Expedited Discovery Allowed In Hacking, Identity Theft Case

SEATTLE - Two plaintiffs who allege a seven-year campaign of online harassment and identity theft by an unknown individual have sufficiently established that expedited discovery is warranted and necessary to pursue their claims against the Doe defendant, a Washington federal judge found Oct. 28, granting...

High Court Declines To Hear Appeal Over Facebook Beacon Privacy Settlement

WASHINGTON, D.C. - In its Nov. 4 order list, the U.S. Supreme Court denied certiorari in a petition regarding the settlement of a privacy class action over Facebook Inc.'s short-lived "Beacon" program, with Chief Justice John Roberts noting that although there are "fundamental concerns"...

Class Action Alleging Defective Apple MacBook Laptops Dismissed

AUSTIN, Texas - Because the laptops purchased by two putative class action plaintiffs "functioned adequately for nearly five times longer than" warranted, a Texas federal judge on Oct. 31 dismissed fraud, breach of warranty and related claims against Apple Inc. (David R. Deburro, et al. v....

3rd Circuit Partly Vacates Dismissal Of Consumer Action Against Restaurant.com

PHILADELPHIA - In light of a ruling by the New Jersey Supreme Court that found certificates bought at www.restaurant.com to be "consumer contracts" and subject to the regulations of New Jersey's Truth-in-Consumer Contract, Warrant and Notice Act (TCCWNA), a Third Circuit U.S. Court of Appeals...

Magistrate Judge Grants Majority Of Defendants' Motion To Compel

NEW ORLEANS - A federal magistrate judge in Louisiana on Nov. 8 granted in part the majority of a motion to compel filed by defendants in a trade secret misappropriation case, finding that a large number of the documents listed on the plaintiff's privilege log were not protected from disclosure ...

Federal Judge Limits Damages Expert In Apple Patent Retrial In California

SAN FRANCISCO - An expert testifying in the patent infringement damages retrial between Apple Inc. and Samsung Electronics Ltd. cannot testify about whether Samsung copied Apple's products, a federal judge in California held Nov. 6 (Apple Inc. v. Samsung Electronics, Ltd., et al., No. 11-CV-01846...

Putative Class Action Filed Over Adobe Systems Security Breach

SAN JOSE, Calif. - A graphic designer filed a putative class action against Adobe Systems Inc. in California federal court on Nov. 11, leveling claims of unfair business practices and breach of contract related to a massive security breach that the software giant recently experienced (Christina Halpain...

Pennsylvania Federal Judge Won't Exclude Experts From Testifying In Patent Case

HARRISBURG, Pa. - A patent dispute will proceed with the testimony of two competing expert witnesses, thanks to two Nov. 13 rulings by a Pennsylvania federal judge (Kimberly Clark Worldwide Inc. v. First Quality Baby Products LLC et al., No. 09-1685, M.D. Pa.).

Nexium End-Payers Granted Certification Of Damages Class, Not Injunctive Class

BOSTON - A federal judge in Massachusetts on Nov. 14 certified a damages class of end-payers that purchased or provided reimbursements for Nexium on the end-payers' antitrust and consumer protection claims contending that the manufacturer of the heartburn medication and generic drug manufacturers...

California Cipro Purchasers' Settlement With Bayer Over Pay-For-Delay Is Approved

SAN DIEGO - A judge in California on Nov. 15 granted final approval to a $74 million cash settlement between Bayer Corp. and Bayer AG (collectively, Bayer) and California purchasers of the antibiotic Cipro and third-party payers who reimbursed for California purchases of Cipro on claims that Bayer paid...

Florida Federal Judge Won't Bar Expert Testimony In Trademark Dispute

TAMPA, Fla. - Efforts by a trademark defendant to exclude the testimony of a certified public accountant (CPA) were thwarted Nov. 19, when a Florida federal judge denied the request (Health and Sun Research Inc. v. Australian Gold LLC, No. 12-2319, M.D. Fla.).

Apple Seeks Dismissal Of States' Damages Action In E-Books Conspiracy Litigation

NEW YORK - Apple Inc. on Nov. 15 moved to dismiss an action by the attorneys general of several states which alleges that Apple conspired with publishers to fix prices of electronic books, arguing that the district court lacks subject-matter jurisdiction over the states' damages action against Apple...

Judge Dismisses Privacy, Unfair Competition Class Action Over IPhone Apps

SAN JOSE, Calif. - The named plaintiffs in a putative class action against Apple Inc. failed to establish their standing under Article III of the U.S. Constitution or two California statutes, a California federal judge found Nov. 25, disposing of their claims related to Apple's purported collection...

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...

Pa. Federal Judge Won't Bar Expert From Testifying In Patent Dispute

HARRISBURG, Pa. - A request by Kimberly-Clark Worldwide Inc. (KC) to bar a defense expert from testifying at trial on a "new" theory that several asserted patents are invalid was unsuccessful on Dec. 9 (Kimberly-Clark Worldwide Inc. v. First Quality Baby Products LLC et al., No. 09-1685, M...

Nexium Direct Purchasers Granted Class Certification In Pay-For-Delay Suit

BOSTON - A federal judge in Massachusetts on Dec. 11 certified a nationwide class of direct purchasers of Nexium on their antitrust claims contending that the manufacturer of the heartburn medication and generic drug manufacturers entered into reverse-payment agreements to keep generic versions of the...

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...

Federal Circuit Partly Reverses Calculation Of Costs In Patent Case

WASHINGTON, D.C. - A Georgia federal judge erred in an interpretation of 28 U.S. Code Section 1920(4), the statutory provision governing the taxation of costs, when he ordered a plaintiff to pay $49,824.60 to one defendant and $268,311.12 to another, the Federal Circuit U.S. Court of Appeals ruled Dec...

DOJ Opposes Apple's Motion To Stay Injunction In E-Books Conspiracy Litigation

NEW YORK - The U.S. Department of Justice and several states on Dec. 30 opposed Apple Inc.'s motion requesting a stay of the appointment of an external compliance monitor pending Apple's appeal to the Second Circuit U.S. Court of Appeals of a ruling that Apple conspired with publishers to fix...

9th Circuit Denies Rehearing In Google Data Capture Suit

SAN FRANCISCO - The Ninth Circuit U.S. Court of Appeals on Dec. 27 granted in part a petition for rehearing filed by Google Inc. in a class suit over its data collection from unencrypted Wi-Fi networks while capturing Street View photos; however, the panel's amended opinion still affirmed that the...

Facebook Sued Over Scanning Of Users' Private Messages

OAKLAND, Calif. - Two Facebook Inc. users filed a putative class action against the social networking giant on Dec. 30, alleging federal and state law violations springing from Facebook's purported reading and analyzing of users' private messages for the purpose of providing targeted advertising...

Yelp Ordered To Comply With Subpoena To Identify Negative Online Reviewers

ALEXANDRIA, Va. - A trial court acted in accordance with Virginia law governing the "unmasking" of anonymous Internet speakers, the majority of a Virginia Court of Appeals panel held Jan. 7, affirming the lower court's order compelling Yelp Inc. to comply with a subpoena duces tecum by...

Judge Refuses To Disqualify Monitor Or Grant Stay In E-Books Case; Apple Appeals

NEW YORK - A federal judge in New York on Jan. 16 rejected Apple Inc.'s argument that the external compliance monitor the judge appointed after ruling that Apple conspired with publishers to fix prices of electronic books should be disqualified and denied Apple's motion requesting a stay of the...

Tennessee Magistrate Won't Block Expert Witnesses In Trademark Case

NASHVILLE, Tenn. - Competing challenges pursuant to Federal Rule of Evidence 702 and Daubert v. Merrell Dow Pharmaceuticals Inc. (509 U.S. 579 $(1993$)) to two proposed expert witnesses in a dispute over the "Invisible Fence" trademark were rejected Jan. 17 by a Tennessee federal magistrate...

Discovery Of Doe Website Operators Permitted In Rapper's Virtual Currency Case

NEW YORK - Musician Kanye West can serve immediate discovery requests to learn the identities of the operators of websites offering virtual currency that he says infringe federal trademarks in his name, a New York federal judge ruled Jan. 17, granting the rapper's ex parte application to take immediate...