Mealey's Cyber Tech & E-Commerce

  • March 04, 2022

    9th Circuit Affirms Twitter’s 1st Amendment Suit Against Texas AG Isn’t Ripe

    SAN FRANCISCO — A trial court properly dismissed Twitter Inc.’s challenge to a civil investigative demand (CID) by Texas Attorney General (AG) Ken Paxton, a Ninth Circuit U.S. Court of Appeals panel ruled March 2, deeming the social network’s declaratory complaint under the First Amendment to the U.S. Constitution to be “not prudentially ripe.”

  • March 03, 2022

    Photographer, University Brief High Court In Takings Clause Row Over Photo Use

    WASHINGTON, D.C. — In a Feb. 23 reply brief supporting its petition for certiorari, a photography business seeks a grant, remand, vacate (GVR) order from the U.S. Supreme Court, so that the Texas Supreme Court can reconsider a dispute over whether the University of Houston’s unauthorized online use of its copyrighted photo was a governmental taking in light of the subsequent ruling in Cedar Point Nursery v. Hassid.

  • March 02, 2022

    Ohio High Court Accepts Insurer’s Appeal Of Dispute Over Ransomware Attack

    COLUMBUS, Ohio — The Ohio Supreme Court on March 1 accepted a businessowners insurer’s appeal seeking review of an appeal court majority’s reversal of a summary judgment ruling in its favor in a medical billing company insured’s breach of contract and bad faith lawsuit seeking coverage for an underlying ransomware attack.

  • February 28, 2022

    Activision Blizzard Investor Sues To Halt Company’s Merger With Microsoft

    LOS ANGELES — An investor in interactive gaming company Activision Blizzard Inc. sued the company and its board of directors on Feb. 24 in California federal court, seeking to enjoin  Activision’s proposed merger deal with Microsoft Inc. based on the defendants’ alleged issuance of a materially misleading preliminary proxy statement in conjunction with a shareholder vote on the merger deal in violation of federal securities laws.

  • February 22, 2022

    Solicitor General Views Requested By Supreme Court In Patent Row

    WASHINGTON, D.C. — In its Feb. 22 orders list, the U.S. Supreme Court invited the federal government to weigh in on a dispute that poses the question whether a patent licensee has standing to challenge the validity of a patent covered by a license agreement that covers multiple patents.

  • February 22, 2022

    Web Designer Granted Cert In Challenge To Colorado Anti-Discrimination Statute

    WASHINGTON, D.C. — Four years after ruling on the constitutionality of Colorado’s Anti-Discrimination Act (CADA) in Masterpiece Cakeshop Ltd. v. Colorado Civil Rights Commission, the U.S. Supreme Court on Feb. 22 granted a petition for certiorari to a web designer who asserts that the statute’s communication clause that forbade her from voicing her intention to not serve same-sex couples violates the free speech clause of the First Amendment to the U.S. Constitution.

  • February 22, 2022

    University Prevails In Trademark Dispute Over Penn State Beer, Cigars

    HARRISBURG, Pa. — Allegations of infringement and cybersquatting leveled in connection with the “Penn State” trademark were resolved in favor of the Pennsylvania State University Feb. 17, when a federal magistrate judge in Pennsylvania said the school’s motion for summary judgment should be granted.

  • February 17, 2022

    9th Circuit Told Instagram Account’s Use Of ASU Marks Was Commercial, Infringing

    SAN FRANCISCO — Brushing aside amici curiae arguments about a Doe defendant’s rights under the First Amendment to the U.S. Constitution as improperly raised, Arizona State University (ASU) in a Feb. 8 reply brief tells the Ninth Circuit U.S. Court of Appeals that its trademark infringement claims over an Instagram account in which Doe mocked the university’s COVID-19 policies were improperly dismissed sua sponte by a trial court.

  • February 16, 2022

    ISPs Seek 9th Circuit Redo Of Appeal Over California Net Neutrality Law

    SAN FRANCISCO — A Ninth Circuit U.S. Court of Appeals panel’s ruling that upheld the enforcement of a California law that adopted the principles of net neutrality, which the Federal Communications Commission repealed on a national level, merits reconsideration to avoid a “patchwork of conflicting laws” in different states, four trade organizations representing internet service providers (ISPs) argue in a Feb. 11 petition for rehearing en banc.

  • February 16, 2022

    Women’s Class Claims Alleging Profits From Child Pornography Survive Dismissal

    BIRMINGHAM, Ala. — Claims against the owners of pornography websites who are accused of failing to take the necessary steps to stop child pornography from being shared on their pages and profiting from the content are sufficient to proceed, a federal judge in Alabama ruled Feb. 9, rejecting the defendants’ attempt to claim immunity under the Communications Decency Act (CDA).

  • February 15, 2022

    Judge Finds Bitcoin Addresses Are Personal Information, Grants Motion To Redact

    WEST PALM BEACH, Fla. — Addressing one of several post-trial motions in a long-running bitcoin ownership dispute, a Florida federal judge on Feb. 8 ruled that bitcoin addresses and transactions are similar to traditional personally identifiable information (PII), granting the defendant’s motion to redact such information from trial exhibits.

  • February 15, 2022

    June Trial Sought In Reopened Domino’s ADA Website Accessibility Suit

    LOS ANGELES — One month after Domino’s Pizza LLC and a blind man declared that their settlement negotiations had ultimately failed, despite having previously announced a possible agreement to settle claims that the pizza chain’s website is not equally accessible to visually impaired patrons, the parties jointly filed a report in California federal court on Jan. 21 stating that they had agreed on a date of June 7 for a jury trial in the reopened dispute over application of the Americans with Disability Act (ADA) in cyberspace.

  • February 15, 2022

    Labels Awarded Almost $83 Million For Stream-Ripping Websites’ Infringement

    ALEXANDRIA, Va. — Adopting a magistrate’s recommendations, a Virginia federal judge on Feb. 10 awarded a group of plaintiff record labels $82,922,500 in statutory damages under the Copyright Act and the Digital Millennium Copyright Act (DMCA) against the operator of two stream-ripping websites that facilitated the unauthorized ripping and downloading of copyrighted songs from video streaming websites.

  • February 14, 2022

    Judge Dismisses UCL, Other Claims In Oil Company’s Software Dispute

    SAN FRANCISCO — A California federal judge on Feb. 10 dismissed with leave to amend most of an oil and gas company’s claims against a software company including for violation of California’s unfair competition law (UCL) and breach of contract for providing it with allegedly faulty well-monitoring software.

  • February 14, 2022

    Antivirus Software Firm To 9th Circuit:  Rival’s Statements Were False, Actionable

    SAN FRANCISCO — In its second appeal to the Ninth Circuit U.S. Court of Appeals, Enigma Software Group USA LLC, maker of the SpyHunter antivirus software, argues in its Jan. 28 opening appellant brief that a trial court erred in dismissing its Lanham Act and state law claims over a competitor ‘s software that labeled and quarantined Enigma’s software as malicious.

  • February 08, 2022

    Plaintiff Sees Trademark, Copyright Claims Against YouTube Tossed Again

    SAN FRANCISCO — A pro se trademark and copyright infringement plaintiff who sought and won leave to amend in October 2021 saw his fourth amended complaint dismissed Feb. 3 by a federal judge in California.

  • February 07, 2022

    Florida Man Hit With Damages, Default Judgment For Accessing Ex-Wife’s Account

    MEMPHIS, Tenn. — More than 10 years after suing her ex-husband for accessing her online insurance account without authorization, a Tennessee woman on Feb. 3 was granted default judgment and awarded damages by a Tennessee federal magistrate judge in light of her ex-husband’s failure to respond in court and the reprehensibility of his actions.

  • February 07, 2022

    11th Circuit Stays Mandate, Allows Rehearing Motion In Winn-Dixie Website ADA Row

    ATLANTA — An 11th Circuit U.S. Court of Appeals panel on Jan. 25 granted a motion by Winn-Dixie Stores Inc. to stay its mandate declaring as moot a lawsuit over whether the grocery store chain’s website is accessible to visually impaired patrons in compliance with the Americans with Disabilities Act (ADA), allowing Winn-Dixie to proceed with a motion for rehearing en banc on the mootness ruling.

  • February 02, 2022

    Panel:  Insured Violated Concealment, Cooperation Clauses Of Homeowners Policy

    WAUSAU, Wis. — A Wisconsin appeals panel on Feb. 1 found that the undisputed facts demonstrate that an insured violated the concealment and cooperation clauses of his homeowners insurance policy and that these breaches are grounds for the insurer’s denial of coverage for underlying lawsuits alleging that the insured copied photographs from the underlying plaintiffs’ Facebook pages and reposted them on a fetish website and added sexually suggestive and false commentary.

  • January 31, 2022

    Password Theft Detection Method Patent Should Be Canceled, Petitioner Says

    ALEXANDRIA, Va. — A system and method that detects malware designed to assist in the theft of passwords was “well known in the art” and should thus be canceled as obvious, a petitioner for inter partes review (IPR) told the Patent Trial and Appeal Board on Jan. 26.