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EFF Blasts ASCAP Bid For Ringtone Royalties

Thursday, Jul 02, 2009

Free-information advocacy group the Electronic Frontier Foundation has accused the American Society of Composers, Authors and Performers of attempting to cash in on performance royalties every time a copyrighted song snippet plays on one of millions of users' cell phones.

Skype, EBay Lose Bid For Stay In VoIP Patent Fight

Thursday, Jul 02, 2009

A federal judge has rejected a bid by Skype Technologies SA and its parent company eBay Inc. to stay a patent infringement lawsuit filed by Net2Phone Inc. over Voice Over Internet Protocol online communications technology.

Microsoft Exits Dispute Over Online Ad Patent

Thursday, Jul 02, 2009

Another heavyweight has exited Performance Pricing Inc.’s infringement action, as the court dismissed with prejudice all allegations against Microsoft Corp., leaving Google Inc. and AOL LLC to face claims related to a patent for online marketing and transactions.

Fed. Circ. Stays Dish Injunction In TiVo DVR Battle

Thursday, Jul 02, 2009

A federal appeals court has stayed a permanent injunction barring Dish Network Corp. from infringing TiVo Inc.'s Time Warp digital video recorder patent, extending the temporary pause it put on the case when the satellite television provider first sought to overturn a $103 million contempt order.

LG, Hitachi Settle Technology Patent Battles In US

Thursday, Jul 02, 2009

Japan's Hitachi Ltd. and South Korea's LG Electronics Inc. have reached a settlement of their U.S. patent disputes over technology including plasma display technology and audiovisual products.

ClearOne Fights Trade Secrets Award Reduction

Thursday, Jul 02, 2009

ClearOne Communications Inc. is planning to appeal a federal court’s ruling trimming roughly $800,000 from a $10.5 million damages award that a jury handed the audio and video company in a case alleging former ClearOne employees stole trade secrets related to audio-conferencing technology.

AT&T Challenges Order From Mich. Utility Commission

Thursday, Jul 02, 2009

A subsidiary of AT&T Inc. has filed a lawsuit seeking to stop the Michigan Public Service Commission from arbitrating a dispute with Sprint Nextel Corp. over the proposed extension of an interconnection agreement.

Ex-Qwest Accountant Fights SEC's Fraud Claims

Wednesday, Jul 01, 2009

A former Qwest Communications International Inc. accountant has urged a court to toss the U.S. Securities and Exchange Commission's fraud case against him, arguing he was a junior executive with no power.

Overstock.com Class Action Sent To Arbitration

Wednesday, Jul 01, 2009

A terms and conditions notice at the bottom of a Web site is enough to lock an Overstock.com Inc. cell phone-insurance buyer into a contract that compels arbitration and scuttles his proposed class action, a federal court has said.

Music Cos. Say Yahoo, Rhapsody Infringe Copyrights

Wednesday, Jul 01, 2009

A group of music rights holders has filed suit against Yahoo Inc., RealNetworks Inc. and Microsoft Corp. alleging that the companies have infringed copyrights by offering songs for download over their online music services.

MySpace Found Not Liable For Sexual Assault

Wednesday, Jul 01, 2009

MySpace Inc. cannot be held liable when minors are sexually assaulted by adults they met on its Web site because the social networking Web server is immune under the Communications Decency Act, a California appeals court has affirmed.

Movielink Didn't Infringe VOD Patent Claims: Judge

Wednesday, Jul 01, 2009

A federal judge has ruled that defunct video-on-demand service and Blockbuster Inc. subsidiary Movielink LLC did not infringe two claims of an American Patent Development Corp. patent on a method of limiting the use of a downloaded video program purchased by a customer.

Adelphia Trust Must Produce Deloitte Suit Testimony

Wednesday, Jul 01, 2009

A federal judge has ordered creditors of collapsed telecommunications giant Adelphia Communications Corp. to turn over expert reports from an old malpractice case against Deloitte & Touche to a group of banks, including Citigroup Inc., Deutsche Bank AG and Bank of America Corp., which the creditors are suing for fraud.

Judge Refuses To Rethink Ruling In Toshiba IP Suit

Wednesday, Jul 01, 2009

A federal judge has refused to reconsider a decision subjecting Toshiba Corp.'s newly formed subsidiary with Samsung Electronics Co. to the terms of a patent licensing agreement with Discovision Associates.

Shareholders Seek To Reclaim Cityhub Search Patent

Wednesday, Jul 01, 2009

Shareholders of defunct local search service provider Cityhub.com Inc. are accusing the company's former director of breaching his fiduciary duty by dissolving the company and assigning a valuable company-owned patent to another company he controlled without the shareholders' consent, and then infringing the patent by using it to obtain settlements with Verizon Communications Inc. and Idearc Information Services inc.

Class Action Over Dell Printer Feature Dismissed

Tuesday, Jun 30, 2009

A judge has dismissed a proposed class action accusing Dell Inc. of fraudulently marketing an ink-jet printer feature to dupe customers into replacing ink cartridges that don't need to be replaced.

Sun Resolves DataTern Fight Over Database Patents

Tuesday, Jun 30, 2009

DataTern Inc. has settled two infringement suits against Sun Microsystems Inc. over database patents, bringing an end to the dispute almost two months after the technology company resolved similar claims against Oracle Corp.

Antitrust Claims OK'd In Rembrandt Patent MDL

Tuesday, Jun 30, 2009

A federal magistrate judge has recommended that cable manufacturers be allowed to pursue antitrust and unfair competition claims against Rembrandt Technologies LP, which the manufacturers claim perpetrated a scheme to market versions of its patented technology solely to make a case for injunctive relief.

Philips Settles With Atratech In LCD Patent Suit

Tuesday, Jun 30, 2009

Philips Electronics North America Corp. has become the first flat-screen television maker to reach a settlement with AtratechJapan Corp., a Japanese company that has accused several electronics giants of infringing its patent for TV backlighting technology.

Belkin Wins Bid To Move Patent Case

Tuesday, Jun 30, 2009

A federal judge has granted Belkin Inc.'s request to transfer a patent dispute between it and Taiwan-based Aten Technology Inc. to the U.S. District Court for the Central District of California, despite his apparently dim view of a Belkin co-defendant's actions.


Guest Columns

Cell Phone Spyware: Absurd? Or a New Concern?

As if it is not bad enough that employers have to monitor computers, phones and other electronic communications of employees, here comes the next wave of e-caution: cell phone spyware, say Tex McIver and Deepa Subramanian of Fisher & Phillips LLP.

Understanding The Objective Prong In Seagate

Certain arguments made in a recent Law360 guest article — "Seagate, The Issue Of Willful Patent Infringement" — reflect a fundamental misunderstanding of the objective prong of the Seagate test. The objective prong has nothing at all to do with what a reasonably prudent corporation does when faced with a charge of infringement, say Robert E. Freitas and Jason S. Angell of Orrick Herrington & Sutcliffe LLP.

In The Wake Of Bilski

Eight months after the Bilski decision, courts are beginning to come to grips with defining the metes and bounds of the Bilski standard; but in many instances, no clear picture has yet emerged, say Carlos Perez-Albuerne and Margaret E. Ives of Choate Hall & Stewart LLP.

Info Recovery In Large And Small Businesses

Here's a basic explanation of how backup and recovery of e-mail and files work, so that one can get a realistic idea of what can be expected when this happens, says George Dew, owner of Response Networking.

Making The Most Of Rule Of Evidence 502

It is foreseeable that, if used strategically, the new Federal Rule of Evidence 502 should alleviate the burdens of costly electronic discovery and post-production privilege review and should ultimately reduce the billions of dollars spent each year in litigation to protect against the inadvertent disclosure of privileged materials, says Otilia Gabor of Miles & Stockbridge PC.

Google's Solution To Its Book Rights Fight

Under the terms of a tentative agreement, Google Inc. will compensate class members in a suit filed by the Association of American Publishers and the Authors Guild by making at least $45 million available to rights holders. Authors, publishers, copyright holders and agents are now on the clock to opt out or object, says William D. Schultz of Merchant & Gould PC.

Drafting Licenses, Settlements Under TransCore

The broad implications of the treatment of an expressly limited covenant not to sue in TransCore LP v. Electronic Transaction Consultants Corp. present challenges to parties drafting agreements that are not intended to exhaust patent rights as to third parties or to create immunity from suit on later-issued patents, say Michael G. Biggers and Carina H. Schoenberger of Bryan Cave LLP.

Use In Commerce: The Bose Problem

If Bose chose to rely on statutory interpretation of Section 45 of the Trademark Act to justify its claim of "use in commerce" in Bose Corp. v. Hexawave Inc., then the signatory of the document, the company’s general counsel, should have interpreted the entire definition, not just the part that served its purpose, says David J. Kera of Oblon Spivak McClelland Maier & Neustadt PC.