ninth circuit

ninth circuit

As Aereo Fights A Clone, Fox Threatens To Go To Cable If Courts Continue To Rule In Aereo's Favor

Workers did not exceed authorization when data stolen, says appeals court

www.computerworld.com
In a somewhat startling decision, the U.S. Court of Appeals for the Ninth Circuit last week ruled that several employees at an executive recruitment firm did not exceed their authorized access to their company's database when they logged into the system and stole confidential data from it....
Workers did not exceed authorization when data stolen, says appeals court

Is Internet Killing the Video Star?

allthingsd.com
iPad image copyright SkylinesMy career in digital media started at a pivotal moment. The year was 2001, and the U.S. Court of Appeals for the Ninth Circuit had just upheld an order for Napster to begin identifying and removing copyrighted songs from its music file sharing service. I was hired...
Is Internet Killing the Video Star?

Freedom of Speech vs. Workplace Harassment Law — A Big Free Speech Win in the Ninth Circuit

volokh.com
Freedom of Speech vs. Workplace Harassment Law — A Big Free Speech Win in the Ninth Circuit

No, Telling Customers Why Your Product Is Better Than A Competitor's Is Not Trademark Infringement

www.techdirt.com
Every time I read an opinion like this ruling in AR Pillow Inc. v. Cottrell, a little piece of me dies. This is a ridiculously easy case, yet somehow it got all tangled up. The litigants are rival vendors of similar products to combat baby acid reflux. For a slightly...
No, Telling Customers Why Your Product Is Better Than A Competitor's Is Not Trademark Infringement

Huawei and ZTE mention Microsoft 42 times in joint 15-page FRAND motion in InterDigital case

www.fosspatents.com
Just like the "no injunction over FRAND-pledged patents"> part of Judge Richard Posner's Apple v. Motorola ruling is highly influential, Judge James Robart of the United States District Court for the Western District of Washington -- with support from the United States Court of Appeals for the Ninth Circuit --...
Huawei and ZTE mention Microsoft 42 times in joint 15-page FRAND motion in InterDigital case

Judge 'skeptical' of FRAND position Google's Motorola will present at Microsoft trial

www.fosspatents.com
Against Microsoft's objections, wholly-owned Google subsidiary Motorola Mobility will be allowed to defend its well-known 2.25% royalty demand at a FRAND rate-setting trial in the Western District of Washington starting November 13, but the federal judge presiding over this litigation, Judge James L. Robart, has already declared himself "skeptical of Motorola's...
Judge 'skeptical' of FRAND position Google's Motorola will present at Microsoft trial

Bad Day For Prenda Continues: Judge Rejects Stay, Adds $1k Per Day For Each Day They Don't Pay Up

www.techdirt.com
Prenda's not having a very good day (or month, for that matter). We noted yesterday that Paul Hansmeier had asked the appeals court to put a stay on the attorney's fees awarded by Judge Otis Wright in California. The court rejected the request, partly on procedural grounds, noting that you...
Bad Day For Prenda Continues: Judge Rejects Stay, Adds $1k Per Day For Each Day They Don't Pay Up

IsoHunt Will Take DMCA Safe Harbor Fight to the Supreme Court

torrentfreak.com
In 2010, a district court ordered isoHunt to implement a filter to exclude movie and TV show-related terms from its search engine. Despite running the filter for some time the Canada-based torrent search engine hoped to have the decision overruled on appeal, but in March this year that aim suffered...
IsoHunt Will Take DMCA Safe Harbor Fight to the Supreme Court

Microsoft says 'Motorola's efforts to evade its [F]RAND commitments are collapsing'

www.fosspatents.com
In a recent blog post outlining "A Solid Foundation for Patent Peace", Microsoft stressed its readiness to engage in good-faith discussions with Google but also noted that "[t]his particular litigation now stands at a crossroads". There are indeed some unmistakable signs of a crossroads. Apart from Microsoft winning a second...
Microsoft says 'Motorola's efforts to evade its [F]RAND commitments are collapsing'

Updated lists of Android patent infringement findings and successful countersuits

www.fosspatents.com
I have received a fair amount of positive feedback to my lists of Android patent infringement findings as well as infringement findings in countersuits brought by Android device makers. Knowing that those two lists are being used as reference material by professionals in the financial services industry as well as...
Updated lists of Android patent infringement findings and successful countersuits
Google Says Supreme Court Law Rubbishes Android Verdict

Court to hold hearing on July 5 to discuss if Apple's 'antisuit lawsuit' against Motorola can proceed

www.fosspatents.com
In February, Apple brought an "antisuit lawsuit" -- a lawsuit aiming to preclude another party from bringing and pursuing litigation -- against Motorola with respect to patent assertions targeting the iPhone 4S, arguing that Apple, as a third-party beneficiary to a license agreement between Qualcomm and Motorola, is shielded against such...
Court to hold hearing on July 5 to discuss if Apple's 'antisuit lawsuit' against Motorola can proceed

Google wrongly suggests that compatibility is a basis for denying copyrightability

www.fosspatents.com
The Oracle v. Google jury is struggling with technical terminology and may, once again, be hung and potentially deliver another partial verdict. In this recent post, I discussed the patent liability issues the jury is dealing with.In parallel to the jury's patent-related deliberations, Judge Alsup is working on his decision...
Google wrongly suggests that compatibility is a basis for denying copyrightability

Judge is tired of Apple-Samsung blame game, orders lawyers to meet in person this Sunday

www.fosspatents.com
Judge Lucy Koh, the federal judge presiding over the Apple v. Samsung trial in California, just entered the following order:"The Court is disappointed by the parties' respective reports regarding their meet and confer efforts on final jury instructions. Lead trial counsel shall meet and confer in person today and file...
Judge is tired of Apple-Samsung blame game, orders lawyers to meet in person this Sunday

Google's Motorola asks Ninth Circuit for rehearing after losing appeal of Microsoft injunction

www.fosspatents.com
Two weeks ago, the United States Court of Appeals for the Ninth Circuit threw out an appeal by Motorola Mobility against a preliminary injunction barring the wholly-owned Google subsidiary from enforcement of a couple of German injunctions over H.264 declared-essential patents. The Mannheim Regional court had granted a matrix of...
Google's Motorola asks Ninth Circuit for rehearing after losing appeal of Microsoft injunction

Google's Motorola loses a summary judgment decision after Microsoft FRAND trial

www.fosspatents.com
The United States District Court for the Western District of Washington held a Microsoft v. Motorola Mobility FRAND rate-setting trial on November 13-21. On Thursday, Judge James L. Robart granted a summary judgment motion by Microsoft that had been pending for almost a year. The decision entered the public electronic...
Google's Motorola loses a summary judgment decision after Microsoft FRAND trial

Motorola appeals Microsoft's temporary restraining order to the Ninth Circuit

www.fosspatents.com
In a filing made yesterday in the Western District of Washington, Motorola gave notice of its appeal to the United States Court of Appeals for the Ninth Circuit against the temporary restraining order that prohibits, for the time being, the enforcement of the German patent injunction Motorola won in Mannheim...
Motorola appeals Microsoft's temporary restraining order to the Ninth Circuit

Google's appeal of patent injunction versus Microsoft denied

www.electronista.com
Judges from the Ninth Circuit in the Western District of Washington have shot down Google's request for a rehearing of the decision that bars Motorola from enforcing a German patent injunction against Microsoft. Google had asked for either a rehearing by the same panel of three judges that ruled in...
Google's appeal of patent injunction versus Microsoft denied

Psyonara Psystar

allthingsd.com
Psystar’s ill-advised campaign against Apple has ended in an utter rout. The U.S. Supreme Court on Monday declined to review the Ninth Circuit’s rejection of the Mac clone maker’s claims that Apple violated antitrust law by refusing to license Mac OS X to third-party hardware manufacturers. In doing so,...
Psyonara Psystar
Appeals court rejects record label's effort to neuter DMCA safe harbor

Appeals court denies Google's request for rehearing of appeal of Microsoft injunction

www.fosspatents.com
Last month I reported on wholly-owned Google subsidiary Motorola Mobility's petition for a rehearing of the Ninth Circuit's affirmation of Judge Robart's anti-enforcement injunction that bars Motorola from enforcing a German patent injunction while some dispositive FRAND contract issues are being worked out in the Western District of Washington. I...
Appeals court denies Google's request for rehearing of appeal of Microsoft injunction

Appeals court dismisses warrantless wiretapping suit

arstechnica.com
On Tuesday, the United States Court of Appeals for the Ninth Circuit, in San Francisco, tossed one of the few remaining lawsuits fighting the Bush Administration's warrantless wiretapping program. The court unanimously ruled (PDF) in Al Haramain Islamic Foundation v. Obama that the (now-defunct) Muslim charity could not bring a lawsuit against the government itself,...
Appeals court dismisses warrantless wiretapping suit

Winning But Losing: Lessons From An Internet StartUp

www.techdirt.com
"Justice prevails" is often declared when a court case ends, honoring a system that produces the right result. Right, however, is not always just. The judicial system needs to address the exorbitant costs that accompany litigation, or a situation can happen when a company is sued by a deeper pocket...
Winning But Losing: Lessons From An Internet StartUp

isoHunt Loses Appeal Against the MPAA, Keyword Filter Remains

torrentfreak.com
Almost three years ago the U.S. District Court of California ordered BitTorrent search engine isoHunt to start filtering its search results. The injunction was the result of isoHunt’s protracted court battle with the MPAA that started back in 2006. The Court ordered the owner of isoHunt to start censoring the...
isoHunt Loses Appeal Against the MPAA, Keyword Filter Remains

"Viral nature of the Internet" means only family can release autopsy photos

arstechnica.com
In 1983, two-year-old Phillip Buell died of head injuries, which his mother's boyfriend at the time, Kenneth Marsh, testified came from the boy falling off the couch and hitting the fireplace hearth. Kenneth was convicted of second-degree murder and later acquitted, but the story still captured the public interest, especially...
"Viral nature of the Internet" means only family can release autopsy photos

Microsoft and Google's Motorola Mobility attack each other's FRAND royalty expert reports

www.fosspatents.com
Two months prior to a FRAND contract trial in Seattle, Microsoft and Google subsidiary Motorola Mobility are having a Daubert fight, i.e., motions to exclude each other's expert testimony. The court's plan is to set the terms for a FRAND license that would cover Microsoft's worldwide use of Motorola Mobility's...
Microsoft and Google's Motorola Mobility attack each other's FRAND royalty expert reports

Microsoft wants to tell jury in patent contract case about Google's refusal to release $100M bond

www.fosspatents.com
A week ago Microsoft formally requested the release of a $100 million bond it had posted about a year ago in connection with an anti-enforcement injunction against a patent injunction obtained by Motorola Mobility in Germany. Microsoft argues that the bond is no longer necessary because the United States District Court...
Microsoft wants to tell jury in patent contract case about Google's refusal to release $100M bond

IsoHunt Wants Jury to Rule on Free Speech Issues in MPAA Case

torrentfreak.com
For more than seven years isoHunt and the MPAA have been battling in court, and it’s not over yet. In 2010 the District Court ordered the owner of isoHunt to start censoring the site’s search engine based on a list of thousands of keywords provided by the MPAA, or cease...
IsoHunt Wants Jury to Rule on Free Speech Issues in MPAA Case

Google's Motorola shows pirated Katy Perry video to prove value of its H.264 patents

www.fosspatents.com
In the build-up to next month's FRAND contract trial in Seattle, Microsoft and wholly-owned Google subsidiary Motorola Mobility have brought motions in limine (motions to exclude testimony), which have significant overlaps with the parties' pending Daubert motions (on which I commented last month), as well as their proposed findings of...
Google's Motorola shows pirated Katy Perry video to prove value of its H.264 patents
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