WASHINGTON, D.C. — Responding to an amicus curiae brief filed by the U.S. government, Google LLC filed a supplemental brief in support of its petition for certiorari on Oct. 16, telling the U.S. Supreme Court that its presented questions regarding the copyrightability of software interfaces are of “breathtaking importance” to the practice of reimplementation that is vital to the software industry (Google LLC v. Oracle America Inc., No. 18-956, U.S. Sup.).
ALEXANDRIA, Va. — A September 2019 divided decision by the Patent Trial and Appeal Board that turned away an Apple Inc. petition for inter partes review (IPR) of a patented beacon for transmitting Bluetooth messages should be reheard, the software giant maintains in an Oct. 16 filing with the board (Apple Inc. v. Uniloc 2017 LLC, No. IPR2019-00753, PTAB).
NEW YORK — More than three years after the Second Circuit U.S. Court of Appeals partly reversed a trial court’s ruling in favor of an online video-sharing service provider in a copyright infringement suit against it, a New York federal judge on Oct. 4 directed the plaintiff record labels to supplement and clarify their submitted evidence supporting assertions that employees of Vimeo LLC had “red flag knowledge” that certain user-submitted videos were infringing (Capitol Records LLC, et al. v. Vimeo LLC, et al., No. 1:09-cv-10101 and -10105, S.D. N.Y.).
RICHMOND, Va. — As the lone dissenter from an Oct. 9 Fourth Circuit U.S. Court of Appeals decision to deny rehearing to a man who sought to suppress evidence that he downloaded child pornography, Judge James A. Wynn Jr., who also dissented from the original panel ruling that upheld a trial court’s decision to not suppress, voiced his concern that courts too often do not take the time to sufficiently familiarize themselves with modern technology when it is the subject of lawsuits (United States v. Nikolai Bosyk, No. 18-4302, 4th Cir., 2019 U.S. App. LEXIS 30321).
TEXARKANA, Texas — After seeing their motions to dismiss and transfer denied, an antitrust lawsuit brought against them by an online travel agency (OTA), the defendant hotel chains each filed answers in Texas federal court on Oct. 11, denying any conspiracy and leveling counterclaims for trademark infringement against TravelPass Group LLC (TravelPass Group LLC, et al. v. Caesars Entertainment Corp., et al., No. 5:18-cv-00153, E.D. Texas).
OAKLAND, Calif. — In a jointly filed stipulation of dismissal on Oct. 14, Stackla Inc., Facebook Inc. and Instagram LLC tell a California federal court that they have settled and agreed to dismiss a month-old complaint brought by Stackla against the social networks over the decision to revoke the online marketer’s access to their platforms (Stackla Inc., et al. v. Facebook Inc., No. 4:19-cv-05849, N.D. Calif.).
SAN FRANCISCO — Citing an unjustified delay by Facebook Inc. in moving to dismiss an app developer’s claims against it under California’s Strategic Lawsuit Against Public Participation (anti-SLAPP) statute, a California appeals panel on Sept. 30 affirmed denial of that notion, permitting claims against the social network under California’s unfair competition law (UCL) to proceed (Six4Three LLC v. Facebook Inc., et al., Nos. A154890 and A155334, Calif. App., 1st Dist., 2019 Cal. App. Unpub. LEXIS 6616).
SAN JOSE, Calif. — A California federal judge on Oct. 11 granted a motion by Adobe Systems Inc. to compel arbitration in a class complaint by a professional photographer and videographer who alleges that the software company’s editing program malfunctioned and permanently deleted his files and data, but denied Adobe’s request to dismiss the class claims (David Keith Cooper v. Adobe Systems Incorporated, No. 18-6742, N.D. Calif., 2019 U.S. Dist. LEXIS 177413).
SAN FRANCISCO — A panel’s ruling that allowed an analytics firm to collect and use publicly available user data “pose[s] a grave threat to user privacy and the openness of the Internet” and runs counter to the intent of the Computer Fraud and Abuse Act (CFAA), LinkedIn Corp. tells the Ninth Circuit U.S. Court of Appeals in an Oct. 11 petition in which it seeks en banc rehearing of the panel’s decision that upheld an injunction permitting the data collection (hiQ Labs Inc. v. LinkedIn Corp., No. 17-16783, 9th Cir.).
SAN JOSE, Calif. — A federal judge in California on Oct. 11 granted Apple Inc.’s motion to dismiss 10 claims in a putative class action alleging that it falsely advertised that its computer screens were of the “highest quality” even though they contained a “critical defect” that it knew about, rejecting the plaintiffs’ contention that Apple’s fraudulent omissions makes it liable under the California’s unfair competition law (UCL) (Kim Ahern, et al. v. Apple Inc., No. 18-07196, N.D. Calif., 2019 U.S. Dist. LEXIS 177425).
NEW YORK — In a Sept. 27 brief opposing President Donald J. Trump’s petition for rehearing, a group of Twitter users who were blocked from the president’s account tell the Second Circuit U.S. Court of Appeals that there is nothing exceptional about a panel’s finding that the blocking violated the First Amendment to the U.S. Constitution (Knight First Amendment Institute at Columbia University, et al. v. Donald J. Trump, et al., No. 18-1691, 2nd Cir.).
CHICAGO — Concluding that Groupon Inc. failed to properly plead federal diversity jurisdiction in removing a right of publicity putative class action from state court, a Seventh Circuit U.S. Court of Appeals panel on Oct. 9 remanded an appeal over a class certification denial to the trial court for a determination of whether federal jurisdiction exists (Christine Dancel v. Groupon Inc., No. 19-1831, 7th Cir., 2019 U.S. App. LEXIS 30246).
SAN FRANCISCO — A subpoena requiring Twitter Inc. to identify an anonymous user who is the defendant in a Japanese defamation lawsuit survived the social network’s motion to quash on Oct. 7, when a California federal magistrate judge found that the plaintiff in that suit sufficiently established that the subpoena did not violate the right to anonymous speech under the First Amendment to the U.S. Constitution (In re Ex Parte Application of Dr. Yuichiro Yasuda, et al., No. 3:19-mc-80127, N.D. Calif., 2019 U.S. Dist. LEXIS 174001).
ALEXANDRIA, Va. — In an Oct. 8 final written decision, the Patent Trial and Appeal Board agreed with inter partes review (IPR) petitioner Apple Inc. that a patent directed to authenticating the identity of multiple users would have been obvious to a person of skill in the art (POSITA) (Apple Inc. v. Universal Secure Registry LLC, No. IPR2018-00809, PTAB).
WASHINGTON, D.C. — A petition for certiorari over the application of an immunity defense under the Communications Decency Act (CDA), which was filed by a New York man who brought negligence and product liability claims against Grindr LLC after he was the victim of online harassment, was denied by the U.S. Supreme Court in its Oct. 7 order list (Matthew Herrick v. Grindr LLC, et al., No. 19-192, U.S. Sup.).
WASHINGTON, D.C. — In its Oct. 7 order list, the U.S. Supreme Court declined to enter the debate over what obligations the Americans With Disabilities Act (ADA) imposes upon a website operator in terms of making a website accessible to people with disabilities, denying a petition for certiorari by Domino’s Pizza LLC in a lawsuit brought by a blind man (Domino’s Pizza LLC v. Guillermo Robles, No. 18-1539, U.S. Sup.).
WASHINGTON, D.C. — The U.S. Supreme Court on Oct. 7 declined to consider three questions over the role that volitional conduct plays in copyright infringement, denying a petition for certiorari by a real estate photography firm, which sued Zillow Inc. for its purportedly infringing use of certain photographs in its online listings that the petitioner said Zillow had the ability to control (VHT Inc. v. Zillow Group Inc., et al., No. 18-1540, U.S. Sup.).
WASHINGTON, D.C. — Opining that lines of Java computer code copied by Google LLC constituted protectable expressive content, Solicitor General (SG) Noel J. Francisco, in a Sept. 27 amicus curiae brief filed on behalf of the U.S. government, asserts that the Federal Circuit U.S. Court of Appeals correctly ruled in favor of Oracle America Inc. in a long-running copyright dispute, recommending that the U.S. Supreme Court deny Google’s petition for certiorari (Google LLC v. Oracle America Inc., No. 18-956, U.S. Sup.).
WASHINGTON, D.C. — The Federal Communications Commission’s 2018 order repealing net neutrality was mostly affirmed Oct. 1 in a detailed 186-page opinion by a District of Columbia Circuit U.S. Court of Appeals panel that upheld reclassification, deregulation and transparency provisions, while vacating a portion of the order that would preempt state laws that conflict with the order (Mozilla Corp., et al. v. Federal Communications Commission, et al., No. 18-1051, D.C. Cir., 2019 U.S. App. LEXIS 29480).
LOS ANGELES — A California federal judge on Sept. 23 issued judgment against VidAngel Inc., in accordance with a $62.4 million jury verdict that penalized the online video-filtering service provider for violating the Copyright Act and the Digital Millennium Copyright Act (DMCA) via its services (Disney Enterprises Inc., et al. v. VidAngel Inc., No. 2:16-cv-04109, C.D. Calif.).