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Preview: LexisNexis® Mealey's™ Cyber Tech & E-Commerce Legal News

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Headline Cyber Tech & E-Commerce Legal News from LexisNexis®



 



9th Circuit Finds VidAngel's Filtering Service Infringing, Affirms Injunction
SAN FRANCISCO - Four movie studio plaintiffs are likely to succeed on the merits of their copyright infringement claims against a video-streaming service that provides filtered, family-friendly copies of movies, a Ninth Circuit U.S. Circuit Court of Appeals panel ruled Aug. 24, affirming a preliminary injunction preventing any filtering of the plaintiffs' works (Disney Enterprises Inc., et al. v. VidAngel Inc., No. 16-56843, 9th Cir., 2017 U.S. App. LEXIS 16188).



Adult Website Operator Tells High Court Usenet Provider Vicariously Infringed
WASHINGTON, D.C. - In an Aug. 30 petition for certiorari, the operator of an adult website asks the U.S. Supreme Court to consider the standards for determining vicarious copyright infringement liability, arguing that in finding a usenet provider not vicariously liable for displaying the copyrighted images of Perfect 10 Inc., the Ninth Circuit U.S. Court of Appeals relied on incorrect guidelines for infringers' profits and automated processes (Perfect 10 Inc. v. Giganews Inc., et al, No. 17-320, U.S. Sup.).



Amazon Wins Dismissal Of Copyright Claims In Pennsylvania Federal Court
PHILADELPHIA - A Pennsylvania federal judge on Aug. 16 agreed with Amazon.com Inc. and Amazon Web Services Inc. (moving defendants, collectively) that a pro se plaintiff's claims of copyright infringement and unfair competition under the Lanham Act should be dismissed (Gordon Roy Parker v. PayPal Inc., et al., No. 16-4786, E.D. Pa., 2017 U.S. Dist. LEXIS 130800).



California Federal Judge Denies Dismissal Of Criminal Copyright Claim
SAN FRANCISCO - Allegations that a defendant gained access to copyrighted electronic design automation (EDA) software through fraud in violation of the Copyright Act are adequately pleaded, a California federal judge ruled Aug. 15 in denying a motion to dismiss (Synopsys Inc. v. Ubiquiti Network Inc., et al., No. 17-561, N.D. Calif., 2017 U.S. Dist. LEXIS 130070).



Pro Se Plaintiff Defeats Request For Dismissal Of Florida DMCA Claim
ORLANDO, Fla. - Allegations that a ministry and its minister made knowingly false representations of copyright infringement to YouTube in an effort to take down a plaintiff's YouTube channel will proceed, a Florida federal judge ruled Aug. 25 (Shirley Johnson v. New Destiny Christian Center Church Inc., et al., No. 17-710, M.D. Fla.).



Fairness Hearing Ordered In ADA Class Action Over Art Supply Chain's Website
BROOKLYN, N.Y. - A New York federal judge on Sept. 13 stopped short of granting judgment in a lawsuit over alleged Americans with Disabilities Act (ADA) violations associated with a retailer's website, ordering a fairness hearing to discern whether the parties' settlement agreement serves the proposed class of visually impaired individuals and complies with industry accessibility guidelines (Victor Andrews v. Blick Art Materials LLC, No. 1:17-cv-00767, E.D. N.Y.).



Blind Woman Files ADA Suits Over Websites Of Kmart, Ace Hardware, Empire Today
CHICAGO - Three retailers were hit by lawsuits in Illinois federal court Sept. 8 when a blind woman filed three similar lawsuits alleging violations of the Americans with Disabilities Act (ADA), claiming that the companies' websites do not provide full and equal access to visually impaired customers (Kayla Reed v. Kmart Corp., No. 1:17-cv-06495, N.D. Ill.).



5th Circuit Finds Yahoo Owes $4.4 Million In NCAA Contest Dispute
NEW ORLEANS - Reversing a $550,000 judgment in favor of Yahoo! Inc., a Fifth Circuit U.S. Court of Appeals panel on Aug. 21 found instead that Yahoo owed $4.4 million for breaching the cancellation terms of its contract with a promotions firm related to an online NCAA contest (SCA Promotions Inc. v. Yahoo! Inc., No. 15-11254, 5th Cir., 2017 U.S. App. LEXIS 15845).



Google AdWords User Opposes Dismissal Of Unfair Competition Claims
SAN JOSE, Calif. - In a Sept. 15 brief in California federal court, a customer of Google Inc.'s AdWords program argues that he sufficiently alleged unfair competition and false advertising claims based on click fraud charges he incurred due to Google's misrepresentations about the frequency of and protection against fraudulent clicks (Gurminder Singh v. Google Inc., No. 5:16-cv-03734, N.D. Calif.).



Web Host Ordered To Comply With DOJ Warrant For Anti-Trump Site User Info
WASHINGTON, D.C. - In an Aug. 24 blog posting, web-hosting firm DreamHost LLC reported that a District of Columbia judge that day ordered it to comply with a U.S. Department of Justice (DOJ) warrant seeking information connected with users of a website that was used to organize protests against President Donald Trump (In re: the Search of www.disruptj20.org that Is Stored at Premises Owned, Maintained, Controlled,, or Operated by DreamHost, No. 17 CSW 3438, D.C. Super.).



6th Circuit Finds No Unjust Enrichment In Online Purchase Of $27 Speakers
CINCINNATI - An Ohio man who paid for and received a pair of $27 speakers from an online marketplace failed to establish that the site's juxtaposition of a higher, crossed-out price constituted unjust enrichment, a Sixth Circuit U.S. Court of Appeals panel ruled Aug. 16, also affirming dismissal of a putative consumer sales practice claim for failure to allege actual damages (Max Gerboc v. ContextLogic Inc., No. 16-4734, 6th Cir., 2017 U.S. App. LEXIS 15378).



Amazon Asserts No Infringement Of Artificial Turf Trademark To 9th Circuit
SAN FRANCISCO - In an Aug. 25 appellee brief, Amazon.com Inc. tells the Ninth Circuit U.S. Court of Appeals that its automated purchasing of keyword advertising using an artificial turf firm's trademark did not constitute direct infringement under the Lanham Act, arguing that any infringement was attributable to third-party sellers of counterfeit products (Steven Lasoff v. Amazon.com Inc., No. 17-35173, 9th Cir.).



Gab App Maker Sues Google For Antitrust After Removal From Play Store
PHILADELPHIA - The operator of the conservative-leaning Gab social network claims that Google LLC removed its app from the Google Play Store under false "hate speech" pretenses, asserting in a Sept. 14 complaint that it was purely a move to squelch a potential rival, bringing antitrust claims against the tech giant in Pennsylvania federal court (Gab AI Inc. v. Google LLC, No. 2:17-cv-04115, E.D. Pa.).



Dismissal Of TCPA Suit Over Facebook Text Messages Appealed To 9th Circuit
SAN FRANCISCO - Arguing that he sufficiently alleged that repeated, unwanted text messages from Facebook Inc. were sent using an automatic telephone dialing system (ATDS), a Montana man tells the Ninth Circuit U.S. Court of Appeals in a Sept. 1 brief that a trial court erred in dismissing his putative class action against the social network under the Telephone Consumer Protection Act (TCPA) (Noah Duguid v. Facebook Inc., No. 17-15320, 9th Cir.).



Illinois Federal Judge Tosses Class Suit Over Zillow Housing Values
CHICAGO - An Illinois federal judge on Aug. 23 dismissed a class suit filed by the owners of a Shaumburg, Ill., property who claimed that a real estate website underestimated the value of their property in violation of Illinois state laws, finding that the plaintiff's claims failed under Illinois statutory law (Vipul P. Patel, et al. v. Zillow, Inc., et al., No. 17-4008, N.D. Ill., 2017 U.S. Dist. LEXIS 134785).



Government: Ex-Employee's Database Access Exceeded Authority Under CFAA
WASHINGTON, D.C. - The Ninth Circuit U.S. Court of Appeals correctly found that a man's acquisition of his former employer's trade secrets occurred via unauthorized access of the firm's computer system in violation of the Computer Fraud and Abuse Act (CFAA), the U.S. government tells the U.S. Supreme Court in a Sept. 5 brief opposing the ex-employee's petition for certiorari, arguing that the ruling created no split among the federal appeals courts (David Nosal v. United States, No. 16-1344, U.S. Sup.).



Chit Fraud Loss Occurred Via Computer, Card Firm Argues To 11th Circuit
ATLANTA - Contrary to the views expressed by its insurer and a trial court, a card management firm argues in a July 27 reply brief to the 11th Circuit U.S. Court of Appeals that an $11 million loss it experienced due to fraudulent activity involved a computer and thus triggered coverage under the computer fraud provision in its insurance policy (Hi Technology Corp., et al. v. Great American Insurance Co., No. 17-11712, 11th Cir.).



6th Circuit Affirms Dismissal Of Accused File Sharer's Declaratory Judgment Claim
CINCINNATI - An Ohio federal magistrate judge did not err in dismissing, as redundant, a declaratory judgment counterclaim of noninfringement filed by an alleged downloader of various copyrighted films, the Sixth Circuit U.S. Court of Appeals ruled Aug. 28 (Malibu Media LLC v. David Ricupero, No. 16-3628, 6th Cir., 2017 U.S. App. LEXIS 16586).



ISP, Music Publisher Debate Dismissal Of Copyright Declaratory Suit In 2nd Circuit
NEW YORK - In briefs filed in the Second Circuit U.S. Court of Appeals, an internet service provider (ISP) and a music-publishing firm argue over whether a trial court properly dismissed the ISP's declaratory judgment action related to claims of online infringement of the firm's copyrighted songs by the ISP's customers (Windstream Services LLC v. BMG Rights Management [US] LLC, et al., No. 17-1515, 2nd Cir.).



Judge Grants Discovery Request Related To Illegal Amazon, EBay Sales
SAN FRANCISCO - A California federal judge on Sept. 1 granted a motion filed by a distributor of trademarked and copyrighted products and designs that alleges that a retailer violated trademark law and California's unfair competition law (UCL) by selling counterfeited items online, granting its request for limited discovery from online retailers regarding the defendant's sales and aliases (Jessie Steel, Inc. v. Linda Ann Henderson, No. 17-cv-02179, N.D. Calif., 2017 U.S. Dist. LEXIS 142167).



Pillowcase Maker Tells High Court Amazon Is Liable For Selling Infringing Goods
WASHINGTON, D.C. - Appealing rulings in favor of Amazon.com Inc. by both a trial court and an appeals court, the maker of a line of children's pillowcases filed a petition for certiorari with the U.S. Supreme Court on Aug. 21, seeking review of the standards for determining when an online retailer is liable for copyright or patent infringement from the sale of third parties' counterfeit goods (Milo & Gabby LLC, et al. v. Amazon.com Inc., No. 17-287, U.S. Sup.).



Dropbox Asks 9th Circuit To Affirm Senior User, Laches Findings In Trademark Suit
SAN FRANCISCO - In an Aug. 16 appellee brief, Dropbox Inc. (DBI) tells the Ninth Circuit U.S. Court of Appeals that a trial court correctly found that it had priority of use of the "Dropbox" trademark and that a smaller rival's claims also failed under the doctrine of laches because it intentionally delayed filing infringement claims (Dropbox Inc. v. Thru Inc., No. 17-15078, 9th Cir.).



Spyware Suit Plaintiffs Oppose Magistrate's Report Against Class Certification
ERIE, Pa. - In an Aug. 18 brief, a Wyoming couple argue that their Electronic Communications Privacy Act (ECPA) claims against a retailer that installed spyware on their computer merit class treatment, objecting to a Pennsylvania federal magistrate judge's recommendation that class certification be denied "on grounds that individualized issues predominate over common issues to the putative class" (Crystal Byrd, et al. v. Aaron's Inc., et al., No. 1:11-cv-00101, W.D. Pa.).



New York Federal Judge Grants Request For Dismissal Of Software Copyright Case
NEW YORK - Allegations that a law firm specializing in real estate and four of its partners infringed copyrighted software were dismissed, with leave to amend, by a New York federal judge on Aug. 30 on grounds that the complaint lacks requisite specificity (Automated Management Systems Inc. v. Rappaport Hertz Cherson Rosenthal, et al., No. 16-4762, S.D. N.Y., 2017 U.S. Dist. LEXIS 139728).



Oracle To Federal Circuit: Google's Java Code Copying For Android Wasn't Fair Use
WASHINGTON, D.C. - In an Aug. 4 reply brief, Oracle America Inc. calls a fair-use ruling in favor of Google Inc. "an aberration," telling the Federal Circuit U.S. Court of Appeals that Google copied a substantial amount of its Java code in creating the Android operating system (OP), which competes directly with its Java-based products (Oracle America Inc. v. Google Inc., No. 17-1118 and 17-1202, Fed. Cir.).



Domain Registrar Tells 4th Circuit False Advertising Suit Was Not Exceptional
RICHMOND, Va. - An internet domain registry firm, whose Lanham Act false advertising claims against a competitor failed, argues in an Aug. 30 brief in the Fourth Circuit U.S. Court of Appeals that a trial court properly declined to award attorney fees to the prevailing defendant because the claims were reasonable and supported by evidence (Verisign Inc. v. XYZ.com LLC, et al., No. 17-1704, 4th Cir.).



Federal Circuit Affirms: Remote Ordering System Patent Not Infringed
WASHINGTON, D.C. - Allegations that Expedia Inc. and other travel websites infringed a patented system for creating and updating order lists were properly rejected on summary judgment, the Federal Circuit U.S. Court of Appeals ruled Aug. 17 (Cronos Technologies LLC v. Expedia Inc., et al., No. 16-2528, Fed. Cir., 2017 U.S. App. LEXIS 15490).



Federal Circuit Affirms: Oracle Did Not Infringe Middleware Patent
WASHINGTON, D.C. - A California federal judge did not err in deeming Oracle Corp. a non-infringer of a patented system and method of accessing data in a relational database, the Federal Circuit U.S. Court of Appeals ruled Aug. 21 (Thought Inc. v. Oracle Corporation, No. 16-2369, Fed. Cir., 2017 U.S. App. LEXIS 15812).



T-Mobile Gets Divided Ruling In Bid To Exclude Patentee's Expert Opinions
MARSHALL, Texas - An expert can opine that accused patent infringer T-Mobile "made" a product, rather than just "used" it, but cannot testify that the company never enabled a restoration feature because it was advised against doing so by counsel, a Texas federal magistrate judge ruled Sept. 4 (Huawei Technologies Co. Ltd. v. T-Mobile US, Inc., et al., No. 2:16-cv-00052, E.D. Texas, 2017 U.S. Dist. LEXIS 142606).



California Federal Judge: 4 Asserted Patents Claim Ineligible Subject Matter
SAN FRANCISCO - A California federal judge on Sept. 1 granted Yahoo! Inc. dismissal of allegations that the search engine infringed four patents, after determining that each of the patents runs afoul of Section 101 of the Patent Act, 35 U.S.C. 101 (TS Patents LLC v. Yahoo! Inc., No. 17-1721, N.D. Calif., 2017 U.S. Dist. LEXIS 142573).



Volatile Memory System Patent Singled Out For Inter Partes Review
ALEXANDRIA, Va. - A patent claiming a volatile memory system with data-retention capabilities during low-power situations would have been obvious to a person of skill in the art, as well as anticipated by prior art, Samsung Electronics America Inc. alleges in an Aug. 28 petition for inter partes view by the Patent Trial and Appeal Board (Samsung Electronics America Inc. v. James B. Goodman, No. IPR2017-02021, PTAB).



Facebook Challenges Denial Of Inter Partes Review By Patent Board
ALEXANDRIA, Va. - A decision by the Patent Trial and Appeal Board to deny inter partes review of a digital streaming patent was "a manifest error," Facebook Inc. alleges in a Sept. 1 request for rehearing (Facebook Inc. v. Skyy LLC, No. IPR2017-00691, PTAB).



Don't Forget The Documents: Minimizing ADA Accessibility Liability In Online PDFs
By Leslie Janek In Website Accessibility, Documents Count, Too According to U.S. Census Bureau, more than 56 million Americans live with a disability.1 Meanwhile, an increasing number of fundamental services are moving to websites and applications, sometimes at the expense of brick and mortar options. And, while the Americans with Disabilities Act was written before the internet became a household word, the court system and the Department of Justice have repeatedly affirmed, through enforcement if not by regulation, that Title III requirements for non-discriminatory access apply to online environments as well as physical ones.2 It's more important than ever to create online content that is accessible to people with disabilities, not only for inclusion, but to mitigate your risks of legal action.



9th Circuit: Alleged Harm From Inaccurate Online Listing Is Concrete Injury
SAN FRANCISCO - Considering remand instructions from the U.S. Supreme Court, a Ninth Circuit U.S. Court of Appeals panel on Aug. 15 again ruled in favor of a man that charged a data aggregator with Fair Credit Reporting Act (FCRA) violations for posting inaccurate information about him, deeming the alleged resulting harm to be sufficiently concrete to constitute an injury-in-fact to establish standing under Article III of the U.S. Constitution (Thomas Robins v. Spokeo Inc., No11-56843, 9th Cir., 2017 U.S. App. LEXIS 15211).



$22.5 Million Google Adwords Settlement Is Granted Final Approval
SAN JOSE, Calif. - A California federal judge on Aug. 7 granted final approval of a $22.5 million settlement of a class action over Google Inc.'s AdWords program under California's unfair competition law (UCL) and false advertising law (FAL) (In Re Google AdWords Litigation, No. 5:08-cv-03369, N.D. Calif.).



LinkedIn Enjoined From Blocking Analytics Firm's Access To Data
SAN FRANCISCO - In an Aug. 14 ruling, a California federal judge enjoined LinkedIn Corp. from denying a data analytics company access to publicly available information on its professional social networking site, finding no support for LinkedIn's argument that the access violated the Computer Fraud and Abuse Act (CFAA) (hiQ Labs Inc. v. LinkedIn Corp., No. 3:17-cv-03301, N.D. Calif., 2017 U.S. Dist. LEXIS 129088).



Apple Seeks Certiorari In Direct Purchaser Spat In IPhone App Antitrust Suit
WASHINGTON, D.C. - In an Aug. 2 petition for certiorari, Apple Inc. asks the U.S. Supreme Court to resolve a dispute over what constitutes a direct or indirect purchaser for purposes of establishing standing in antitrust litigation, seeking reversal of an appeals court permitting iPhone owners to sue Apple related to app prices (Apple Inc. v. Robert Pepper, et al., No. 17-204, U.S. Sup.).



Panel Finds Musician's Suit Over Facebook Pages Barred By CDA, Anti-SLAPP Law
SAN FRANCISCO - A trial court should have fully granted Facebook Inc.'s motion to strike a musician's lawsuit against it under California's Strategic Lawsuit Against Public Participation statute (anti-SLAPP statute), a California appeals panel ruled Aug. 9, finding the plaintiff's claims to be barred by the Communications Decency Act (CDA) (Jason Cross, et al. v. Facebook Inc., Nos. 148623 and 149140, Calif. App., 1st Dist., 2017 Cal. App. LEXIS 691).



Web Host Opposes DOJ's Warrant To Seize User Records From Activist Website
WASHINGTON, D.C. - Citing concerns under the First and Fourth Amendments to the U.S. Constitution, a web-hosting firm on Aug. 11 told a District of Columbia court that a U.S. Department of Justice search warrant seeking identifying information for visitors to an anti-Donald Trump website is overbroad and in violation of federal privacy law (In re: the Search of www.disruptj20.org that Is Stored at Premises Owned, Maintained, Controlled,, or Operated by DreamHost, No. 17 CSW 3438, D.C. Super.).



Wire Transfer Theft Covered Under Computer Fraud Policy Clause, Judge Rules
NEW YORK - A firm's loss due to a fraudulent wire transfer scheme constituted computer fraud even though the thief used email spoofing rather than hacking into the company's system, a New York federal judge ruled July 21, finding that coverage for the multimillion dollar loss existed under the computer fraud provision of the company's executive protection insurance policy (Medidata Solutions Inc. v. Federal Insurance Co., No. 1:15-cv-00907, S.D. N.Y.).



Google Seeks Ruling Canadian Global Injunction Is Not Enforceable In United States
SAN JOSE, Calif. - A recent Canadian Supreme Court ruling requiring Google Inc. to remove from all of its worldwide sites links to a trade secret infringer's websites cannot be enforced in the United States, the internet giant argues in a July 24 complaint, asking a California federal court to grant it declaratory relief (Google Inc. v. Equustek Solutions Inc., No. 5:17-cv-04207, N.D. Calif.).



Judge Partially Dismisses Claims Against Google In Trade Secrets Suit
SAN JOSE, Calif. - A federal judge in California on July 14 granted in part and denied in part Google's motion to dismiss state and federal misappropriation of trade secrets claims from a lawsuit, ruling that a wireless services and solutions firm has failed to show how Google's actions violated the terms of a nondisclosure agreement (Space Data Corp. v. Alphabet Inc., et al., No. 5:16-cv-03260, N.D. Calif., 2017 U.S. Dist. LEXIS 109842).



Company Denied Injunction To Protect Trade Secrets In Software Posted On Internet
PHILADELPHIA - A Pennsylvania federal judge on June 28 denied a software company's motion for a preliminary injunction to prevent a coin-counting-machine manufacturer from selling machines containing the software company's software, concluding that it was not likely to prevail on the merits of the case, which alleged misappropriation of trade secrets by the manufacturer (Arkeyo LLC v. Cummins Allison Corp., No. 16-4720, E.D. Pa., 2017 U.S. Dist. LEXIS 100605).



California Appeals Panel: Long-Term Renters Suing Airbnb Lack Standing Under UCL
SAN FRANCISCO - A class of long-term renters suing Airbnb Inc. in part for injury in fact due to the company's short-term renters causing damage to common resources failed to demonstrate standing under California's unfair competition law (UCL), a California appellate panel ruled Aug. 10 in an unpublished opinion (Louis Gamache, et al. v. Airbnb, Inc., No. A146179, Calif. App., 1st Dist., Div. 5, 2017 Cal. App. Unpub. LEXIS 5501).



$41.9M Judgment Against Safeway Over Higher Online Prices Is Upheld
SAN FRANCISCO - A Ninth Circuit U.S. Court of Appeals panel on Aug. 4 upheld a trial court's $41,884,767 class action judgment against Safeway Inc. in a lawsuit over the grocer's practice of pricing grocery items on its website an average of 10 percent higher than the same items in its stores without notifying consumers (Michael Rodman, et al. v. Safeway, Inc., No. 15-17390, 9th Cir., 2017 U.S. App. LEXIS 14397).



Mattress Seller, Review Website Settle, Dismiss False Advertising Lawsuit
NEW YORK - In a July 28 stipulation of dismissal filed in New York federal court, an online mattress retailer and a mattress review website operator announced that they have settled their respective false advertising claims, brought under the Lanham Act and state law (Casper Sleep Inc. v. Derek Hales, et al., No. 1:16-cv-03223, S.D. N.Y.).



Magistrate Judge Recommends No Class Certification In Computer Seller Spyware Suit
ERIE, Pa. - A Wyoming couple's claims that computer seller and lessor and its franchisee violated the Electronic Communications Privacy Act (ECPA) by installing spyware on its computers are not suited for class certification because individualized issues pertaining to liability predominate, a Pennsylvania federal magistrate judge ruled Aug. 4 (Crystal Byrd, et al. v. Aaron's, Inc., et al., No. 11-101, W.D. Pa., 2017 U.S. Dist. LEXIS 124291).



Motions For Judgment, Relief Filed In Remanded MP3tunes Copyright Suit
NEW YORK - Following an appeals court ruling and a denial of certiorari, the founder of now-defunct online music-sharing service MP3tunes LLC on July 28 asked a New York federal judge to grant him relief from a previous adverse judgment, citing new precedent that he says controls what claims may be brought against an out-of-state defendant (Capitol Records LLC, et al. v. MP3tunes LLC, et al., No. 1:07-cv-09931, S.D. N.Y.).



Domain Registrar Appeals Fees Denial In False Advertising Suit To 4th Circuit
RICHMOND, Va. - A domain registry firm that prevailed in a Lanham Act false advertising suit appealed a denial of its quest for attorney fees to the Fourth Circuit U.S. Court of Appeals, arguing in a July 31 brief that a trial court used the incorrect evidentiary standard and failed to consider evidence of the plaintiff's improper motive in filing suit (Verisign Inc. v. XYZ.com LLC, et al., No. 17-1704, 4th Cir.).



Divided Federal Circuit Says Patent Recites A Technological Improvement
WASHINGTON, D.C. - A dismissal by a Delaware federal judge of patent infringement allegations against NVIDIA Corp. was reversed and remanded Aug. 15 by a divided Federal Circuit U.S. Court of Appeals, which concluded that the dismissal was premised on an erroneous finding of patent ineligibility (Visual Memory LLC v. NVIDIA Corporation, No. 16-2254, Fed. Cir.).



Federal Circuit Upholds Obviousness, Anticipation Holding In Podcast Patent Suit
WASHINGTON, D.C. - The Electronic Frontier Foundation (EFF) was entitled to prevail on its petition before the Patent Trial and Appeal Board, which challenged the validity of a podcast technology patent, the Federal Circuit U.S. Court of Appeals ruled Aug. 7 (Personal Audio LLC v. The Electronic Frontier Foundation, No. 16-1123, Fed. Cir., 2017 U.S. App. LEXIS 14485).



Delaware Federal Judge Enters Partial Judgment Of No Patent Infringement
WILMINGTON, Del. - Allegations by two plaintiffs that 12 patents were infringed by the manufacture and sale of certain televisions, laptops and tablets were partly dismissed Aug. 11 by a Delaware federal judge on the basis of license agreements that cover some of the accused products (MiiCs and Partners America Inc., et al. v. Toshiba Corp., et al., No. 14-803; MiiCs and Partners America Inc. v. Funai Electric Co., et al., No. 14-804, D. Del., 2017 U.S. Dist. LEXIS 127745).



Virginia Federal Judge Directs Trademark Office To Register Booking.com
ALEXANDRIA, Va. - In an Aug. 9 ruling, a Virginia federal judge declared "Booking.com" a descriptive trademark that has acquired secondary meaning in Class 43 for hotel reservation services (Booking.com B.V. v. Joseph Matal, No. 16-425, E.D. Va., 2017 U.S. Dist. LEXIS 126320).



Mobile Applications and Litigation: Why Accessibility Is Important And What to Consider Before Launching, Part 2 of 2
By Sanjay Nasta and Paul J. Adam (Complete version of commentary with images available. Document #24-170817-199X.) Ensuring Mobile Apps Are Accessible By People With Disabilities: Tips And Testing Guidance For Designers And Developers



Supreme Court Deems North Carolina Sex Offender Social Media Ban Unconstitutional
WASHINGTON, D.C. - While acknowledging the importance of enacting laws to protect children from sexual predators online, the U.S. Supreme Court on June 19 issued majority and concurring opinions finding that a North Carolina sex offender registry law violates the First Amendment to the U.S. Constitution because it "impermissibly restricts lawful speech" and is not sufficiently tailored (Lester Gerard Packingham v. State of North Carolina, No. 15-1194, U.S. Sup., 2017 U.S. LEXIS 3871).



Twitter Users Sue Trump, Allege 1st Amendment Violation In Account Blocking
NEW YORK - The blocking of Twitter users from President Donald J. Trump's account violates the First Amendment to the U.S. Constitution, a group of blocked users and a free speech advocacy organization assert in a complaint filed against the president and two of his staffers July 11 in New York federal court (Knight First Amendment Institute at Columbia University, et al. v. Donald J. Trump, et al., No. 1:17-cv-05205, S.D. N.Y.).



Canadian High Court Upholds Global Injunction On Google Search Results
OTTAWA, Ontario - A Canadian trial court properly issued an injunction requiring Google Inc. to remove the links to a trademark infringer's websites worldwide, a Supreme Court of Canada majority ruled June 28, finding that an injunction over just Google's Canadian sites would not sufficiently combat the infringing activities (Google Inc. v. Equustek Solutions Inc., et al., No. 36602, Canada Sup.).



Tech Firm Appeals Dropbox Trademark Ruling To 9th Circuit
SAN FRANCISCO - In a June 16 appellant brief in the Ninth Circuit U.S. Court of Appeals, a Texas technology firm argues that a trial court improperly granted summary judgment to Dropbox Inc. (DBI) in the parties' dispute over infringement and priority of ownership of the "Dropbox" trademark, with the appellant contending that its claims against the bigger company are not barred by laches (Dropbox Inc. v. Thru Inc., No. 17-15078, 9th Cir.).



Panel: Complaint Against Digital Media Firm Properly Struck Under Anti-SLAPP Law
LOS ANGELES - Finding that an online entertainment company's trade libel suit against a digital media firm was based directly on the contents of its communications, a California appeals panel on June 29 affirmed a trial court's ruling striking the suit under the state's Strategic Lawsuit Against Public Participation statute (anti-SLAPP statute), also finding that underlying issues of internet copyright and adult content were matters of public interest that merited protection under the statute (FilmOn.com v. DoubleVerify Inc., No. B264074, Calif. App., 2nd Dist., 2017 Cal. App. Unpub. LEXIS 4477).



Man Convicted For Online Threats Seeks Second U.S. Supreme Court Review
WASHINGTON, D.C. - Seeking a second grant of certiorari in a case centering on a Pennsylvania man's conviction for making online threats, a petitioner in his June 26 reply brief asks the U.S. Supreme Court to review a threats standard by the Third Circuit U.S. Court of Appeals, which twice affirmed the conviction, which he contends "defy a common sense reading of unambiguous language" in the federal statute under which he was convicted (Anthony D. Elonis v. United States of America, No. 16-1231, U.S. Sup.).



West Virginia Man Says Arrest Over Facebook Posts Violated 1st Amendment
WHEELING, W.Va. - In a June 30 complaint in a West Virginia federal court, a self-described political activist claims that his 2015 arrest, incarceration and prosecution over three Facebook posts violated his rights to participate in protected political speech (David Jones v. Michael S. White II, etc., No. 5:17-cv-00100, N.D. W.Va.).



5th Circuit Vacates Exemplary Damages In Computer Access Suit
NEW ORLEANS - Finding that a staffing firm failed to establish malice in a rival's hiring away one of its employees who was found to have accessed his former employer's computer network without authorization, a Fifth Circuit U.S. Court of Appeals panel on June 21 vacated a trial court's $124,000 exemplary damages award against the defendant firm (Merritt Hawkins & Associates LLC v. Larry Scott Gresham, et al., No. 16-10439, 5th Cir., 2017 U.S. App. LEXIS 10981).



IT Firm Asserts No Liability For Ex-Employee's Hacking Of Columbia Sportswear
PORTLAND, Ore. - A Washington state tech firm moved for summary judgment in Oregon federal court July 10 on Columbia Sportswear Co.'s computer fraud and wiretap claims against it, arguing that it cannot be held vicariously liable for the hacking activities of a man who was previously employed by both companies (Columbia Sportswear Co. v. 3MD Inc., et al., No. 3:17-cv-00342, D. Ore.).



Debit Card Firm To 11th Circuit: Crime Protection Policy Covered Chit Fraud Loss
ATLANTA - Arguing that an $11 million debit card fraud scheme utilized its computer system, a card management firm argues in a June 13 brief to the 11th Circuit U.S. Court of Appeals that a trial court erred in finding that its crime protection insurer was not obligated to provide coverage for the resulting loss under a computer fraud provision (Hi Technology Corp., et al. v. Great American Insurance Co., No. 17-11712, 11th Cir.).



9th Circuit Upholds Copyright, Trademark Judgment For Microsoft
SAN FRANCISCO - A $1.95 million statutory damage award issued in favor of copyright and trademark infringement plaintiff Microsoft Corp. will stand, in light of a June 27 ruling by the Ninth Circuit U.S. Court of Appeals (Microsoft Corp. v. Buy More Inc., et al., No. 15-56544, 9th Cir., 2017 U.S. App. LEXIS 11454).



Supreme Court Denies Certiorari In Dancing Baby Copyright Case
WASHINGTON, D.C. - Following a May amicus brief from the U.S. government urging that certiorari be denied in a longstanding copyright dispute over a viral video, the U.S. Supreme Court on June 19 indicated that it will not hear the case (Stephanie Lenz v. Universal Music Corp., et al., No. 16-217, U.S. Sup.).



Copyright Defendant Zillow Partly Prevails Following Adverse $8.2 Million Verdict
SEATTLE - Jurors who in February deemed Zillow Inc. an infringer of 28,125 copyrighted images did not hear sufficient evidence from which to conclude that Zillow failed to take "simple measures" to remove the works from its "Zillow Digs" mobile app, a Washington federal judge ruled June 20 (VHT Inc. v. Zillow Group Inc., No. 15-1096, W.D. Wash.; 2017 U.S. Dist. LEXIS 95010).



Amazon Waives Right To Respond To Author's DMCA Claims, Petition For Certiorari
WASHINGTON, D.C. - In the wake of trial and appeals court rulings in its favor, Amazon.com Inc. on June 28 waived its right to respond to a pro se plaintiff's petition for certiorari in the U.S. Supreme Court, in which he asserts that the online retailer was negligent in its duty to remove infringing items from its website under the Digital Millennium Copyright Act (DMCA) (Reginald Hart v. Amazon.com Inc., No. 16-1549, U.S. Sup.).



High Court Denies MP3Tunes Founder's Jurisdictional Challenge In Copyright Suit
WASHINGTON, D.C. - In its June 19 order list, the U.S. Supreme Court denied a petition for certiorari by the founder of now-defunct online music-sharing service MP3Tunes LLC, who argued that neither he nor his former company had sufficient contacts with New York to establish personal jurisdiction over him in a copyright infringement lawsuit brought by a group of record labels (Michael Robertson v. EMI Christian Music Group, et al., No. 16-1227, U.S. Sup., 2017 U.S. LEXIS 3969).



Internet Service Provider Appeals Infringement Ruling, Fees Award To 4th Circuit
RICHMOND, Va. - With briefing completed on its appeal of a trial court finding it contributorily liable for users' online infringement, an internet service provider (ISP) on June 28 filed a supplemental brief in the Fourth Circuit U.S. Court of Appeals, voicing its objections to a subsequent award of attorney fees against it (BMG Rights Management [US] LLC, et al. v. Cox Communications Inc., et al., No. 16-1972, 17-1352 and 17-1353, 4th Cir.).



Megaupload Executives Say Circuit Split Requires Review Of Foreign Asset Seizure
WASHINGTON, D.C. - Former executives of the now-defunct file-sharing service Megaupload filed a reply brief in the U.S. Supreme Court on June 21, supporting their petition for certiorari and urging review and clarification of procedures governing the seizure of foreign assets under the Civil Asset Forfeiture Reform Act (CAFRA), which the petitioners say the U.S. government wrongly invoked to seize their assets in a criminal copyright case (Finn Batato, et al. v. United States of America, No. 16-1206, U.S. Sup.).



Bakery Chain Hit With ADA Class Complaint Over Website Accessibility
NEW YORK - A visually impaired man on July 5 filed a putative class complaint against a chain of bakeries in New York federal court, alleging violation of the Americans With Disabilities Act (ADA) based on the purported inaccessibility of the chain's website for blind individuals (Steven Matzura v. Milk Bar Inc., No. 1:17-cv-05030, S.D. N.Y.).



McDonald's Denies That Website, App Violate Blind Man's ADA Rights
CHICAGO - In a June 26 answer filed in Illinois federal court, McDonald's Corp. denies that it violated the Americans With Disabilities Act (ADA) by not providing equal access to its website and mobile app for visually impaired individuals, asking the court to dismiss the complaint brought by a California man (Sean Gorecki v. McDonald's Corporation, No. 1:17-cv-03036, N.D. Ill.).



Supreme Court Invites Government Views In Apple, Samsung Patent Case
WASHINGTON, D.C. - In its June 26 orders list, the U.S. Supreme Court invited the U.S. solicitor general to express the views of the federal government on whether an injunction in a patent case can be premised on findings of "some connection" between an infringing feature and alleged irreparable harm (Samsung Electronics Co. Ltd., et al. v. Apple Inc., No. 16-1102, U.S. Sup.).



Mobile Applications and Litigation: Why Accessibility Is Important And What To Consider Before Launching, Part 1 of 2
By Sanjay Nasta and Paul J. Adam (Complete version of commentary with images available. Document #24-170720-199X.) Why Mobile Accessibility?