WASHINGTON, D.C. — One month after a District of Columbia federal judge dismissed antitrust lawsuits against Facebook Inc. by a coalition of U.S. states and the Federal Trade Commission, with leave to amend, the states on July 28 filed a notice informing the court that they are pursuing an appeal in the District of Columbia Circuit U.S. Court of Appeals rather than filing an amended complaint.
RICHMOND, Va. — A jury correctly found an internet service provider (ISP) contributorily and vicariously liable for its subscribers’ online infringement of copyrighted songs due to its failure to prevent the infringement, a group of record labels tells the Fourth Circuit U.S. Court of Appeals in a July 23 appellee brief, asking the court to uphold the jury’s $1 billion award to them.
ST. LOUIS — In a July 23 appellee brief, Zazzle Inc. asks the Eighth Circuit U.S. Court of Appeals to affirm a trial court’s ruling that a trademark owner failed to establish specific personal jurisdiction in Missouri over it from the online sale of a single purportedly infringing item, arguing that there was no showing of purposeful availment or targeting the state.
NEW ORLEANS — Under a “straightforward application of contract law,” two insurers tell the Fifth Circuit U.S. Court of Appeals in July 23 briefs that funds stolen in a phishing scheme were not owned or controlled by their policyholder, thus negating any duty for them to reimburse the stolen funds amounts that were voluntarily reimbursed by appellant RealPage Inc.
LOS ANGELES — Domino’s Pizza LLC is required to bring its website into compliance with federal accessibility guidelines, a California federal judge ruled in a June 23 in chambers order, granting partial summary judgment to a blind man who sued the pizza chain for violating the Americans with Disabilities Act (ADA.)
SAN FRANCISCO — A federal judge in California did not err in granting Apple Inc. summary judgment on allegations that the tech giant infringed the “Memoji” trademark, the Ninth Circuit U.S. Court of Appeals ruled July 13, because the purported owner of the mark failed to demonstrate bona fide use of “Memoji” in commerce.
WASHINGTON, D.C. — In a July 13 holding, the Federal Circuit U.S. Court of Appeals affirmed a California federal judge’s determination that an invention that purportedly allows “technically unsophisticated users” to create mobile applications recites patent-ineligible subject matter.
WASHINGTON, D.C. — The revoking of a Trump-era executive order banning the TikTok social network app from the United States moots a 10-month old preliminary injunction halting enforcement of the ban, President Joseph R. Biden Jr. tells the District of Columbia Circuit U.S. Court of Appeals in a July 12 unopposed motion to voluntarily dismiss the appeal that was filed by his predecessor.
WASHINGTON, D.C. — In a June 29 appellant brief filed with the Federal Circuit U.S. Court of Appeals, the owner of two patents relating to signal processing techniques asserts that a federal judge in Texas erroneously construed a variety of claim terms, leading to a jury verdict in favor of Google LLC.
SAN FRANCISCO — In a pair of July 9 supplemental remand briefs, LinkedIn Corp. and an analytics firm debate in the Ninth Circuit U.S. Court of Appeals what effect a recent U.S. Supreme Court ruling on unauthorized data access under the Computer Fraud and Abuse Act (CFAA) has on the present dispute over the access and use of publicly available information from LinkedIn’s website.
NEW YORK — A federal judge in New York on July 9 refused to dismiss allegations that Shutterstock Inc. committed copyright infringement when it failed to remove 2,300 photographs from its database after its agreement with a magazine publisher was terminated.
CHICAGO — A federal judge on June 30 dismissed without prejudice an insurer’s subrogation lawsuit alleging that Amazon and two Chinese companies are responsible for defective hoverboards that purportedly caused fire damage to its insureds’ home one day after the insurer voluntarily dismissed its claims against the remaining defendants.
MIAMI — Donald J. Trump filed three putative class actions on July 7, accusing Facebook Inc., Twitter Inc. and YouTube Inc. of violating the First Amendment to the U.S. Constitution by deleting his accounts on their respective online platforms, asking a Florida federal court to order restoration of the ex-president’s accounts and to declare Section 230 of the Communications Decency Act (CDA) unconstitutional.
WASHINGTON, D.C. — The Federal Circuit U.S. Court of Appeals on June 7 upheld a determination by the Patent Trial and Appeal Board that various claims of a client-server system for modifying the shape of a computer cursor depending upon where the cursor hovers are not obvious.
TACOMA, Wash. — In a July 6 order denying dismissal, a federal judge in Washington rejected assertions by a Florida company that the court lacks jurisdiction over a dispute involving the “Lollywaffle” trademark.
BOSTON — A Massachusetts man filed an opening appellant brief in the First Circuit U.S. Court of Appeals on June 23, arguing that he sufficiently alleged prima facie cases for defamation, related to an online chat page operator’s reposting of comments from another platform that contained false accusations against him, and for copyright infringement of one of his comments that was reposted without permission.
WASHINGTON, D.C. — In a pair of June 28 rulings, a District of Columbia federal judge granted motions by Facebook Inc. to dismiss antitrust lawsuits brought against it by the Federal Trade Commission and a coalition of U.S. states, with the judge finding that the complaints failed for lack of alleging monopoly power and laches, among other things.
SAN FRANCISCO — In a lengthy June 22 ruling that included a concurring opinion and a partial dissent, the Ninth Circuit U.S. Court of Appeals affirmed dismissal of two lawsuits alleging that Google LLC, Twitter Inc. and Facebook Inc. aided and abetted acts of terror via their social media platforms, with a panel majority finding that the family members of terror attack victims alleged claims that were barred by the Communications Decency Act (CDA) and failed to state a claim under the Anti-Terrorism Act (ATA), respectively.
ALEXANDRIA, Va. — In a June 24 petition for inter partes review filed with the Patent Trial and Appeal Board, WhatsApp LLC asserts that a combination of prior art renders a patented cellular phone communication network obvious, citing a recent Federal Circuit U.S. Court of Appeals ruling in support.
WASHINGTON, D.C. — Although “schools may have a special interest in regulating some off-campus student speech,” a U.S. Supreme Court majority ruled on June 23 that any such interests are trumped by a student’s right to free expression under the First Amendment to the U.S. Constitution, holding that a Pennsylvania school violated a student’s free speech rights when it disciplined her for social media statements that she posted off-campus and after school hours.