Mealey's Cyber Tech & E-Commerce

  • June 17, 2022

    Judge Dismisses UCL Suit Claiming Apple Updates Harmed IPhone Battery Life

    SAN JOSE, Calif. — A California federal judge on June 14 granted Apple Inc.’s motion to dismiss a lawsuit contending it violated California’s unfair competition law (UCL) and other statutes by allegedly releasing software updates that intentionally harmed iPhone performance, finding that the plaintiffs failed to sufficiently plead their claims and relied in large part on “anonymous online postings.”

  • June 17, 2022

    Prudential, Shenzhen Spar Over Cybersquatting Ruling In 4th Circuit Briefs

    RICHMOND, Va. — In a June 14 reply brief, a Chinese internet financial company tells the Fourth Circuit U.S. Court of Appeals that a trial court wrongly concluded that it acquired the domain in bad faith, by relying on circumstantial evidence and by not drawing inferences in its favor.

  • June 15, 2022

    Borrower Seeking Bitcoin Return Split Rights With Parallel UCL Claim, Panel Says

    LOS ANGELES — A California appellate panel on June 14 affirmed a trial court’s order sustaining a demurrer to a borrower’s claim that his lender violated California’s unfair competition law (UCL) by selling bitcoin he pledged as collateral, finding that the action represented “impermissible claim splitting” because he had previously filed a separate suit for damages against the lender based on the same injury.

  • June 15, 2022

    Anonymous Tweeter Asks High Court To Decide Standard For Unmasking Doe Defendants

    WASHINGTON, D.C. — Appealing a trial court’s issuing of a subpoena to identify her in an underlying defamation lawsuit and asserting her right to speak anonymously online, a Jane Doe defendant filed a petition for certiorari with the U.S. Supreme Court on June 7, asking the court to provide a nationwide standard for compelling Does’ identities instead of the existing “patchwork of standards of review among federal courts.”

  • June 07, 2022

    COMMENTARY: DOJ Guidance On Web Accessibility And The ADA As Related To Title II

    By Hiram Kuykendall

  • June 14, 2022

    Fraud, UCL Claims Over Apple Device Processors Performance Speed Again Dismissed

    SAN JOSE, Calif. — For the third time in less than four years, a California federal judge on June 8 dismissed putative class claims under California’s unfair competition law (UCL) and federal and state fraud statutes over the purported processor speed slowdown for certain of Apple Inc.’s devices, finding that the plaintiffs did not establish the necessary elements to show any fraudulent conduct in the defendant’s efforts to mitigate a security vulnerability, which led to the slowdown.

  • June 13, 2022

    Zillow Tells 9th Circuit Infringing Photos Were A Single Compilation

    SAN FRANCISCO — A trial court’s finding of willful copyright infringement and its issuance of a $1,927,200 damages award cannot stand, Zillow Group Inc. tells the Ninth Circuit U.S. Court of Appeals in its May 31 opening appellant brief, in light of the requirement of Fourth Estate Pub. Benefit Corp. v., LLC that a work be registered prior to initiating infringement litigation.

  • June 14, 2022

    In Utah Federal Copyright Case, Claim-Splitting Doctrine Doesn’t Apply

    SALT LAKE CITY — A motion to dismiss copyright infringement allegations on grounds of claim-splitting failed June 9, when a federal judge in Utah instead ruled the case should proceed.

  • June 13, 2022

    North Carolina Federal Judge Issues $335,000 Sanction In Trademark, Copyright Case

    ASHEVILLE, N.C. — In an order issued June 9, a federal judge in North Carolina said a copyright and trademark infringement defendant’s repeated defiance of an injunction justifies an award of $335,000 in sanctions.

  • June 13, 2022

    Discovery Sanctions, Summary Judgment Ruling Issued In Meta Data-Harvesting Suit

    SAN FRANCISCO — Meta Platforms Inc. was handed a mixed victory on June 6 when a California federal magistrate judge partly granted its motions for spoliation sanctions and partial summary judgment in a suit in which the social network operator brings claims for computer fraud and unfair competition against a consulting firm that scraped user data from Facebook.

  • June 10, 2022

    Instant Messaging Patents Recite Abstract Idea, California Federal Judge Rules

    SAN FRANCISCO — Slack Technologies Inc., maker of business messaging software, on June 8 won dismissal of allegations of patent infringement leveled in connection with two patents relating to an instant messaging system.

  • June 09, 2022

    Family Accuses Meta Of Causing Child’s Anorexia With ‘Addictive’ Algorithms

    SAN FRANCISCO — A mother, father and their teen daughter who allegedly became anorexic and suffers severe depression as a consequence of her addiction to Meta Platforms Inc.’s Instagram social media app on June 6 filed a complaint accusing Meta of violating California’s unfair competition law (UCL) by promoting its product to underage users and concealing its knowledge of the product’s addictive and harmful effects on minors.

  • June 06, 2022

    High Court Seeks Solicitor General’s Input In FSIA Sovereign Immunity Dispute

    WASHINGTON, D.C.  — In its June 6 order list, the U.S. Supreme Court asked the U.S. solicitor general to weigh in on whether the Foreign Sovereign Immunities Act (FSIA) excludes sovereign immunity for private entities acting as agents for foreign states, as the high court considers whether to grant certiorari to Israeli-owned NSO Group Technologies Limited, which WhatsApp Inc. sued for computer fraud after NSO used its messaging platform to send spyware to some of its users.

  • June 03, 2022

    Facebook User To 9th Circuit: Messages Violated TCPA, Were Sent Using Autodialer

    SAN FRANCISCO — A Facebook user filed a reply brief in the Ninth Circuit U.S. Court of Appeals on June 1, maintaining his argument that unwanted text messages he received from the social network were sent using an automatic telephone dialing system (autodialer or ATDS) and thus violated the Telephone Consumer Protection Act (TCPA), differentiating the autodialer at issue from one deemed not in violation of the act in Facebook Inc. v. Duguid.

  • June 02, 2022

    Maryland Top Court Finds Internet Talc Samples Admissible Evidence

    BALTIMORE — A reasonable juror could conclude that sealed talc bottles obtained from various locations through the internet are original products, and the plaintiff need not have established a chain of custody dating to their creation, the Maryland Court of Appeals said May 31 in affirming a lower court’s reversal of exclusion of the bottles as evidence.

  • June 01, 2022

    Divided Supreme Court Reinstates Injunction Of Texas Social Media Law

    WASHINGTON, D.C. — A U.S. Supreme Court majority on May 31 granted an application by two trade associations to vacate the Fifth Circuit U.S. Court of Appeals’ stay of a preliminary injunction preventing the enforcement of a Texas law that prohibits social network operators from basing editorial decisions about user-posted content on the users’ viewpoints.

  • June 01, 2022

    10th Circuit Affirms Dismissal Of Voters’ Class Suit Alleging Conspiracy

    DENVER — Voters who brought a putative class complaint accusing Dominion Voting Systems Inc., Meta Platforms Inc. (formerly Facebook) and Center for Tech and Civil Life (CTCL) of conspiring to interfere in the 2020 presidential election failed to show that a magistrate judge erred in determining that they lacked standing, a 10th Circuit U.S. Court of Appeals panel ruled May 27.

  • June 01, 2022

    Web Designer To High Court:  Colo. Law Compels Speech Based On Content, Viewpoint

    WASHINGTON, D.C. — Colorado’s Anti-Discrimination Act (CADA) violates the First Amendment to the U.S. Constitution by compelling, or proscribing, speech based on its viewpoint and content, a web designer tells the U.S. Supreme Court in her May 26 opening merits brief, seeking reversal of a 10th Circuit U.S. Court of Appeals ruling that held that the statute required her to design same sex couples’ websites.

  • May 24, 2022

    Microsoft Bid To Undo Infringement Verdict, Damage Award Fails

    WASHINGTON, D.C. — The Federal Circuit U.S. Court of Appeals on May 20 upheld a jury’s determination that Microsoft Corp. infringed a patent directed to the automatic generation of an end-user interface and the jury’s award of $7 million in damages.

  • May 24, 2022

    3rd Circuit:  Publisher’s Anti-Union Tweet Not Shown To Be ‘Threat’ Under Labor Act

    PHILADELPHIA — Addressing a case over an anti-union tweet sent by the publisher of The Federalist from his personal account, a split Third Circuit U.S. Court of Appeals panel on May 20 reaffirmed that the National Labor Relations Board is empowered to act on a complaint of an unfair labor practice filed by a party outside of the labor relationship but determined that the NLRB “lost the forest for the trees by failing to consider the tweet in context” and “misconstrued a facetious remark as a true threat” under the National Labor Relations Act (NLRA).