Bankruptcy Judge: Kodak May Sell 2 Patents Despite Apple Inc.'s Protest

NEW YORK - The federal bankruptcy judge presiding over the Chapter 11 case of Eastman Kodak Co. on Aug. 1 ruled that Kodak could sell two of its patents related to digital imaging, concluding that the statute of limitations had run out on Apple Inc.'s right to assert ownership. Other patents remain...

Internet Porn Site Must Disclose Identities Of Some Uploaders

LAS VEGAS - An Internet site accused of copyright infringement of "adult-themed" videos must disclose to a Las Vegas video producer the identities of six people who allegedly uploaded protected video, a Nevada federal judge ruled Aug. 1 ( Liberty Media Holdings, LLC v. Sergej Letyagin, d/b...

California Federal Judge Denies Approval Of Facebook Privacy Settlement

SAN FRANCISCO - A California federal judge on Aug. 17 denied a motion for preliminary approval of a settlement that is allegedly valued at $123.5 million but provides no monetary relief directly to class members, in a class suit accusing Facebook Inc. of using the names and photos of users in advertising...

3rd Circuit Will Not Stay Mandate In Reverse-Payment Settlements Case

PHILADELPHIA - The Third Circuit U.S. Court of Appeals on Aug. 17 denied drug makers' motion to stay the mandate pending the filing of a petition for a writ of certiorari in the U.S. Supreme Court in a case in which the appeals court ruled that settlements involving a reverse payment from a name...

Calif. Federal Judge Grants Preliminary Approval Of Amended Facebook Settlement

SAN FRANCISCO - A California federal judge on Oct. 9 granted preliminary approval of an amended settlement that adds a $10 cash payment in relief to each class member in a suit accusing Facebook Inc. of using the names and photos of users in advertising on the social network without the users' express...

Merck Urges High Court To Grant Review In 2 Reverse-Settlement Cases

WASHINGTON, D.C. - Merck & Co. Inc. on Nov. 20 urged the U.S. Supreme Court to grant review of both its challenge to a Third Circuit U.S. Court of Appeals ruling and the Federal Trade Commission's challenge to an 11th Circuit U.S. Court of Appeals ruling in Federal Trade Commission v. Watson...

GlaxoSmithKline, Third-Party Payers' Antitrust Settlement Is Approved

PHILADELPHIA - A federal judge in Pennsylvania on Jan. 14 granted preliminary approval to a $21.5 million cash settlement on third-party payers' (TPP) class claims that GlaxoSmithKline PLC (GSK) engaged in a fraudulent scheme to extend patent protection for antidepressant drug Wellbutrin SR (In re...

8th Circuit Remands Case Involving Sealing Of Monopolization Complaint

ST. LOUIS - When ruling on a motion to intervene and to unseal the complaint in an antitrust case, a federal district court must consider whether redaction of confidential business information is "practicable," the Eighth Circuit U.S. Court of Appeals ruled Feb. 11 (IDT Corp., et al. v. eBay...

Judge: Competition Law Claims Involving Lawyer's Google Advertising Proceed

SAN JOSE, Calif. - An Arkansas lawyer may pursue most of his California unfair competition law (UCL) action based on his alleged reliance on Google Inc.'s advertising pricing and placement policies, a federal judge held April 9 (Rick Woods, et al. v. Google Inc., No. 5:11-cv-01263, N.D. Calif.; 2012...

Judge Dismisses Antitrust Class Action Against Inflight Internet Provider

SAN FRANCISCO - Three airline travelers have failed to show that "there has been a substantial foreclosure of competition in the relevant market" of providers of Internet connectivity on domestic commercial aircraft, a California federal judge found April 10, granting a motion to dismiss by...

2nd Circuit Upholds Dismissal Of False Advertising Class Action Against ISP

NEW YORK - Deceptive advertising, computer fraud and related claims brought against Time Warner Cable in a putative class action "lack facial plausibility sufficient to withstand a motion to dismiss," a Second Circuit U.S. Court of Appeals panel ruled May 6, citing the plaintiffs' failure...

FTAIA Bars Antitrust Claims In USB Connector Case, New York Federal Judge Rules

NEW YORK - A federal judge in New York on May 14 dismissed for lack of subject matter jurisdiction Sherman Act claims brought by a Chinese manufacturer of universal serial bus (USB) 3.0 connectors against other manufacturers that do not manufacture or directly sell any USB 3.0 connectors in the United...

States, Penguin Settle E-Books Price-Fixing Litigation; Apple Set For Trial

NEW YORK - Texas and several other states and territories and classes of purchasers have reached an agreement with Penguin Group (USA) Inc. on allegations that several publishers and Apple Inc. conspired to fix prices of electronic books, according to a May 22 letter filed with the federal judge in New...

Several State-Law Claims Against Apple Are Dismissed On Eve Of Antitrust Trial

NEW YORK - The federal judge in New York overseeing the multidistrict litigation against Apple Inc. on claims that the company conspired with several publishers to fix prices of electronic books approved the dismissal of several state-law claims on May 29, just days before the June 3 trial date (In re...

Purchasers' Settlement With Video Game Software Maker Receives Final Approval

OAKLAND, Calif. - A federal judge in California on May 30 granted final approval to a $27 million settlement of purchasers' claims that a manufacturer of interactive video game software violated antitrust law by entering into exclusive trademark licenses with U.S. football associations (Geoffrey...

$150M Settlement Receives Final Approval In Flonase Sham Litigation Case

PHILADELPHIA - A federal judge in Pennsylvania on June 14 granted final approval to a $150 million cash settlement between Flonase manufacturer GlaxoSmithKline PLC (GSK) and a certified class of 33 direct purchasers on the direct purchasers' claims that GSK filed a series of sham citizen petitions...

High Court Remands Reverse-Payment Settlement Cases To 3rd Circuit

WASHINGTON, D.C. - The U.S. Supreme Court on June 24 vacated the judgment of the Third Circuit in antitrust litigation involving the drug K-Dur and remanded for further consideration in light of its recent ruling in Federal Trade Commission v. Actavis, Inc., et al., in which it held that reverse-payment...

Calif. Cipro Purchasers Seek Approval Of Settlement With Bayer Over Pay-For-Delay

SAN DIEGO - California purchasers of the antibiotic Cipro and third-party payers who reimbursed for California purchases of Cipro on July 11 asked a state court to grant preliminary approval to their $74 million cash settlement with Bayer Corp. and Bayer AG (collectively, Bayer) on claims that Bayer...

Purchasers Fail To Allege Article III Standing In IPhone App Case, Judge Rules

OAKLAND, Calif. - A federal judge in California on Aug. 15 dismissed with leave to amend an action claiming that Apple Inc. monopolized and attempted to monopolize the iPhone applications aftermarket, finding that the plaintiffs failed to establish that they suffered actual injury necessary to establish...

9th Circuit Affirms Dismissal Of Antitrust Class Action Over ITunes, IPods

SAN FRANCISCO - A Ninth Circuit U.S. Court of Appeals panel on Sept. 3 affirmed a lower court's dismissal of a California woman's antitrust claims against Apple Inc. based on purported monopolization and supracompetitive prices in the digital music market (Stacie Somers v. Apple Inc., No. 11...

Text Messengers Must Arbitrate Antitrust Claims, Federal Judge Rules

NEW YORK - Text message service companies alleging that wireless communication companies, a trade organization and aggregators conspired to restrain trade and monopolize the market for application-to-person (A2P) text messages must arbitrate their federal antitrust claims, a federal judge in New York...

Unfair Competition Class Action Against Skype Reinstated By Appeals Court

LOS ANGELES - A California appeals panel on Oct. 4 found that a woman's putative class claims alleging unfair competition, false advertising and related claims against Skype Inc., over its claims of "unlimited" calling plans, were adequately alleged, reversing and remanding a lower court's...

Credit Card Suit Against Nordstrom Can Continue, Federal Judge Rules

SACRAMENTO, Calif. - A federal judge in California on Oct. 22 refused to dismiss a putative class action alleging that Nordstrom Inc. violated the Song-Beverly Credit Card Act of 1974 by requesting customers' email addresses to send unsolicited marketing materials, predicting that the California...

Judge Again Finds IPhone Owners Lack Standing To Bring Antitrust Claims

OAKLAND, Calif. - For the second time, a California federal judge on Dec. 2 dismissed a putative antitrust class action against Apple Inc., finding that the plaintiff consumers failed to establish standing as direct purchasers to assert antitrust violations related to Apple's sale of iPhone applications...

11th Circuit Upholds Rejection Of Suit Over Travel Companies' Tax Collection

ATLANTA - More than 250 Georgia cities and counties failed to prove that online travel companies (OTCs) collected excess taxes and now owe the localities back taxes, the 11th Circuit U.S. Court of Appeals ruled Dec. 13, also upholding a district court's sanctions ruling against the class of localities...