PASADENA, Calif. — In an April 17 amicus curiae brief in the Ninth Circuit U.S. Court of Appeals, four internet and technology organizations oppose an adult entertainment firm’s bid for rehearing its copyright infringement suit against a usenet provider, arguing that the existing panel ruling identified the proper causal connection standard for determining vicarious liability in online and technological contexts (Perfect 10 Inc. v. Giganews Inc., et al., No. 15-55500, 15-55523 and 15-56026, 9th Cir.).
WASHINGTON, D.C. — On the heels of a March ruling that confirmed a Patent Trial and Appeal Board holding that one SimpleAir Inc. patent is valid, the Federal Circuit U.S. Court of Appeals is poised to decide the propriety of a Texas federal judge’s decision to dismiss a lawsuit against Google Inc. over two different SimpleAir patents (SimpleAir Inc. v. Google Inc., No. 16-2378, Fed. Cir.).
ALEXANDRIA, Va. — Google Inc. prevailed April 24 when the Patent Trial and Appeal Board agreed with the software giant that various claims of a patented method for detecting fraudulent clicks on web advertisements are obvious or claim patent-ineligible subject matter (Google Inc. v. Patrick Zuili, No. CBM2016-00008, PTAB).
ALEXANDRIA, Va. — A patented system and method relating to a method of prompting action between interconnected devices on April 24 was targeted for inter partes review (IPR) by Yahoo Inc. in a new filing before the Patent Trial and Appeal Board (Yahoo Inc. v. Intent IQ Inc., No. IPR2017-01299, PTAB).
NEW YORK — Even though a fired employee’s Facebook post was vulgar and offensive, a Second Circuit U.S. Court of Appeals panel on April 21 found that it constituted protected, union-related speech under the National Labor Relations Act (NLRA), leading the panel to grant a petition to enforce by the National Labor Relations Board, which found the man’s firing to be retaliatory in violation of the act (National Labor Relations Board v. Pier Sixty LLC, No. 15-1841, 2nd Cir., 2017 U.S. App. LEXIS 6974).
NEW YORK — A New York federal magistrate judge on April 21 recommended that a photographer be awarded $10,000 for each of five images infringed by web host Lycos Inc. — far less than the statutory maximum of $150,000 per infringed work originally sought in the case (Leif Skoogfors v. Lycos Inc., No. 16-2742, S.D. N.Y., 2017 U.S. Dist. LEXIS 61926).
ALEXANDRIA, Va. — Although it found in April 2016 that Google Inc. demonstrated that it would likely prevail on allegations that two claims of a vector-based traffic information patent would have been obvious to a person of skill in the art, the Patent Trial and Appeal Board on April 21 confirmed the patentability of both claims (Google Inc. v. Ji-Soo Lee, No. IPR2016-00045, PTAB).
WASHINGTON, D.C. — A District of Columbia federal judge on April 18 issued an opinion finding that a class complaint over the legitimacy of a university’s online-only program belongs in federal, not state, court and then dismissed the complaint with prejudice, finding that it was time-barred (Brice Bradford, et al. v. The George Washington University, No. 16-858, D. D. C., 2017 U.S. Dist. LEXIS 58590).
SAN DIEGO — A California federal judge on April 14 mostly granted a satellite phone company’s motion to dismiss a complaint alleging “click fraud” brought by a competitor, finding claims under the Computer Fraud and Abuse Act (CFAA) and related state law insufficiently pleaded (Satmodo LLC v. Whenever Communications LLC, et al., No. 3:17-cv-00192, S.D. Calif., 2017 U.S. Dist. LEXIS 57719).
NEW YORK — In an April 17 ruling, a New York federal judge rejected a request by an internet service provider (ISP) for intentional interference with contractual relations damages in connection with copyright enforcement efforts by the agent for BMG Rights Management US LLC (Windstream Services LLC v. BMG Rights Management US LLC and Rightscorp Inc., No. 16-5015, S.D. N.Y., 2017 U.S. Dist. LEXIS 58204).
ALEXANDRIA, Va. — In an April 17 final written decision, the Patent Trial and Appeal Board agreed with a patent examiner that 20 claims of a patented system and method for detecting and nullifying the effects of computer viruses do not pass muster under Section 103(a) of the Patent Act, 35 U.S.C. §§ 1 et seq. (Ex parte Intellectual Ventures I LLC, No. 2017-000054, PTAB).
SAN FRANCISCO — A service that captures copyrighted works broadcast over the air for online retransmission to paying subscribers without the consent of a copyright holder is not eligible for the compulsory license for “cable systems” provided for in Section 111 of the Copyright Act, 17 U.S.C. §§ 101 et seq., the Ninth Circuit U.S. Court of Appeals ruled March 21 (Fox Television Stations Inc., et al. v. Aereokiller LLC, No. 15-56420, 9th Cir., 2017 U.S. App. LEXIS 4999).
ALEXANDRIA, Va. — A patented network-computer-based personal contact manager system renders a claimed system for sharing information over the internet unpatentable, Facebook Inc. alleges in an April 14 petition for inter partes review filed with the Patent Trial and Appeal Board (Facebook Inc. v. ZKey Investments LLC, No. IPR2017-01278, PTAB).
WASHINGTON, D.C. — Allegations that Apple Inc. infringed a patent claim directed to a means of sending packet data from a cellular telephone to a network through the use of a selected channel were properly rejected by a Texas federal judge and jury, the Federal Circuit U.S. Court of Appeals ruled April 14 (Core Wireless Licensing S.a.r.l. v. Apple Inc., No. 15-2037, Fed. Cir., 2017 U.S. App. LEXIS 6410).
SAN FRANCISCO — A California federal judge on Feb. 22 barred California from enforcing a new age discrimination law requiring popular movie website IMDb.com and its companion IMDbPro to remove upon request age listings on subscribers’ profiles, saying “it’s difficult to imagine how [the law] could not violate the First Amendment” (IMDb.com, Inc. v. Xavier Becerra, No. 16-cv-06535, N.D. Calif., 2017 U.S. Dist. LEXIS 30776).
WASHINGTON, D.C. — In an April 7 petition for certiorari, former executives with now-defunct file-sharing service Megaupload ask the U.S. Supreme Court to hear arguments over the U.S. government’s application of laws governing the forfeiture of foreign-held assets by those deemed to be fugitives avoiding prosecution, arguing that their assets were wrongly seized in conjunction with a novel, untested theory of criminal copyright infringement (Finn Batato, et al. v. United States of America, No. 16-1206, U.S. Sup.).
LOS ANGELES — A California federal judge on April 10 granted a motion filed by a company that alleges that another entity violated California's unfair completion (UCL) and false advertising laws when it sold trademarked domain names, finding the company in contempt of a temporary restraining order and injunction (UL LLC v. The Space Chariot Inc., et al., No. 2:16-cv-08172, C.D. Calif., 2017 U.S. Dist. LEXIS 56147).
ALEXANDRIA, Va. — Six claims of a patented method for location sharing and mobile phone tracking are unpatentable as anticipated, Uber Technologies Inc. alleges in an April 7 petition for inter partes review (Uber Technologies Inc. v. X One Inc., No. IPR2017-01255, PTAB).
PASADENA, Calif. — A Ninth Circuit U.S. Court of Appeals panel correctly found that it was not liable for its users’ posting of copyrighted adult pictures, a usenet service provider asserts in an April 10 brief opposing an adult entertainment firm’s petition for rehearing, arguing that the panel applied the correct standard for determining vicarious liability (Perfect 10 Inc. v. Giganews Inc., et al., No. 15—55500, 15-55523 and 15-56026, 9th Cir.).
BROOKLYN, N.Y. — Citing the views of the U.S. Copyright Office, a New York federal judge on April 8 found that if a plaintiff’s ambient songs are ultimately adjudged to be the same musical works as non-ambient songs, Amazon.com Inc. is not required to serve a copyright owner with additional notices of intent (NOIs) to obtain compulsory licenses (Yesh Music LLC, et al. v. Amazon.com Inc., et al., No. 16-1406, E.D. N.Y., 2017 U.S. Dist. LEXIS 54417).