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Tomorrow is Another One-A-Day: FDA Guidelines Preempt Vitamin Claims, but Consumer Class Still Has Opportunity to Supplement

Although consumer class actions in California are dime-a-dozen, a recent Northern District of California case involving One A Day vitamins stands out because it demonstrates how federal regulations can preempt certain state...more

Claim Term Relating To Cellular Transceivers Is Construed

The disputed technology relates to a cellular transceiver configured to communicate with a cellular wireless network. With trial scheduled to begin April 27, 2015, at the pre-trial conference the court invited the parties at...more

Judge Essex Holds That Nokia’s Handsets Infringe Two Of Interdigital’s Patents

Yesterday, Administrative Law Judge Essex issued a one-page notice of initial determination holding that Nokia’s 3G mobile handsets infringe the asserted claims of InterDigital’s U.S. Patent Nos. 7,190,966 and 7,286,847 (“the...more

Patent and Copyright Protection for Software API

Recently the United States Court of Appeals for the Federal Circuit had a chance to weigh in on the IP protections afforded software. When deciding Oracle v. Google (Oracle America, Inc. v. Google Inc.), the Court concluded...more

Aylus v. Apple: District Court Orders Production of Revenue Documents

Aylus Networks, Inc. ("Aylus") sought documents from Apple "relating to the revenue, costs and profits from (1) purchases or rentals of iTunes video content using the accused Apple TV and/or iOS products iPhone, iPad, and...more

IP Newsflash - April 2015 #3

DISTRICT COURT CASES - District Court Awards Attorney Fees Under its Inherent Powers Rather than 35 U.S.C. § 285 - On October 10, 2013, plaintiff MyMedicalRecords, Inc. (MMR) sued defendants claiming...more

The New Wave of Data Breach Settlements

4.8 million. 10 million. 15 million. 25 million. Before 2014, these large numbers were likely to represent the number of individuals affected by a data breach. Today, they are the dollar figures that companies must spend to...more

Regulatory Settlement Proves Major Obstacle for Certification of Minor Class of Google In-App Purchases

Google sells apps on its Play Store that allow users to make in-app purchases, typically the buying of “currency” for use in app-based games. This putative class action alleged that the games were aimed at minor children and...more

Advertising Law - April 2015 #2

Red Light! Cab Companies Claim Uber Falsely Claims to Be Safer Service: What’s safer—riding in a cab or riding in an Uber car? - A new false advertising lawsuit raised that question when a coalition of 19...more

Telecoms File Lawsuit Challenging Net Neutrality Rules

The Federal Register officially published the FCC’s new rules governing net neutrality on Monday, April 13, 2015, and the new rules will take effect 60 days following the date of publication. As anticipated, AT&T and the...more

Court Denies Request to Release a Video Deposition of Steve Jobs Shown During Trial

While sitting for a videotaped deposition, in one of his last public appearances, the late Apple CEO Steve Jobs swiveled impatiently in his chair and answered questions regarding Apple’s digital rights management technology...more

Blogging with Intent: Personal Jurisdiction and Defamation in the Internet Age

A California court of appeal recently decided that posting allegedly defamatory statements from Illinois on the Internet about a person living in California, without more, did not create “minimum contacts” for purposes of...more

Data Encryption and Its Potential Effect on Litigation and Discovery

In September 2014, Apple introduced a new mobile-operating system called iOS8. iOS8 offers enhanced data-encryption protection to Apple users and the content stored on their mobile devices. Apple's advancements in...more

A New Weapon to Combat Cybersquatting: File Suit against Domain Registrars and Hosting Companies

Cybersquatting, under the Anticybersquatting Consumer Protection Act (ACPA), 15 U.S.C. § 1125(d), is registering, trafficking in, or using an Internet domain name with bad faith intent to profit from the goodwill of a...more

Microsoft versus the Federal Government; Round Three

Microsoft Corporation’s (Microsoft U.S.) reply brief is due this week in its appeal of The District Court for the Southern District of New York’s order to comply with the U.S. government’s warrant requiring the turnover of a...more

Ninth Circuit Holds That ADA Is Applicable Only to “Actual, Physical Place”

The decision in Earll v. eBay finds that a website business not connected to any physical place is not a “place of public accommodation” for purposes of Title III of the ADA....more

IP Newsflash - April 2015

DISTRICT COURT CASES - Patent Directed to Online Auction Held Invalid Under § 101 - A district court recently granted a defendant’s motion for judgment on the pleadings, holding that a patent directed to an...more

Second Circuit Joins Chorus In Favor Of CDA Immunity

In Ricci v. GoDaddy.com, the United State Court of Appeals for the Second Circuit affirmed a dismissal of defamation claims against GoDaddy.com, a website host, invoking the immunity and preemption provisions of the...more

Too Much Information – Eleventh Circuit’s Review of Ellis May Define “Personally Identifiable Information” for Cell Phone Users

On March 2, 2015, The Cartoon Network Inc. (“Cartoon Network”) filed its response brief in Mark Ellis v. Cartoon Network Inc., asking the Eleventh Circuit Court of Appeals to uphold the district court’s dismissal of the...more

Supreme Court Corner - Q1 2015

Teva Pharmaceuticals USA, Inc. v. Sandoz, Inc. Patent – Decided: January 20, 2015 - Holding: When reviewing a district court’s resolution of subsidiary factual matters made during its construction of a patent claim,...more

Advertising Law - March 2015 #3

Response To FCC’s New Net Neutrality Regs Anything But Neutral - In a split vote, the Federal Communications Commission approved a new net neutrality measure that would ban fast lanes and re-label broadband as a...more

European Hearing on the Future of Safe Harbor

Back on February 12th 2015, Max Schrems, the Austrian law student who began Europe v. Facebook, posted a tweet suggesting that the Court of Justice of the European Union (CJEU) may hear his case as soon as this month. Since...more

Default Is In Our Stars: Allegedly Overreaching Copyright Claimants Fail to Show

Taking legal action to enforce a copyright is often an expensive proposition so, before you go down that road, you better make sure you own the copyright in question. But what if you have already initiated copyright...more

Another Class Action Pops Up For Complaints About Pop-Ups

A class action lawsuit recently instituted in federal court in the Northern District of California, Hunter v. Lenovo et al., alleges that Lenovo Inc., a computer manufacturer, violated its customers’ rights by selling...more

The Federal Wiretap Act and the Law of Unintended Consequences

The law of unintended consequences – a distant cousin of Murphy’s Law – states that the actions of human beings will always have effects that are unanticipated and unintended. The law could prove a perfect fit for recent...more

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