LexisNexis® Legal Newsroom
Mealey's Litigation Procedure - FBI Agent's Deposition In Leaked, Collected Email Suit Partly Limited By Judge

WASHINGTON, D.C. - A District of Columbia federal judge on Nov. 4 granted in part a motion for a protective order by the U.S. government related to an upcoming deposition of a Federal Bureau of Investigation agent in a Privacy Act case related to emails that were leaked to the media, while also directing the FBI to provide responses to previously unanswered deposition questions and written discovery requests (Gilberte Jill Kelley, et al. v. Federal Bureau of Investigation, et al., No. 1:13-cv-00825, D. D.C.).

Mealey's IP/Tech - Attorneys In Copyright Suit Appeal Discovery Sanctions, Contempt To 7th Circuit

CHICAGO - Two attorneys, who represented an adult entertainment firm in a 2011 lawsuit over purported online copyright infringement, argued in an Oct. 29 appellant brief to the Seventh Circuit U.S. Court of Appeals that a lower court's assessment of discovery sanctions and contempt against them were improper and out of proportion with the harm supposedly caused by their purported misconduct (Lightspeed Media Corp., et al. v. Anthony Smith, et al., No. 15-2440, 7th Cir.).

Mealey's Litigation Procedure - Attorneys In Copyright Suit Appeal Discovery Sanctions, Contempt To 7th Circuit

CHICAGO - Two attorneys, who represented an adult entertainment firm in a 2011 lawsuit over purported online copyright infringement, argued in an Oct. 29 appellant brief to the Seventh Circuit U.S. Court of Appeals that a lower court's assessment of discovery sanctions and contempt against them were improper and out of proportion with the harm supposedly caused by their purported misconduct (Lightspeed Media Corp., et al. v. Anthony Smith, et al., No. 15-2440, 7th Cir.).

Mealey's IP/Tech - Illinois Couple Sues Pandora, XM Sirius Over Royalties For Pre-1972 Songs

NEWARK, N.J. - A couple that owns federal copyrights in a number of songs from before 1972 filed a complaint against satellite radio firm Sirius XM Radio Inc. and online streaming service Pandora Media Inc. in New Jersey federal court on Oct. 19, asserting that the companies have been airing their recordings without paying proper royalties (Arthur Sheridan, et al. v. Sirius XM Radio, Inc., et al., No. 2:15-cv-07576, D. N.J. and Arthur Sheridan, et al. v. iHeartMedia Inc., No. 2:15-cv-07574, D. N.J.).

Mealey's Litigation Procedure - U.S. Government Denies FOIA Violations Asserted By The Associated Press

WASHINGTON, D.C. - In an Oct. 2 answer filed in District of Columbia federal court, the Federal Bureau of Investigation and the U.S. Department of Justice (DOJ) deny that they violated the Freedom of Information Act (FOIA) by denying requests from The Associated Press (AP) for documents related to investigations in which the government impersonated media organizations for the purpose of tracking down suspected criminals (The Reporters Committee for Freedom of the Press, et al. v. Federal Bureau of Investigation, et al., No. 1:15-cv-01392, D. D.C.).

Mealey's IP/Tech - Michigan High Court To Consider Whether Pandora's Streaming Service Is 'Lending'

LANSING, Mich. - In a Sept. 25 order, the Michigan Supreme Court said it would consider whether to answer a question certified to it by the Ninth Circuit U.S. Court of Appeals as to whether the online music-streaming service provided by Pandora Media Inc. constitutes "renting" or "lending" under the state's Video Rental Privacy Act (VRPA) (In Re Certified Question from the U.S. Court of Appeals for the Ninth Circuit, Peter Deacon v. Pandora Media Inc., No. 151104, Mich. Sup.).

Mealey's Litigation Procedure - Facebook Seeks Dismissal Of Lead Plaintiffs In Privacy Class Action

SAN JOSE, Calif. - Social media giant Facebook Inc. told a California federal court in a Sept. 18 motion that the named plaintiffs in a five-year-old putative class action do not have standing to bring their privacy claims under Article III of the U.S. Constitution because they have not established any third-party access of their personal information or any injury in fact, thus meriting dismissal of the case (In Re: Facebook Privacy Litigation, No. 5:10-cv-02389, N.D. Calif.).

Mealey's IP/Tech - Federal Circuit Partly Affirms, Partly Reverses Noninfringement Holding

WASHINGTON, D.C. - A New York federal judge's determination on summary judgment that two categories of accused products did not infringe three patents was reversed, in part, by the Federal Circuit U.S. Court of Appeals on Sept. 16 (TNS Media Research LLC d/b/a Kantar Media Audiences, et al. v. TiVO Research and Analytics Inc., d/b/a TRA Inc., No. 14-1668, Fed. Cir.).

Mealey's IP/Tech - Federal Circuit Vacates Attorney Fee Award In Patent Case

WASHINGTON, D.C. - The same day it vacated findings that three patents were not infringed, the Federal Circuit U.S. Court of Appeals on Sept. 16 in a contemporaneous ruling vacated as "premature" a New York federal judge's award of attorney fees in the case (TNS Media Research LLC d/b/a Kantar Media Audiences, et al. v. TiVO Research and Analytics Inc., d/b/a TRA Inc., No. 15-1252, Fed. Cir.).

Mealey's Litigation Procedure - Judge Denies Cosby's Discovery Motion Over Release Of Sealed Deposition

PHILADELPHIA - A Pennsylvania federal judge on Sept. 4 denied a motion by comedian William H. "Bill" Cosby Jr. to take discovery to determine if the counsel and plaintiff from a prior sexual assault case violated a court order by releasing a confidential transcript from that case to the media (Tamara Green, et al. v. William H. Cosby Jr., No. 2:15-cv-00144, E.D. Pa.; 2015 U.S. Dist. LEXIS 118216).

Mealey's IP/Tech - Federal Circuit Affirms: Patent Is Invalid As Indefinite

WASHINGTON, D.C. - A Virginia federal judge properly deemed "compliance mechanism" a means-plus-function term that lacks sufficient structure as it is used in a patent covering a method for preventing unauthorized recordings, the Federal Circuit U.S. Court of Appeals ruled Sept. 4 (Media Rights Technologies Inc. v. Capital One Financial Corporation, et al., No. 14-1218, Fed. Cir.; 2015 U.S. App. LEXIS 15767).

Mealey's IP/Tech - Judge Finds 2 Features Of Media-Monitoring Service Infringing, Not Fair Use

NEW YORK - A New York federal judge on Aug. 25 found that two disputed functions of a Web-based media-monitoring service did not constitute fair use and, therefore, posed copyright infringement risks to media outlets, granting in part a motion for summary judgment by Fox News Network LLC (Fox News Network LLC v. TVEyes Inc., No. 1:13-cv-05315, S.D. N.Y.; 2015 U.S. Dist. LEXIS 112836).

Mealey's Litigation Procedure - Class Actions Filed Over Breach Of 'Ashley Madison' Affair-Based Dating Website

The operator of the adult dating website AshleyMadison.com was hit with two putative class actions on Aug. 21 as John Doe users of the site filed complaints in California and Texas federal court, respectively, alleging negligence, Stored Communications Act (SCA) violations and other claims related to a recent theft of customer data from the site, which was later released publicly on the Internet (John Doe v. Avid Life Media Inc., et al., No. 2:15-cv-0405, C.D. Calif.; and John Doe v. Avid Life Media Inc., No. 3:15-cv-02750, N.D. Texas).

Mealey's IP/Tech - Delaware Federal Judge Sides With Amazon, Says Patents Are Ineligible

WILMINGTON, Del. - Allegations that Amazon.com Inc. and Amazon Web Services LLC (Amazon, collectively) infringed seven electronic media signal processing patents were rejected by U.S. Judge Richard G. Andrews of the District of Delaware on Aug. 10 (Personalized Media Communications LLC v. Amazon.com Inc., et al., No. 13-1608, D. Del.).

Mealey's IP/Tech - Judge Finds Internet Rebroadcaster May Be Entitled To Compulsory License

LOS ANGELES - A company that rebroadcasts copyrighted programs over the Internet may be entitled to a compulsory license under Section 111 of the Copyright Act, a California federal judge ruled July 24, distinguishing the case from a recent related U.S. Supreme Court ruling and disagreeing with a Second Circuit U.S. Court of Appeals ruling on the topic (Fox Television Stations Inc., et al. v. FilmOn X LLC, et al., No. 2:12-cv-06921, and NBCUniversal Media LLC, et al. v. FilmOn X LLC, et al., No. 2:12-cv-06950, C.D. Calif.).

Mealey's IP/Tech - Alleged Downloader Ordered To Produce Hard Drives In Copyright Suit

COLUMBUS, Ohio - Finding it clear that the computer hard drives of a man accused of illegal online file sharing are relevant to the copyright infringement claim against him, an Ohio federal judge on July 14 ordered production of the drives for examination under a protective order shielding any portions of the drives designated as confidential by the defendant (Malibu Media LLC v. David Ricupero, No. 2:14-cv-00821, S.D. Ohio; 2015 U.S. Dist. LEXIS 91263).

Mealey's Litigation Procedure - Alleged Downloader Ordered To Produce Hard Drives In Copyright Suit

COLUMBUS, Ohio - Finding it clear that the computer hard drives of a man accused of illegal online file sharing are relevant to the copyright infringement claim against him, an Ohio federal judge on July 14 ordered production of the drives for examination under a protective order shielding any portions of the drives designated as confidential by the defendant (Malibu Media LLC v. David Ricupero, No. 2:14-cv-00821, S.D. Ohio; 2015 U.S. Dist. LEXIS 91263).

Mealey's IP/Tech - Massachusetts Federal Judge Denies Relief In Copyright Dispute

BOSTON - Although a copyright infringement plaintiff appears to own valid copyrights for its website, a Massachusetts federal judge on July 13 found that he is unable to conclude that the plaintiff is likely to succeed on the merits of its claims (IvyMedia Corporation v. iLIKEBUS Inc. et al., No. 15-11918, D. Mass.; 2015 U.S. Dist. LEXIS 91342).

Mealey's IP/Tech - Websites Win Summary Judgment On Florida Copyright Claims

FORT LAUDERDALE, Fla. - Allegations that the operators of several gossip websites infringed upon the copyrights of a photo supplier were resolved in favor of the defendants July 6 by a Florida federal judge (BWP Media USA Inc. v. South Florida Chronicle Inc. and Print Killer Media Network LLC, No. 13-61976, S.D. Fla.; 2015 U.S. Dist. LEXIS 87197).

Mealey's IP/Tech - Judge: Discovery Of Subscriber Information Does Not Violate Federal Privacy Law

BALTIMORE - A subpoena served on the Internet service provider (ISP) of a Doe defendant in a file-sharing suit does not violate the Electronic Communications Privacy Act (ECPA), a Maryland federal judge ruled June 30, finding that the act specifically allows disclosure of subscriber identification information for the purpose of serving process on an alleged infringer in a copyright infringement lawsuit (Malibu Media LLC v. John Doe subscriber assigned to IP Address 72.81.222.57, No. 1:15-cv-01048, D. Md.; 2015 U.S. Dist. LEXIS 85355).

Mealey's Litigation Procedure - Judge: Discovery Of Subscriber Information Does Not Violate Federal Privacy Law

BALTIMORE - A subpoena served on the Internet service provider (ISP) of a Doe defendant in a file-sharing suit does not violate the Electronic Communications Privacy Act (ECPA), a Maryland federal judge ruled June 30, finding that the act specifically allows disclosure of subscriber identification information for the purpose of serving process on an alleged infringer in a copyright infringement lawsuit (Malibu Media LLC v. John Doe subscriber assigned to IP Address 72.81.222.57, No. 1:15-cv-01048, D. Md.; 2015 U.S. Dist. LEXIS 85355).

Mealey's Litigation Procedure - Plaintiff Granted Default Judgment For Spoliation In File-Sharing Suit

INDIANAPOLIS - Adopting a magistrate's report and recommendation, an Indiana federal judge on June 11 entered default against two defendants in a file-sharing case, finding that their spoliation of evidence prevented the copyright holder from pursuing its infringement claims against them (Malibu Media LLC v. Kelley Tashiro, et al., No. 1:13-cv-00205, S.D. Ind.; 2015 U.S. Dist. LEXIS 75588).

Mealey's IP/Tech - Plaintiff Granted Default Judgment For Spoliation In File-Sharing Suit

INDIANAPOLIS - Adopting a magistrate's report and recommendation, an Indiana federal judge on June 11 entered default against two defendants in a file-sharing case, finding that their spoliation of evidence prevented the copyright holder from pursuing its infringement claims against them (Malibu Media LLC v. Kelley Tashiro, et al., No. 1:13-cv-00205, S.D. Ind.; 2015 U.S. Dist. LEXIS 75588).

Mealey's Litigation Procedure - Judge Leaves Summary Judgment, Sanctions To Jury In BitTorrent File-Sharing Case

INDIANAPOLIS - Finding that a genuine issue of material fact exists as to whether an accused file-sharer illegally copied six movies, an Indiana federal judge on June 8 denied the copyright holder's motion for summary judgment (Malibu Media LLC v. Michael Harrison, No. 1:12-cv-01117, S.D. Ind.; 2015 U.S. Dist. LEXIS 73447).

Mealey's Litigation Procedure - State Department Requests Dismissal Of FOIA Suit Over Clinton Emails

WASHINGTON, D.C. - A news and entertainment media operator failed to state a claim upon which relief can be granted, the U.S. Department of State said June 8 in its answer to a complaint by Gawker Media LLC in District of Columbia federal court seeking to compel communications related to Hillary Clinton's use of a personal email account during her tenure as secretary of State under the Freedom of Information Act (FOIA) (Gawker Media LLC, et al. v. Department of State, No. 1:15-cv-00363, D. D.C.).