State Auto Property and Casualty Insurance Company, No. 18-2138, D. Md., 2020 U.S. Dist. LEXIS 11411).

  • January 23, 2020

    Coinbase Agrees To Nearly $1M Settlement For Cryptsy Class

    WEST PALM BEACH, Fla. — A federal judge in Florida on Dec. 10 granted preliminary approval of a $962,500 settlement to be paid by Coinbase Inc. to a class of individuals whose bitcoin were allegedly stolen from them by Crypsty, a cryptocurrency exchange; a nearly identical class previously settled with Crypsty and Paul Vernon for $796,000 (Brandon Leidel, et al. v. Coinbase, Inc., No. 16-81992, S.D. Fla.).

  • January 22, 2020

    Uniloc Patent Targeted By Google For Inter Partes Review

    ALEXANDRIA, Va. — In a Jan. 17 filing with the Patent Trial and Appeal Board, Google LLC requests cancellation of a single claim of a Uniloc 2017 LLC patent directed to data modification (Google LLC v. Uniloc 2017 LLC, No. IPR2020-00447, PTAB).

  • January 22, 2020

    Victims’ Families Seek Certiorari For CDA Immunity Application In Facebook Row

    WASHINGTON, D.C. — In a Jan. 2 petition for certiorari, a group of terror victims’ family members ask the U.S. Supreme Court to provide guidance on the application of immunity for interactive computer service providers under the Communications Decency Act (CDA), arguing that their terror-aiding claims against Facebook Inc. were wrongly dismissed (Stuart Force, et al. v. Facebook Inc., No. 19-859, U.S. Sup.).

  • January 09, 2020

    COMMENTARY: Top Ten Digital Accessibility Legal Stories Of 2019

    By Sean McElaney

  • January 17, 2020

    Final Approval Sought For $40 Million Settlement Of Facebook Ad Metrics Suit

    OAKLAND, Calif. — Two months after a California federal judge preliminarily approved a $40 million settlement over inflated video advertising metrics on Facebook Inc.’s social network, the two remaining advertiser plaintiffs on Jan. 15 moved for final approval of the settlement of their unfair competition and breach of duty claims (LLE One LLC, et al. v. Facebook Inc., No. 4:16-cv-06232, N.D. Calif.).

  • January 17, 2020

    Expert Allowed In Suit Seeking Coverage For Money Lost To Phishing Scheme

    RICHMOND, Va. — An insurance company’s expert can testify in a coverage dispute for money paid by a company that got duped by a phishing scheme because he meets all of the requirements for an expert witness, a Virginia federal judge held Jan. 15 (Quality Plus Services, Inc. v. National Union Fire Insurance Company of Pittsburgh, Pa., No. 3:18-cv-454, E.D. Va., 2020 U.S. Dist. LEXIS 7337).

  • January 17, 2020

    Panel: Failure To Mitigate Copyright Damages Not A Complete Defense

    NEW ORLEANS — In what it deemed a case of first impression, the Fifth Circuit U.S. Court of Appeals on Jan. 15 ruled that failure to mitigate damages does not preclude liability altogether when assessing statutory damages under the Copyright Act, 17 U.S.C. § 504(c), and the Digital Millennium Copyright Act (DMCA), 17 U.S.C. § 1203(c) (Energy Intelligence Group Inc. v. Kayne Anderson Capital Advisors LP, No. 18-20350, 5th Cir., 2020 U.S. App. LEXIS 1347).

  • January 17, 2020

    Patent Owner Argues Against Construction Proposed By Microsoft

    WASHINGTON, D.C. — A patent owner on Jan. 7 maintained before the Federal Circuit U.S. Court of Appeals that a Delaware federal magistrate judge arrived at an incorrect construction of a disputed claim term in a patent infringement lawsuit over the “Bing” search engine (Improved Search LLC v. Microsoft Corp., No. 19-1961, Fed. Cir.).

  • January 17, 2020

    Patented Data Security For Removable Devices Not Obvious, Owner Says

    ALEXANDRIA, Va. — In a Jan. 15 patent owner response, a computer hardware and security company asserts that prior art relied upon by a petitioner for inter partes review (IPR) and the Patent Trial and Appeal Board, in instituting IPR, does not render its invention obvious to a person of skill in the art (POSITA) (Trend Micro Inc. v. CUPP Computing AS, No. IPR2019-00803, PTAB).

  • January 16, 2020

    Bitcoin Mogul Finally Provides Compelled List Of Bitcoin Holdings

    WEST PALM BEACH, Fla. — Ten months after bitcoin pioneer Craig Wright was first ordered to provide a list of his bitcoin holdings in a dispute over the ownership of potentially billions of dollars’ worth of digital currency, the defendant filed a notice of compliance in Florida federal court on Jan. 14, reporting that he had provided the list to the plaintiffs that same day (Ira Kleiman, et al. v. Craig Wright, No. 9:18-cv-80176, S.D. Fla.).

  • January 16, 2020

    VirnetX’s Response Requested To Apple’s Certiorari Bid In $439 Million Patent Row

    WASHINGTON, D.C. — Less than two weeks after VirnetX Inc. waived its right to respond to Apple Inc.’s petition for certiorari in a suit where Apple was hit with a $439 million damages judgment, the U.S. Supreme Court on Jan. 14 asked the respondent to file its answers to questions raised about patent apportionment and invalidation (Apple Inc. v. VirnetX Inc., et al., No. 19-832, U.S. Sup.).

  • January 16, 2020

    Apple Prevails In Review Of Qualcomm Interactive Display System Patent

    ALEXANDRIA, Va. — The Patent Trial and Appeal Board in a Jan. 15 final written decision agreed with Apple Inc. that all four claims of a Qualcomm patent would have been obvious to a person of skill in the art (Apple Inc. v. Qualcomm Corp., No. IPR2018-01245, PTAB).

  • January 14, 2020

    Professor Sues New York Times For Defamation Over ‘Clickbait’ Epstein Headline

    BOSTON — A Harvard Law School professor on Jan. 13 filed a complaint against the New York Times Co. (NYT) in Massachusetts federal court, accusing the newspaper of defamation for its online publication of a misleading “clickbait” that he says associated him with convicted sex offender Jeffrey Epstein (Lawrence Lessig v. The New York Times Co., et al., No. 1:20-cv-10060, D. Mass.).

  • January 13, 2020

    Rimini Street Denied 2nd Certiorari Bid In Oracle Software Copyright Suit

    WASHINGTON, D.C. — Ten months after the U.S. Supreme Court ruled in favor of Rimini Street Inc. on nontaxable costs in a nearly decade-old copyright dispute with Oracle USA Inc., the high court on Jan. 13 declined to grant the software support firm’s second petition for certiorari, this time on a question on injunctive relief related to an innocent infringement verdict (Rimini Street Inc., et al. v. Oracle USA Inc., et al., No. 19-589, U.S. Sup., 2020 U.S. LEXIS 210).

  • January 10, 2020

    Porn Website Must Pay $12.7 Million To Duped Models

    SAN DIEGO — In a detailed 187-page proposed statement of decision, a California judge on Jan. 2 found the operators of an adult website to be jointly liable for deceit and fraud in its posting and distribution of pornographic videos of 22 women without their consent, awarding the plaintiffs more than $12 million in damages based on the defendants’ “reprehensible” behavior and “obfuscation” over many years (Jane Doe Nos. 1-22 v. GirlsDoPorn.com, et al., No. 37-2016-00019027, Calif. Super, San Diego Co.).

  • January 09, 2020

    Sonos Says Google Willfully Infringes Wireless Speaker Patents

    LOS ANGELES — In a Jan. 7 complaint filed in California federal court, Google LLC is accused of generating “billions of dollars in revenue” by integrating, without permission, a plaintiff’s patented wireless audio technology in more than a dozen infringing products, including the Google Home Mini (Sonos Inc. v. Google LLC, No. 20-169, C.D. Calif.).

  • January 09, 2020

    PTO To Supreme Court: Adding ‘.Com’ Does Not Make Generic Trademark Protectable

    WASHINGTON, D.C. — In its Jan. 6 opening merits brief, the U.S. Patent and Trademark Office (PTO) opposes the Fourth Circuit U.S. Court of Appeals’ finding that “Booking.com” is a protectable trademark, asking the U.S. Supreme Court to find that the combination of a generic top-level domain (TLD), such as “.com,” and a generic term does not create a registrable mark (U.S. Patent and Trademark Office, et al. v. Booking.com B.V., No. 19-46, U.S. Sup.).