LexisNexis® Legal Newsroom
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.).

Mealey's IP/Tech - 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 IP/Tech - 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.).

Mealey's Litigation Procedure - IHeartMedia Sued For Allegedly Sending Unauthorized Texts

NEW YORK - A New York woman on June 3 filed a class complaint against iHeartMedia Inc. in New York federal court for allegedly sending unauthorized text messages to cellular phones of people around the country (Beth Shvarts, et al. v. iHeartMedia, Inc., No. 15-3231, E.D. N.Y.).

Mealey's IP/Tech - Nevada Federal Judge Won't Issue Indicative Ruling in Trademark Case

LAS VEGAS - A request for an indicative ruling that would reconsider his earlier dismissal, on jurisdiction grounds, of a dispute over the "MacPoker" trademark was denied June 1 by a Nevada federal judge (Best Odds Corp. v. iBus Media et al., No. 13-2008, D. Nev.; 2015 U.S. Dist. LEXIS 70509).

Mealey's Litigation Procedure - Indiana Magistrate Says Default Sanction In Copyright Case Warranted

INDIANAPOLIS - Although noting that entry of a default judgment in response to discovery abuses is an "extreme" and "draconian" measure, an Indiana federal magistrate judge on May 18 nonetheless found that conduct by two copyright infringement defendants "warrants the harshest of sanctions" (Malibu Media LLC v. Kelley Tashiro and N. Charles Tashiro, No. 13-205, S.D. Ill.; 2015 U.S. Dist. LEXIS 64281).

Mealey's IP/Tech - Indiana Magistrate Says Default Sanction In Copyright Case Warranted

INDIANAPOLIS - Although noting that entry of a default judgment in response to discovery abuses is an "extreme" and "draconian" measure, an Indiana federal magistrate judge on May 18 nonetheless found that conduct by two copyright infringement defendants "warrants the harshest of sanctions" (Malibu Media LLC v. Kelley Tashiro and N. Charles Tashiro, No. 13-205, S.D. Ill.; 2015 U.S. Dist. LEXIS 64281).

Mealey's IP/Tech - Ohio Federal Judge Grants Motion To Strike In Copyright Case

COLUMBUS, Ohio - Several affirmative defenses raised in response to allegations of copyright infringement were stricken May 12 by an Ohio federal judge (Malibu Media LLC v. Niraj Patel, No. 14-559, S.D. Ohio; 2015 U.S. Dist. LEXIS 62139).

Mealey's IP/Tech - Adult Film Company Denied Unrestricted Access To Defendants' Computer Drives

TAMPA, Fla. - A Florida federal magistrate judge on March 26 granted a motion by an online file-sharing defendant and his parents for a protective order against "a broadly worded subpoena duces tecum" served on them by a copyright infringement plaintiff, stating that 11th Circuit U.S. Court of Appeals case law and Federal Rule of Civil Procedure 34 do not permit the unrestricted computer hard drive access sought in the subpoena (Malibu Media LLC v. Roberto Roldan, No. 8:13-cv-03007, M.D. Fla.).

Mealey's Litigation Procedure - Judge: Lead Plaintiff Properly Pleaded Elements Of Securities Law Claim

OAKLAND, Calif. - Dismissal of a securities class action lawsuit is not proper because the lead plaintiff has properly pleaded each of all elements of his federal securities law claims against an online social media game developer and certain of its officers and directors, a federal judge in California ruled March 25 (In re Zynga Inc. Securities Litigation, No. 12-4007, N.D. Calif.).

Mealey's Litigation Procedure - Adult Film Company Denied Unrestricted Access To Defendants' Computer Drives

TAMPA, Fla. - A Florida federal magistrate judge on March 26 granted a motion by an online file-sharing defendant and his parents for a protective order against "a broadly worded subpoena duces tecum" served on them by a copyright infringement plaintiff, stating that 11th Circuit U.S. Court of Appeals case law and Federal Rule of Civil Procedure 34 do not permit the unrestricted computer hard drive access sought in the subpoena (Malibu Media LLC v. Roberto Roldan, No. 8:13-cv-03007, M.D. Fla.).

Mealey's IP/Tech - 11th Circuit Affirms Denial Of Fee Award In Copyright Case

ATLANTA - A Florida federal judge properly adopted a magistrate judge's recommendation that a copyright infringement defendant be denied prevailing-party attorney fees under the Copyright Act, the 11th Circuit U.S. Court of Appeals affirmed March 26 (Malibu Media LLC v. Leo Pelizzo, No. 14-11795, 11th Cir.; 2015 U.S. App. LEXIS 4898).

Mealey's Securities/D&O Liability - Judge: Lead Plaintiff Properly Pleaded Elements Of Securities Law Claim

OAKLAND, Calif. - Dismissal of a securities class action lawsuit is not proper because the lead plaintiff has properly pleaded each of all elements of his federal securities law claims against an online social media game developer and certain of its officers and directors, a federal judge in California ruled March 25 (In re Zynga Inc. Securities Litigation, No. 12-4007, N.D. Calif.).

Mealey's IP/Tech - Federal Circuit Partly Affirms, Partly Reverses In Apple Patent Case

WASHINGTON, D.C. - Findings by a Delaware federal judge that various claims of four patents are valid and infringed by Apple Inc. were only partly correct, the Federal Circuit U.S. Court of Appeals ruled March 17 (MobileMedia Ideas LLC v. Apple Inc., Nos. 14-1060, -1091, Fed. Cir.).

Mealey's Litigation Procedure - Media Site Operator Files FOIA Complaint On State Department Over Clinton Emails

WASHINGTON, D.C. - In light of the recent revelation that former Secretary of State Hilary Clinton used her personal email account to conduct official government business, Gawker Media LLC on March 13 sued the U.S. Department of State under the Freedom of Information Act (FOIA) in the U.S. District Court for the District of Columbia, seeking an order compelling disclosure of requested communications between a Clinton staffer and certain media outlets (Gawker Media LLC, et al. v. Department of State, No. 1:15-cv-00363, D. D.C.).

Mealey's IP/Tech - Media Site Operator Files FOIA Complaint On State Department Over Clinton Emails

WASHINGTON, D.C. - In light of the recent revelation that former Secretary of State Hilary Clinton used her personal email account to conduct official government business, Gawker Media LLC on March 13 sued the U.S. Department of State under the Freedom of Information Act (FOIA) in the U.S. District Court for the District of Columbia, seeking an order compelling disclosure of requested communications between a Clinton staffer and certain media outlets (Gawker Media LLC, et al. v. Department of State, No. 1:15-cv-00363, D. D.C.).

Mealey's Litigation Procedure - 9th Circuit Certifies Question To Michigan High Court In Pandora Privacy Suit

SAN FRANCISCO - Noting a lack of Michigan case law defining key terms in the state's Video Rental Privacy Act (VRPA), a Ninth Circuit U.S. Court of Appeals panel on Feb. 24 certified a question to the Michigan Supreme Court, seeking the terms' definitions prior to deciding whether music-streaming service provider Pandora Media Inc. can be classified a lender of sound recordings in a privacy lawsuit against it (Peter Deacon v. Pandora Media Inc., No. 12-17734, 9th Cir.).

Mealey's Litigation Procedure - Judgment Delayed In File-Sharing Case To Permit Discovery

TAMPA, Fla. - A Florida federal judge on Feb. 10 declined to rule on a summary judgment motion in a copyright infringement file-sharing case, finding that the plaintiff had not had adequate time to conduct relevant discovery prior to the motion's filing (Malibu Media LLC v. Roberto Roldan, No. 8:13-cv-03007, M.D. Fla.; 2015 U.S. Dist. LEXIS 15944).