LexisNexis® Legal Newsroom
Virtual Currency Firm's Antitrust Claims Against Facebook Survive Dismissal

WILMINGTON, Del. - A Delaware federal judge on Sept. 27 held that a provider of virtual currency for social network games had sufficiently pleaded its claims of monopolization, tying and tortious interference against Facebook Inc., denying the social network's motion to dismiss (Kickflip Inc. v....

Unfair Competition Class Action Against Skype Reinstated By Appeals Court

LOS ANGELES - A California appeals panel on Oct. 4 found that a woman's putative class claims alleging unfair competition, false advertising and related claims against Skype Inc., over its claims of "unlimited" calling plans, were adequately alleged, reversing and remanding a lower court's...

Publishers, Apple Will Appeal E-Books Price-Fixing Order

NEW YORK - Publishers Simon & Schuster Inc. and Holtzbrinck Publishers LLC d/b/a Macmillan on Oct. 4 filed notices of appeal, joining Apple Inc., in appealing to the Second Circuit U.S. Court of Appeals a final order requiring Apple to modify its existing agreements with five publishers and submit...

Kodak: Ricoh Patent Claims Should Be Disallowed On The Merits

NEW YORK - Bankrupt Eastman Kodak Co. on Oct. 10 filed a brief in the U.S. Bankruptcy Court for the Southern District of New York contending that the patent claims of Ricoh Co. Ltd. and one of its affiliates should be dismissed on the merits (In Re: Eastman Kodak Company, No. 12-10202, Chapter 11, S...

New Trial Sought After $113M Verdict In Attempted Monopolization Case

MARSHALL, Texas - Becton, Dickinson & Co. (BD) on Oct. 11 moved for judgment as a matter of law or, alternatively, a new trial following a federal jury in Texas' $133,508,014 damage award in favor of Retractable Technologies Inc.(RTI) on its claim of attempted monopolization of the market for...

Software Maker Fails To Allege Agreement; Antitrust Claims Fail, 2nd Circuit Holds

NEW YORK - A software company failed to allege facts demonstrating that insurers' requiring the use of a rival estimating software was anything more than parallel conduct, the Second Circuit U.S. Court of Appeals ruled Oct. 18 in an unpublished order affirming the dismissal of antitrust and trademark...

Novell Seeks Rehearing En Banc In Monopolization Suit Against Microsoft

DENVER - Novell Inc. on Oct. 22 filed a petition for rehearing en banc of a 10th Circuit U.S. Court of Appeals ruling that Novell failed to present evidence sufficient for a jury to find that Microsoft Corp. unlawfully used its dominant position in the personal computing operating-systems market to monopolize...

Credit Card Suit Against Nordstrom Can Continue, Federal Judge Rules

SACRAMENTO, Calif. - A federal judge in California on Oct. 22 refused to dismiss a putative class action alleging that Nordstrom Inc. violated the Song-Beverly Credit Card Act of 1974 by requesting customers' email addresses to send unsolicited marketing materials, predicting that the California...

Rehearing En Banc Denied In Novell's Monopolization Suit Against Microsoft

DENVER - The 10th Circuit U.S. Court of Appeals on Nov. 1 denied Novell Inc.'s petition for rehearing en banc of a panel ruling that Novell failed to present evidence sufficient for a jury to find that Microsoft Corp. unlawfully used its dominant position in the personal computing operating-systems...

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...

Parts Firm's Keyword Ads Trademark Claims Dismissed Against Google, Not Yahoo

SAN DIEGO - In a pair of Dec. 4 rulings, a California federal judge dismissed all of an Internet-based automotive parts retailer's trademark infringement claims against search engine provider Google Inc. as barred by laches and precluded by the Communications Decency Act (CDA) while permitting a...

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...