Mealey's Cyber Tech & E-Commerce

  • January 31, 2022

    Editor’s Note

    The journalists and staff of Mealey’s Litigation Reports are saddened by the passing of co-founder Michael P. Mealey. He was a respected member of the newsletter community, being named publisher of the year by the National Newsletter Association and president of the National Newsletter Association. Mike and Judy Mealey started Mealey Publications Inc. in 1984. As president, Mike grew the Mealey’s Litigation Report portfolio, introduced email news bulletins and electronic CD formats and launched a continuing legal education conference business. Mealey’s was sold to LexisNexis in 2000. We hope to carry on his journalistic curiosity and integrity in the titles we continue to publish today under his name.

  • January 27, 2022

    Panel: Computer Fraud, Funds Transfer Fraud Provisions Could Cover Alleged Loss

    PASADENA, Calif. — The Ninth Circuit U.S. Court of Appeals on Jan. 26 held that a federal court erred in finding that neither a “Computer Fraud” nor a “Funds Transfer Fraud” provision in a commercial crime insurance policy covered an insured’s alleged $200,000 loss, reversing and remanding the lower court’s dismissal of the insured’s breach of contract and bad faith lawsuit against its insurer.

  • January 26, 2022

    Apple Loses Appeal Of Board Decision Declaring Messaging Patent Valid

    WASHINGTON, D.C. — The Federal Circuit U.S. Court of Appeals on Jan. 25 rejected a challenge by Apple Inc. to a determination by the Patent Trial and Appeal Board that 16 claims of a patented message forwarding system are not obvious.

  • January 25, 2022

    ISP Seeks Relief From $1B Copyright Judgment, Requests Discovery Over New Evidence

    ALEXANDRIA, Va. — Citing new information that misrepresentations were made over evidence used against it by the plaintiff record labels in a copyright infringement suit, an internet service provider (ISP) on Jan. 11 filed its second motion in Virginia federal court seeking relief from a $1 billion judgment against it as “tainted by serious misconduct,” with the ISP also asking the court to permit discovery into the matter.

  • January 25, 2022

    Mother Brings UCL Claim Against Social Media Platforms For Daughter’s Suicide

    SAN FRANCISCO — A Connecticut woman on Jan. 20 filed a complaint in California federal court against the companies behind the social media platforms Instagram and Snapchat, accusing them of negligently designing their products in a manner that caused her daughter’s social media addiction and subsequent suicide at age 11 and of violating California’s unfair competition law.

  • January 24, 2022

    User Brings UCL, False Advertising Claims Against Bumble Dating App

    SAN FRANCISCO — A man filed a putative class action in California federal court on Jan. 22 against two companies that own the female-user-oriented dating app Bumble, claiming that they violated California’s unfair competition law (UCL) and false advertising law (FAL) by misrepresenting the success rates users could expect after paying for premium features to promote their profiles.

  • January 21, 2022

    Professor Backs Dismissal Of ASU Trademark Suit Over ‘Hoax-19’ Instagram Account

    SAN FRANCISCO — Filing an amicus curiae brief on Jan. 18 supporting a trial court’s dismissal of Arizona State University’s (ASU’s) trademark infringement lawsuit against a John Doe who created an Instagram account that used the university’s trademarks, a law professor tells the Ninth Circuit U.S. Court of Appeals that the account’s use of the trademarks was “absurdist mockery,” not commercial, “and thus did not implicate the Lanham Act.

  • January 20, 2022

    On Remand, Copyright Defendants Prevail In Software Dispute

    DETROIT — Citing a plaintiff’s failure to serve an expert witness report that the Sixth Circuit U.S. Court of Appeals said was necessary to determine whether software source code is protectable, a federal judge in Michigan on Jan. 18 granted a defendant corporation and its owner summary judgment.

  • January 19, 2022

    Google Petitions Board For Review Of Navigation Patent

    ALEXANDRIA, Va. — A patented system for providing navigation information that allows or prohibits tracking a mobile device based on “preference flags” should be canceled as obvious, Google LLC asserts in a Jan. 18 petition for inter partes review (IPR) by the Patent Trial and Appeal Board.

  • January 19, 2022

    Magistrate:  Google Search Does Not Establish Reliable Cancer Causation Opinion

    PEORIA, Ill. — A causation expert who began his research into whether a woman’s colorectal cancer was caused by workplace exposure to asbestos and other toxins with a Google search does not meet the reliability standards required under Daubert v. Merrell Dow Pharmaceuticals Inc., an Illinois federal magistrate judge ruled Jan. 14, granting the railway company’s motion to exclude and awarding it summary judgment.

  • January 19, 2022

    Technologists Bring Fight Over DMCA Circumvention To D.C. Circuit

    WASHINGTON, D.C. — The anti-circumvention provisions of the Digital Millennium Copyright Act (DMCA) are overly broad and inappropriately criminalize legitimate reasons to circumvent technological protection measures (TPMs) for applications that are protected by the First Amendment to the U.S. Constitution, appellants who filed a declaratory suit over the statute’s constitutionality tell the District of Columbia Circuit U.S. Court of Appeals in a Jan. 12 opening brief, appealing a trial court’s denial of their motion to enjoin enforcement of the provisions.

  • January 19, 2022

    9th Circuit Stays Injunction On Apple Pending Appeal Of App Store UCL Ruling

    SAN FRANCISCO — An injunction requiring Apple Inc. to permit notice of alternate means of purchasing items for use within apps on Apple’s operating system (iOS) other than just via its App Store, was stayed Dec. 8, with a Ninth Circuit U.S. Court of Appeals panel halting implementation of the permanent injunction pending resolution of cross-appeals over claims under the Sherman Act and California’s unfair competition law (UCL) by Apple and Epic Games Inc.

  • January 19, 2022

    FTC’s Amended Complaint Alleging Monopoly By Facebook Survives Dismissal

    WASHINGTON, D.C. — After the Federal Trade Commission was given leave to amend its dismissed antitrust complaint against Facebook Inc., a District of Columbia federal judge on Jan. 11 found that the commission’s “significant additions and revisions” and “far more robust and detailed” facts allow its amended complaint to withstand Facebook’s renewed dismissal motion.

  • January 19, 2022

    5th Circuit: Real Estate Platform Firm Not Covered In Phishing Incident

    HOUSTON — A company that provides technology services to the real estate industry is not entitled to reimbursement from its insurer for funds lost in a phishing incident, a Fifth Circuit U.S. Court of Appeals panel ruled Dec. 22, because the company never “held” the funds that were stolen.

  • January 18, 2022

    High Court Rejects Apple’s Question Over Appeals Of Inter Partes Review Denials

    WASHINGTON, D.C. — In its Jan. 18 order list, the U.S. Supreme Court denied a petition for certiorari in which Apple Inc. defended the ability to appeal a decision by the U.S. Patent and Trademark Office (PTO) on whether to institute inter partes review (IPR) of a patent.

  • January 14, 2022

    Magistrate Judge Finds Cryptocurrency Sweepstakes Was Not An Illegal Lottery

    SAN FRANCISCO — A California federal judge on Jan. 11 dismissed with leave to amend claims that a cryptocurrency exchange website’s sweepstakes constituted an “illegal lottery” but denied the website and sweepstakes operator’s motion to compel arbitration of putative class claims, including for violation of California’s unfair competition law (UCL), and refused to dismiss claims that the sweepstakes’ rules were misleading.

  • January 14, 2022

    In Longstanding Copyright Row With Oracle, Rimini Street Held In Contempt

    LAS VEGAS — In a 56-page ruling issued Jan. 12, a federal judge in Nevada said Rimini Street Inc. violated the terms of a permanent injunction barring it from ongoing infringement of Oracle USA Inc. copyrights, entitling Oracle to an award of $630,000 in sanctions.

  • January 14, 2022

    High Court Seeks Response In Appeal Of Google Parent Company Stock-Drop Suit

    WASHINGTON, D.C. — The U.S. Supreme Court on Dec. 1 requested that the Office of the Rhode Island Treasurer on behalf of the Employees’ Retirement System of Rhode Island respond to a petition for writ of certiorari seeking review of a Ninth Circuit U.S. Court of Appeals panel’s ruling substantially overturning a federal district court’s dismissal of shareholder claims in a securities class action against Google LLC, Google parent company Alphabet Inc. and others stemming from alleged misrepresentations the defendants made concealing data security and management integrity issues relating to the Google+ social media network.

  • January 14, 2022

    Trump Denied Consolidation Of 1st Amendment Suits Against YouTube, Meta, Twitter

    SAN FRANCISCO — Parallel lawsuits brought by former president Donald J. Trump alleging censorship by YouTube Inc., Twitter Inc. and Meta Platforms Inc. (formerly Facebook Inc.) will remain separate for now, a California federal judge ruled Jan. 12, denying Trump’s motion to consolidate the suits as premature.

  • January 13, 2022

    Facebook Opposes Gambia’s Reconsideration Motion In Dispute Over Deleted Posts

    WASHINGTON, D.C. — The Republic of the Gambia failed to properly file its objections to a magistrate judge’s order in a dispute over subpoenas that it seeks for production of certain deleted posts by Myanmar government officials, Facebook Inc. argues in a Jan. 10 brief opposing the nation’s motion seeking reconsideration of a ruling that deemed Gambia not entitled to the posts under the Stored Communications Act (SCA).