Amazon

News & Analysis as of

Speedtrack Inc. v. Amazon.com, Inc. (N.D. Cal. 2017)

File-Searching Software Patent Found to be Patent Eligible - Speedtrack sued Amazon for patent infringement of U.S. Patent No. 5,544,360 in the United States District Court for the Northern District of California. ...more

Sue-per Bowl Shuffle III: The Year In NFL-Related Intellectual Property Litigation

Two years ago, I started worrying about what would happen if someone at a Super Bowl party asked me to explain an NFL-related lawsuit, particularly one of those intellectual property lawsuits that sports fans assume IP...more

Initial Interest Confusion: Initially Interesting, Ultimately Harmless?

In the market for sunglasses, I recently went to Amazon.com and searched for “Holbrook sunglasses.” HOLBROOK is, of course, a trademark of Oakley, Inc. – but I had no intention of purchasing Oakleys. Instead, I wanted a far...more

Alexa: Play Confession

It sits in your house, passively recording everything you say. It knows what you like. It knows what you listen to. It knows what you buy. It knows who’s in the room with you. And now, it might tell the police all about...more

I Now Call Alexa to the Stand: What Criminal Law Can Learn from Civil Law When It Comes to E-Discovery

More and more, electronically stored information (ESI) is being collected as evidence for criminal cases. The latest example came to light over the new year in the Washington Post article, “Can Alexa help solve a murder?...more

Your Daily Dose of Financial News

The Fed’s anticipating faster growth in the coming year and rate increases to go with it. That and a whole lot of uncertainty about the incoming administration are the big takeaways from the Fed’s December meeting minutes....more

Drone Patents

Last month, Amazon made its first delivery via drone with its Prime Air service. Remember, this is an e-commerce company not a drone manufacturer. Amazon is pushing the limits in the use of unmanned aerial vehicles (UAVs) and...more

Gavel to Gavel: Fake goods pose real risks when shopping online

"'Twas the week before Christmas, and one click of the mouse ordered the presents for all in the house. With two-day free shipping and discounts galore, we just shop online – why go to a store?" Originally published in...more

District Court Strikes Infringement Contentions Pursuant to Doctrine of Equivalents Because They Contained Blanket Assertions That...

The Defendants filed a motion to strike the Plaintiff's infringement contentions, including their contentions under the doctrine of equivalents ("DOE"), for failing to comply with the Local Patent Rules ("P.R."). The...more

OTA & Travel Distribution Update

Hello all, With the new year, we plan to post portions of the OTA & Travel Distribution Updates that I prepare and circulate among our hospitality clients each week. Although the posts will be a week or two behind the...more

Copyright and Trademark Case Review: John Madden Football, Rhett Butler and the Commerce Clause

Copyright Opinions - Absence of Source Code for Video Games Results in JMOL of Non-Infringement: Antonick v. Electronic Arts, Inc., No. 14-15298 (9th Cir. Nov. 22, 2016). Hurwitz, J. In a suit for royalties on EA's...more

Cybersecurity Experts to Congress: It’s Time for Guidance

On October 21, 2016, millions of internet users across the United States were prevented from accessing a number of popular websites, including Amazon, Netflix, Spotify and Twitter. The reason? A hacker had previously...more

In new litigation, Amazon takes a stronger stance on counterfeit products

Amazon is taking a new aggressive stance against counterfeiters who use its marketplace — a sign that the massive online retailer’s tactics toward rights-holders may be turning from frustration to friendship. In two...more

Amazon.com Does Not Have to Put Out the Fire

Addressing an interlocutory appeal, the US Court of Appeals for the 11th Circuit affirmed a district court’s denial of a preliminary injunction against Amazon.com for trademark infringement, agreeing that the plaintiff’s...more

Does the ADA Protect a Customer Service Agent With Dissatisfied Customers? The Ninth Circuit Says No

The Ninth Circuit Court of Appeals recently ruled against a failure-to accommodate claim brought by a customer service employee who was fired for poor performance. According to the court, the former employee, who suffered...more

You’ll Have To Be More Specific When Crafting That Generic Claim

Recent § 101 jurisprudence regarding tech inventions can be distilled down to two words: be specific. That’s a problem for patents in the tech space, because they are not specific at all, claiming inventions using broad...more

“Meandering Evening Stroll” Helps Defeat Preliminary Injunction Motion Against AMAZON FIRE TV

A recent decision by the United States Court of Appeals for the 11th Circuit highlights the perils of delay in filing a motion for a preliminary injunction in a trademark infringement case. In Wreal, LLC v. Amazon.com, Inc....more

Video-Streaming Companies See the “Netflix Tax” Going into Effect Around the Country to the Dismay of “Cord Cutters”

If you are like many other Americans, then you may have “cut your Cable TV cord” and turned to streaming movies and shows through your accounts with Netflix, Amazon Prime, Hulu, HBO GO, SlingTV, or other video streaming tech...more

Federal Circuit Finds Another Software Patent Ineligible

In Affinity Labs of Texas, LLC v. Amazon.com, Inc., Chief Judge Prost affirmed a district court’s finding that Affinity Labs’ patent was invalid for being directed to ineligible subject matter because it was directed to an...more

Federal Circuit Patent Updates - September 2016

Husky Injection Molding System v. Athena Automation Ltd. (No. 2015-1726, 9/23/16) (Lourie, Plager, Stoll) - Lourie, J. Dismissing an appeal from a PTAB decision in an IPR for lack of jurisdiction. “[W]e conclude that we...more

Amazon and Google Push for Drone Delivery Services to Take Flight

In light of the FAA’s new rule (or Part 107) for small Unmanned Aircraft Systems (sUAS), the Unmanned Aircraft Systems (UAS) industry has eagerly pushed the U.S. government to initiate testing of drone delivery systems....more

Tridim Innovations LLC v. Amazon.com, Inc. (N.D. Cal. 2016)

"Computer Display System" Patent Found Invalid under § 101 - Tridim Innovations LLC sued Amazon.com, Inc. for patent infringement of U.S. Patent Nos. 5,838,326 and 5,847,709 in the U.S. District Court for the Northern...more

Amazon Defeats Appistry’s Distributed Computing Patents With Finding Of Patent Ineligibility

On July 19, 2016, the District Court for the Western District of Washington (“Court”) dismissed a patent suit because the asserted patents (U.S. Patent Nos. 8,682,959 and 9,049,267) cover ineligible subject matter. See...more

Which U.S. Businesses Must Comply with EU Data Protection Laws?

What the recent Amazon decision tells us - On 28 July 2016, the European Court of Justice rendered a decision in a dispute between an Austrian Consumer Protection organization known as VKI (Verein für...more

Amazon Case Means EU B2C Website Terms May Need an Update

If you operate a website which does business with consumers based in the European Union, read on. In the recent case, Verein für Konsumenteninformation v Amazon EU Sàrl (28 July 2016), brought by Austrian consumer...more

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