LAS VEGAS - A software support services firm exceeded the scope of its developer license agreement with Oracle USA Inc. by downloading multiple copies of Oracle's database software when it was only licensed to download a single copy for application purposes, a Nevada federal judge ruled Aug. 13, granting Oracle's motion for partial summary judgment on copyright infringement (Oracle USA Inc., et al. v. Rimini Street Inc., et al., No. 2:10-cv-00106, D. Nev.; 2014 U.S. Dist. LEXIS 112591).
CHICAGO - An Illinois federal judge on Aug. 14 reconsidered her earlier decision and agreed with Abbott Laboratories Inc. and AbbVie Inc. that state law claims by three third-party payers (TPPs) related to the off-label marketing of the epilepsy drug Depakote should be dismissed with prejudice (Sidney Hillman Health Center of Rochester, et al. v. Abbott Laboratories, et al., No. 13-5865, N.D. Ill., E. Div.; 2014 U.S. Dist. LEXIS 112634).
TRENTON, N.J. - Direct purchasers of ductile iron pipe fittings (DIPF) have adequately pleaded facts suggesting that sellers of DIPF engaged in a price-fixing conspiracy, a federal judge in New Jersey ruled Aug. 13 in denying the sellers' motions to dismiss (In re Ductile Iron Pipe Fittings [DIPF] Direct Purchaser Antitrust Litigation, No. 12-711, D. N.J.; 2014 U.S. Dist. LEXIS 111988).
ATLANTA - A Florida hospital is an indirect purchaser and lacks standing to recover damages on claims that Astellas US LLC is forcing health care providers to buy its adenosine drug at a 450 percent markup compared to competitors' versions of the same drug by unlawfully tying the implied license to perform its patented cardiac test to the purchase of its unpatented drug for use during that test, the 11th Circuit U.S. Court of Appeals affirmed Aug. 15 in ruling that the hospital would not be an adequate representative for a damages class (Lakeland Regional Medical Center, Inc. v. Astellas US, LLC, et al., No. 13-12709, 11th Cir.; 2014 U.S. App. LEXIS 15669).
CHICAGO - A federal judge in Illinois on Aug. 12 ruled that a surgeon whose staff and clinical privileges were revoked failed to allege antitrust injury because she maintained such privileges at other hospitals but that the surgeon could continue with her hostile work environment claims (Yelena Levitin, et al. v. Northwest Community Hospital, et al., No. 13-5553, N.D. Ill.; 2014 U.S. Dist. LEXIS 110830).
SAN JOSE, Calif. - Absent any economic injury, a California woman cannot pursue class claims under the state's unfair competition law (UCL) alleging that Google Inc. unlawfully discloses users' personal information to third-party developers of mobile applications when users purchase apps in the Google Play store using Google Wallet, a federal judge held Aug. 12 (Alice Svenson v. Google Inc. and Google Payment Corporation, No. 13-04080, N.D. Calif.; 2014 U.S. Dist. LEXIS 111810).
SAN FRANCISCO - Two California residents on Aug. 8 filed class action claims in a federal court alleging that Hyundai Motor Co. violated federal and state laws, including the unfair competition law (UCL), by intentionally concealing a hazardous stalling defect in Santa Fe vehicles and by making false and misleading statements in a recent voluntary "Service Campaign" intended to address the defect (Julia Reniger and Greg Battaglia v. Hyundai Motor America and Hyundai Motor Company, No. 14-03612, N.D. Calif.).
SAN DIEGO - Another class action lawsuit alleging that a food company violates California's unfair competition law (UCL) by misbranding sugar in its products as "evaporated cane juice" must await a final ruling by the Food and Drug Administration on the common name for sweeteners derived from sugar cane syrup after a federal judge dismissed the action on Aug. 11 based on the primary jurisdiction doctrine (Nadine Saubers, et al. v. Kashi Company, No. 13-899, S.D. Calif.; 2014 U.S. Dist. LEXIS 110954).
NEW YORK - Consolidated putative antitrust class actions related to live-game video offerings against Major League Baseball (MLB) and the National Hockey League (NHL) and their member clubs and against multichannel video programming distributors (MVPDs) Comcast and DirecTV and their affiliated regional sports networks (RSNs) that televise the games will continue, a federal judge in New York ruled Aug. 8 in denying the defendants' motions for summary judgment (Thomas Laumann, et al. v. National Hockey League, et al., No. 12-cv-1817; Marc Lerner, et al. v. Office of the Commissioner of Baseball, et al., No. 12-cv-3704, S.D. N.Y.; 2014 U.S. Dist. LEXIS 109951).
OAKLAND, Calif. - Some class action allegations against eBay Inc. and PayPal Inc. under California's unfair competition law (UCL) fail because they are based on contract terms that users agree to, but allegations based on unfair exercise of discretion by eBay and arbitrary monetary holds by PayPal state claims sufficiently enough to survive a motion to dismiss, a federal judge held Aug. 11 (Maggie Campbell v. eBay, Inc., and PayPal, Inc., No. 13-2632, N.D. Calif.; 2014 U.S. Dist. LEXIS 110806).
SAN JOSE, Calif. - Google Inc. did not fully comply with a discovery order by producing only information it believed was relevant to a particular category of data, a California federal magistrate judge ruled Aug. 8, granting in part a motion for sanctions by the lead plaintiff in a putative class action alleging fraud in the Internet giant's AdWords program (Rick Woods, et al. v. Google Inc., No. 5:11-cv-01263, N.D. Calif.).
SANTA ANA, Calif. - Two companies' cross-claims under California's unfair competition law (UCL) that a rival company used illegal noncompete agreements with its employees to unlawfully compete with its competitors are not barred by the state's law banning strategic lawsuits against public participation (anti-SLAPP statute) because the claims are based on the rival's business practices and not its litigation conduct, a state appellate panel held Aug. 8 in affirming a trial court's ruling (Pathology, Inc. v. Aviir, Inc., et al., No. G048824, Calif. App., 4th Dist., Div. 3; 2014 Cal. App. Unpub. LEXIS 5621).
BOSTON - The Massachusetts federal judge overseeing multidistrict litigation involving the antidepressant drug brands Celexa and Lexapro on Aug. 8 granted summary judgment to the manufacturer of Celexa on a California man's claims that the company violated that state's unfair competition law (UCL) by misrepresenting that the drug was safe and effective for minor children (In re: Celexa and Lexapro marketing and sales practices litigation, MDL No. 09-2067; [Scott A. Wilcox v. Forest Pharmaceuticals, Inc. and Forest Laboratories, Inc., No. 10-10154, D. Mass.; 2014 U.S. Dist. LEXIS 109667]).
OAKLAND, Calif. - The National Collegiate Athletic Association (NCAA) rules barring student athletes from receiving a share of the revenue that the NCAA and its member schools earn from the sale of licenses to use the student athletes' names, images and likenesses in video games, live game telecasts and other footage violate federal antitrust law, a federal judge in California ruled Aug. 8 (Edward O'Bannon, et al. v. National Collegiate Athletic Association, et al., No. C 09-3329, N.D. Calif.; 2014 U.S. Dist. LEXIS 110036).
SAN FRANCISCO - A company that operates a Web platform for chatting online cannot conduct early discovery to identify domain name owners accused of spamming the website in violation of California's unfair competition law (UCL) because the company did not first make a sufficient effort to identify the spammers "through reasonably available mechanisms," a federal magistrate judge ruled Aug. 7 (Skout, Inc. v. Jen Processing, Ltd., et al., No. 14-2341, N.D. Calif.; 2014 U.S. Dist. LEXIS 109332).
SAN JOSE, Calif. - A federal judge in California on Aug. 8 rejected $324.5 million partial class action settlements between employees and Apple Inc., Google Inc., Intel Corp. and Adobe Systems Inc. on the employees' claims that the high-tech companies conspired to fix and suppress employee compensation and to restrict employee mobility by entering into agreements not to compete for one another's employees in violation of federal antitrust law (In Re: High-Tech Employee Antitrust Litigation, No. 11-2509, N.D. Calif.; 2014 U.S. Dist. LEXIS 110064).
SACRAMENTO, Calif. - A California federal judge on Aug. 6 dismissed for the second time two homeowners' claims under the state's unfair competition law (UCL) that their mortgage lender's unfair business practices caused them to default on their loan after finding that the homeowners again failed to allege that they suffered any economic injury (Scott Paulhus and Lynette Paulhus v. Fay Servicing, LLC, et al., No. 14-736, E.D. Calif.; 2014 U.S. Dist. LEXIS 108635).
SAN JOSE, Calif. - A man alleging that an insurance company violated California motor vehicle laws by not changing the title to a salvaged auto so it can be inspected and driven cannot use discovery to determine if a claim under the state unfair competition law (UCL) will allow him to meet the amount-in-controversy requirement for diversity jurisdiction, a federal magistrate judge held Aug. 5 in dismissing the man's lawsuit (Manuel Quiroz, Jr. v. Praetorian Insurance Company, et al., No. 14-1652, N.D. Calif.; 2014 U.S. Dist. LEXIS 108389).
PASADENA, Calif. - Homeowners' wrongful foreclosure claims against mortgage lenders, including a claim under California's unfair competition law (UCL), alleging that the assignment of their home loan obligation to a securitized investment trust was void because it did not comply with the pooling and servicing agreement (PSA) governing the trust fail because the allegation is not plausible, the Ninth Circuit U.S. Court of Appeals held Aug. 6 (Paul Junod and Patricia Junod v. Mortgage Electronic Registration Systems, Inc., et al., No. 12-55712, 9th Cir.; 2014 U.S. App. LEXIS 15142).
SAN DIEGO - General Motors LLC (GM) on Aug. 5 removed to federal court a suit filed by Orange County, Calif., alleging that the automaker concealed defects in its vehicles to avoid recalls (The People of the State of California, et al. v. General Motors LLC, No. 8:14-cv-01238-AG [RNBx] S.D. Calif.).
LOS ANGELES - A California woman filed a class action complaint in the U.S. District Court for the Central District of California on July 28, seeking to represent owners of the more than 792,000 Jeep vehicles that are part of a recall announced by Chrysler Group LLC on July 22 to address ignition-switch defects (Latoya Lumpkin, et al. v. Chrysler Group LLC, No. 14-01555, C.D. Calif.).
SAN JOSE, Calif. - The Quaker Oats Co. will remove trans fat ingredients from dozens of oatmeal and snack bar products for at least 10 years under a settlement of class action unfair competition law (UCL) claims approved July 29 by a California federal judge (In Re Quaker Oats Labeling Litigation, No. 10-00502, N.D. Calif.).
PHILADELPHIA - The Federal Trade Commission on July 29 prevailed on a motion to preclude a pharmaceutical company from presenting evidence of "litigation uncertainty" surrounding its prescription drug patent at an upcoming reverse payments antitrust trial (Federal Trade Commission v. Cephalon Inc., No. 08-2141, E.D. Pa.).
LOS ANGELES - Reversing a lower court's ruling, a California appeals panel on July 24 found that a man's complaint against Yelp Inc. was "aimed squarely at false advertising claims" and, as such, should not have been dismissed under California's strategic lawsuit against public participation (anti-SLAPP) statute (James Demetriades v. Yelp Inc., No. B247151, Calif. App., 2nd Dist.; 2014 Cal. App. LEXIS 671).
SAN FRANCISCO - The Federal Aviation Administration Authorization Act (FAAAA) does not preempt a California unfair competition law (UCL) lawsuit filed by the state alleging that a trucking company misclassifies drivers as independent contractors in order to avoid paying payroll taxes or provide workers' compensation, the California Supreme Court held July 28 (The People ex rel. Kamala D. Harris, etc. v. Pac Anchor Transportation, Inc., et al., No. S194388, Calif. Sup.; 2014 Cal. LEXIS 5181).