WASHINGTON, D.C. — The Electronic Frontier Foundation (EFF) was entitled to prevail on its petition before the Patent Trial and Appeal Board, which challenged the validity of a podcast technology patent, the Federal Circuit U.S. Court of Appeals ruled Aug. 7 (Personal Audio LLC v. The Electronic Frontier Foundation, No. 16-1123, Fed. Cir., 2017 U.S. App. LEXIS 14485).
WASHINGTON, D.C. — Citing concerns under the First and Fourth Amendments to the U.S. Constitution, a web-hosting firm on Aug. 11 told a District of Columbia court that a U.S. Department of Justice search warrant seeking identifying information for visitors to an anti-Donald Trump website is overbroad and in violation of federal privacy law (In re: the Search of www.disruptj20.org that Is Stored at Premises Owned, Maintained, Controlled,, or Operated by DreamHost, No. 17 CSW 3438, D.C. Super.).
SAN FRANCISCO — Considering remand instructions from the U.S. Supreme Court, a Ninth Circuit U.S. Court of Appeals panel on Aug. 15 again ruled in favor of a man that charged a data aggregator with Fair Credit Reporting Act (FCRA) violations for posting inaccurate information about him, deeming the alleged resulting harm to be sufficiently concrete to constitute an injury-in-fact to establish standing under Article III of the U.S. Constitution (Thomas Robins v. Spokeo Inc., No11-56843, 9th Cir., 2017 U.S. App. LEXIS 15211).
WASHINGTON, D.C. — A dismissal by a Delaware federal judge of patent infringement allegations against NVIDIA Corp. was reversed and remanded Aug. 15 by a divided Federal Circuit U.S. Court of Appeals, which concluded that the dismissal was premised on an erroneous finding of patent ineligibility (Visual Memory LLC v. NVIDIA Corporation, No. 16-2254, Fed. Cir.).
SAN FRANCISCO — In an Aug. 14 ruling, a California federal judge enjoined LinkedIn Corp. from denying a data analytics company access to publicly available information on its professional social networking site, finding no support for LinkedIn's argument that the access violated the Computer Fraud and Abuse Act (CFAA) (hiQ Labs Inc. v. LinkedIn Corp., No. 3:17-cv-03301, N.D. Calif., 2017 U.S. Dist. LEXIS 129088).
WASHINGTON, D.C. — In an Aug. 2 petition for certiorari, Apple Inc. asks the U.S. Supreme Court to resolve a dispute over what constitutes a direct or indirect purchaser for purposes of establishing standing in antitrust litigation, seeking reversal of an appeals court permitting iPhone owners to sue Apple related to app prices (Apple Inc. v. Robert Pepper, et al., No. 17-204, U.S. Sup.).
SAN FRANCISCO — A trial court should have fully granted Facebook Inc.’s motion to strike a musician’s lawsuit against it under California’s Strategic Lawsuit Against Public Participation statute (anti-SLAPP statute), a California appeals panel ruled Aug. 9, finding the plaintiff’s claims to be barred by the Communications Decency Act (CDA) (Jason Cross, et al. v. Facebook Inc., Nos. 148623 and 149140, Calif. App., 1st Dist., 2017 Cal. App. LEXIS 691).
WILMINGTON, Del. — Allegations by two plaintiffs that 12 patents were infringed by the manufacture and sale of certain televisions, laptops and tablets were partly dismissed Aug. 11 by a Delaware federal judge on the basis of license agreements that cover some of the accused products (MiiCs and Partners America Inc., et al. v. Toshiba Corp., et al., No. 14-803; MiiCs and Partners America Inc. v. Funai Electric Co., et al., No. 14-804, D. Del., 2017 U.S. Dist. LEXIS 127745).
SAN FRANCISCO — A class of long-term renters suing Airbnb Inc. in part for injury in fact due to the company’s short-term renters causing damage to common resources failed to demonstrate standing under California’s unfair competition law (UCL), a California appellate panel ruled Aug. 10 in an unpublished opinion (Louis Gamache, et al. v. Airbnb, Inc., No. A146179, Calif. App., 1st Dist., Div. 5, 2017 Cal. App. Unpub. LEXIS 5501).
By Sanjay Nasta and Paul J. Adam
SAN FRANCISCO — A Ninth Circuit U.S. Court of Appeals panel on Aug. 4 upheld a trial court’s $41,884,767 class action judgment against Safeway Inc. in a lawsuit over the grocer’s practice of pricing grocery items on its website an average of 10 percent higher than the same items in its stores without notifying consumers (Michael Rodman, et al. v. Safeway, Inc., No. 15-17390, 9th Cir., 2017 U.S. App. LEXIS 14397).
ERIE, Pa. — A Wyoming couple’s claims that computer seller and lessor and its franchisee violated the Electronic Communications Privacy Act (ECPA) by installing spyware on its computers are not suited for class certification because individualized issues pertaining to liability predominate, a Pennsylvania federal magistrate judge ruled Aug. 4 (Crystal Byrd, et al. v. Aaron’s, Inc., et al., No. 11-101, W.D. Pa., 2017 U.S. Dist. LEXIS 124291).
ALEXANDRIA, Va. — In an Aug. 9 ruling, a Virginia federal judge declared “Booking.com” a descriptive trademark that has acquired secondary meaning in Class 43 for hotel reservation services (Booking.com B.V. v. Joseph Matal, No. 16-425, E.D. Va., 2017 U.S. Dist. LEXIS 126320).
SAN JOSE, Calif. — A California federal judge on Aug. 7 granted final approval of a $22.5 million settlement of a class action over Google Inc.’s AdWords program under California’s unfair competition law (UCL) and false advertising law (FAL) (In Re Google AdWords Litigation, No. 5:08-cv-03369, N.D. Calif.).
NEW YORK — In a July 28 stipulation of dismissal filed in New York federal court, an online mattress retailer and a mattress review website operator announced that they have settled their respective false advertising claims, brought under the Lanham Act and state law (Casper Sleep Inc. v. Derek Hales, et al., No. 1:16-cv-03223, S.D. N.Y.).
RICHMOND, Va. — A domain registry firm that prevailed in a Lanham Act false advertising suit appealed a denial of its quest for attorney fees to the Fourth Circuit U.S. Court of Appeals, arguing in a July 31 brief that a trial court used the incorrect evidentiary standard and failed to consider evidence of the plaintiff’s improper motive in filing suit (Verisign Inc. v. XYZ.com LLC, et al., No. 17-1704, 4th Cir.).
NEW YORK — Following an appeals court ruling and a denial of certiorari, the founder of now-defunct online music-sharing service MP3tunes LLC on July 28 asked a New York federal judge to grant him relief from a previous adverse judgment, citing new precedent that he says controls what claims may be brought against an out-of-state defendant (Capitol Records LLC, et al. v. MP3tunes LLC, et al., No. 1:07-cv-09931, S.D. N.Y.).
SAN FRANCISCO — A California federal judge on July 25 agreed to permit Oracle America Inc. to amend its complaint against Hewlett Packard Enterprise Co. (HPE) to address a California magistrate judge’s November 2016 ruling that Oracle’s allegations of international copyright infringement were inadequately pleaded (Oracle America Inc. v. Hewlett Packard Enterprise Company, No. 16-1393, N.D. Calif., 2017 U.S. Dist. LEXIS 116298).
SAN JOSE, Calif. — A recent Canadian Supreme Court ruling requiring Google Inc. to remove from all of its worldwide sites links to a trade secret infringer’s websites cannot be enforced in the United States, the internet giant argues in a July 24 complaint, asking a California federal court to grant it declaratory relief (Google Inc. v. Equustek Solutions Inc., No. 5:17-cv-04207, N.D. Calif.).
NEW YORK — A firm’s loss due to a fraudulent wire transfer scheme constituted computer fraud even though the thief used email spoofing rather than hacking into the company’s system, a New York federal judge ruled July 21, finding that coverage for the multimillion dollar loss existed under the computer fraud provision of the company’s executive protection insurance policy (Medidata Solutions Inc. v. Federal Insurance Co., No. 1:15-cv-00907, S.D. N.Y.).