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...