TRENTON, N.J. — Efforts by a former Pfizer Inc. affiliate to obtain dismissal of copyright infringement allegations were unsuccessful on Oct. 17, when a New Jersey federal judge instead ruled that the case can proceed (PDS Pathology Data System Ltd. v. Zoetis Inc., No. 16-2072, D. N.J., 2018 U.S. Dist. LEXIS 178405).
SAN FRANCISCO — A district court erred when it failed to treat $20 credits for class members in a settlement over a membership program enrollment and billing as coupons under the Class Action Fairness Act (CAFA) when it came to calculating the attorney fee award, a Ninth Circuit U.S. Court of Appeals panel ruled Oct. 3, vacating an $8.7 million attorney fee award and remanding for recalculation (In re EasySaver Rewards Litigation, No. 16-56307, 9th Cir., 2018 U.S. App. LEXIS 28000).
SAN FRANCISCO — A man’s defamation and negligence claims against Facebook Inc. over defamatory postings by two users treat the social network as speaker of the postings, a California federal judge concluded Oct. 9, granting Facebook’s motion to dismiss under the immunity permission of the Communications Decency Act (CDA) (Uzoma Igbonwa v. Facebook Inc., et al., No. 3::18-cv-02027, N.D. Calif., 2018 U.S. Dist. LEXIS 173769).
ATLANTA — Contrary to a trial court’s holding, an 11th Circuit U.S. Court of Appeals panel on Sept. 27 found that a deaf man’s lawsuit alleging unequal access to a Florida city’s website under the Americans with Disabilities Act (ADA) was not barred by the Twenty-First Century Communications and Video Accessibility Act of 2010 (CVAA), leading it to reverse a dismissal ruling (Eddie I. Sierra v. Hallandale Beach, Florida, No. 18-10740, 11th Cir., 2018 U.S. App. LEXIS 27592).
BUFFALO, N.Y. — In a report and recommendation issued Oct. 10, a New York federal magistrate judge found that a jurisdictional challenge to allegations that a defendant improperly sent a takedown notice under the Digital Millennium Copyright Act (DMCA) should be rejected (Shear Mobility LLC v. Maurice Stoll et al., No. 18-163, W.D. N.Y., 2018 U.S. Dist. LEXIS 175521).
WASHINGTON, D.C. — In an Oct. 12 amicus curiae brief, a disparate coalition of interested parties ask the U.S. Supreme Court to grant certiorari to an online content-monitoring service, arguing that the Second Circuit U.S. Court of Appeals employed the incorrect fair use standard when granting judgment in favor of Fox News Network LLC in a copyright dispute (TVEyes Inc. v. Fox News Network LLC, No. 18-321, U.S. Sup.).
ALEXANDRIA, Va. — A patent relating to navigating electronic data via spoken natural language requests will be the subject of an upcoming inter partes review (IPR), the Patent Trial and Appeal Board revealed Oct. 15 (Microsoft Corp. v. IPA Technologies Inc., No. IPR2018-00794, PTAB).
WASHINGTON, D.C. — In its Oct. 15 orders list, the U.S. Supreme Court said it will not review a November 2017 finding of patent ineligibility by the Federal Circuit U.S. Court of Appeals, in a decision a petitioner-patent owner called “inconsistent, incoherent and increasingly unmoored” from the text of Section 101 of the Patent Act, 35 U.S.C. § 101 (Two-Way Media Ltd. v. Comcast Cable Communications LLC, et al., No. 18-124, U.S. Sup.).
SEATTLE — A lawsuit brought by a group of states to prevent the online dissemination of 3D-printable gun plans asserts only claims against the federal government, three private defendants tell a Washington federal court in an Oct. 11 motion, arguing that judgment on the pleadings is merited because they are not necessary parties to the suit (Washington, et al. v. U.S. Department of State, et al., No. 2:18-cv-01115, W.D. Wash.).
NEW YORK — In an Oct. 12 appellee brief, a group of Twitter users and a free speech organization defend their position that President Donald J. Trump’s Twitter account is a public forum, asking the Second Circuit U.S. Court of Appeals to affirm a trial court’s finding that the president’s blocking of certain users due to their political views 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.).
WASHINGTON, D.C. — In response to petitions filed with the District of Columbia Circuit U.S. Court of Appeals over its recent repeal of the regulations protecting net neutrality, the Federal Communications Commission on Oct. 11 filed a respondent brief explaining that its so-called light-touch regulatory approach is consistent with the goals of promoting innovation and information sharing on the internet (Mozilla Corp., et al. v. Federal Communications Commission, et al., No. 18-1051, D.C. Cir.).
SAN FRANCISCO — One week after Facebook Inc. moved to extend the stays in two Ninth Circuit U.S. Court of Appeals appeals concerning possible violations of the Telephone Consumer Protection Act (TCPA) by text messages, the U.S. government as intervenor filed briefs in both cases on Oct. 11 supporting continued stays in light of two other related pending appeals (Colin R. Brickman v. Facebook Inc., No. 17-80080, and Christine Holt v. Facebook Inc., No. 17-80086, 9th Cir).
LOS ANGELES — In an Oct. 8 brief in California federal court, two ticket brokers accused of inappropriately using bots to purchase tickets opposed a motion by Ticketmaster LLC to dismiss their counterclaims against the ticket seller, arguing that the plaintiff has long engaged in a practice of copyright misuse to further its goal of monopolizing the ticket industry (Ticketmaster LLC v. Prestige Entertainment West Inc., et al., No. 2:17-cv-07232, C.D. Calif.).
WASHINGTON, D.C. — In an Oct. 11 White House ceremony, President Donald J. Trump signed into law H.R. 1551, the Orrin G. Hatch Music Modernization Act (MMA), which will — among other things — compensate artists for digitally downloaded pre-1972 master recordings.
ALEXANDRIA, Va. — In an Oct. 5 petition for inter partes review (IPR), social media giant Facebook Inc. tells the Patent Trial and Appeal Board that a patented visual index for a graphical search engine would be obvious to a person of skill in the art (Facebook Inc. v. Hyper Search LLC, No. IPR2019-00041, PTAB).
SAN JOSE, Calif. — A California federal judge on Oct. 9 granted a motion to dismiss a consumer’s claims for violation of California’s unfair competition law (UCL) and other causes of action against Google North America Inc. in relation to its mobile phone and data services, holding that he failed to plead his claims with the required particularity because he did not allege that he actually relied on misrepresentations made by Google (Gordon Beecher v. Google North America Inc., No. 18-cv-00753, N.D. Calif., 2018 U.S. Dist. LEXIS 173805).
SALT LAKE CITY — In an Oct. 5 ruling, a Utah federal magistrate judge found that Microsoft Corp.’s telemetry usage data related to the life preview feature in its Microsoft Office line of software products is discoverable in a patent infringement case because it is directly relevant to the claimed infringement and damages, granting the plaintiff’s motion to compel while mostly denying Microsoft’s motion for a protective order (Corel Software LLC v. Microsoft Corp., No. 15-528, D. Utah, 2018 U.S. Dist. LEXIS 172875).
SAN FRANCISCO — Two weeks after the Ninth Circuit U.S. Court of Appeals issued an awaited ruling defining an automatic telephone dialing system (ATDS) in the context of the Telephone Consumer Protection Act (TCPA), Facebook Inc. on Oct. 4 asked the court to extend the existing stays in two appeals about potential violations of the statute by automated text messages in light of yet another pending appeal that the social network says will address issues that remain unresolved after the recent ruling (Colin R. Brickman v. Facebook Inc., No. 17-80080, and Christine Holt v. Facebook Inc., No. 17-80086, 9th Cir.).
ATLANTA — On the eve of oral arguments in an 11th Circuit U.S. Court of Appeals dispute over whether Winn-Dixie Stores Inc. violated the Americans with Disabilities Act (ADA) with a website that is purportedly not equally accessible to the blind, the supermarket chain on Oct. 2 filed two responses to notices of supplemental authority filed by the plaintiff a day earlier (Winn-Dixie Stores Inc. v. Juan Carlos Gil, No. 17-13467, 11th Cir.).
ALEXANDRIA, Va. — In an Oct. 3 petition for inter partes review by the Patent Trial and Appeal Board, Apple Inc. argues that claimed concepts in a lens assembly with a plurality of refractive lens elements were well known in the art before the July 2013 priority date of a patent (Apple Inc. v. Corephotonics Ltd., No. IPR2019-00030, PTAB).