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RI judge hears arguments in music downloading case
Intellectual Property | 2009/01/07 09:17
A Rhode Island couple whose son is accused of illegally sharing songs online should not be forced to surrender their home computer for inspection because it would violate their right to privacy, their lawyer argued at a federal court hearing Tuesday.

Joel Tenenbaum, a 25-year-old Boston University graduate student, is accused by the Recording Industry Association of America of downloading at least seven songs and making 816 music files available for distribution on the Kazaa file-sharing network through 2004.

The recording industry's lawsuit against him is part of an aggressive campaign targeting people who share music online. The industry says it has lost more than $3 billion because of peer-to-peer networks that enable Internet users to share large numbers of songs online.

Record company lawyers believe Tenenbaum downloaded the songs on his parents' computer in Providence and urged a federal magistrate on Tuesday for permission to copy the machine's hard drive for proof of copyright infringement.

"The information on the computer is directly relevant and material to the underlying claims in this case," said attorney Daniel Cloherty.

But Charles Nesson, a Harvard Law School professor representing Arthur and Judie Tenenbaum and their son, said the computer contains information protected by attorney-client privilege and holds other sensitive and personal material that has nothing to do with the case.

"You can hardly imagine anything more intrusive than asking anyone to disgorge a computer," said Nesson, who is also challenging in U.S. District Court in Boston the constitutionality of a federal copyright law that the music industry has used to target song-swappers.

Nesson also argued that the computer was not the one on which the alleged downloading took place. Judie Tenenbaum has said in an affidavit that the couple bought the computer after their son had left home, and that he had used it only occasionally to check his e-mail during visits.



Court overturns $49M patent infringement award
Intellectual Property | 2008/09/08 10:48

A $49 million infringement ruling in favor of 800 Adept against Targus Information Corp. was overturned Aug. 29 by the U.S. Court of Appeals due to faulty claim construction and other trial-court errors.

In 2006, Vienna, Va.-based Targus lost an infringement case filed by Orlando-based 800 Adept for technology used to route calls to 800-numbers that the Orlando company says was patented technology.

The initial verdict included the $49 million award in damages against Targus, in addition to nearly $6 million in attorney fees.

"We always believed that there was never any basis for this lawsuit and that the jury verdict was totally misguided. We refused to settle and had the courage of our convictions to see it through to the appeals court," said George G. Moore, CEO of Targus Information Corp., in a prepared statement.

Orlando law firms Allen, Dyer, Doppelt, Milbrath & Gilchrist and Maher Law Firm co-represented 800 Adept.



Court says copyrights apply even for free software
Intellectual Property | 2008/08/15 08:29
In a crucial win for the free software movement, a federal appeals court has ruled that even software developers who give away the programming code for their works can sue for copyright infringement if someone misappropriates that material.

The decision by the U.S. Court of Appeals for the Federal Circuit in Washington, D.C., helps clarify a murky area of the law concerning how much control programmers can exert over their intellectual property once it's been released for free into the so-called "open source" software community.

People are free to use that material in their own products, but they must credit the original authors of the programming code and release their modifications into the wild as well, a cycle that's critical for free software to continue improving.

Because the code was given away for free, thorny questions emerge when a violation has been discovered and someone is found to have shoved the code into their own for-profit products without giving anything back, in the form of attribution and disclosure of the alterations they made.

In the latest case, which involved a computer application that model-train enthusiasts use to program the chips that control their trains, the U.S. District Court in San Francisco ruled that the plaintiff could sue for breach of contract but not copyright infringement.

The distinction is important because it's easier to recover monetary damages in a copyright-infringement case.

Robert Jacobsen, who manages an open source software group that created an application he claims was infringed, sought an injunction against KAM Industries, which makes a competing product. The lower court denied Jacobsen's motion. The appeals court vacated that ruling Wednesday and returned the case to the district court.

"Traditionally, copyright owners sold their copyrighted material in exchange for money," the court said. "The lack of money changing hands in open source licensing should not be presumed to mean that there is no economic consideration, however."



Tivo Patent Claims Found Valid and Shares Rise
Intellectual Property | 2007/11/30 09:58
Shares of TiVo Inc. advanced nearly 25% after the U.S. patent office upheld a key piece of intellectual property for the maker of digital video recorders, seen as a minor victory in its legal battle with EchoStar Communications Corp.

TiVo shares ended the day up $1.48, or 24.7%, at $7.46. EchoStar shares were off 14 cents at $42.70.

EchoStar, meanwhile, said in a statement that the decision by the patent office doesn't affect a pending patent-infringement case TiVo filed against it. One analyst cautioned that a legal victory isn't guaranteed, and that the company still faces challenges.

"We think the news is likely to shift further momentum in TiVo's favor, as appeals phase winds down," said Standard & Poor's analyst Tuna Amobi. "Still, final outcome of the suit does not seem certain to us."

TiVo, in a statement, said the U.S. Patent and Trademark Office found all of its claims on the "time-warp" patent to be valid after a reexamination requested by EchoStar. The Alviso, Calif., TiVo said it hopes the U.S. Court of Appeals will uphold the district-court judgment that went against EchoStar.

The suit, filed by TiVo in 2004, revolves around TiVo's claim that EchoStar is stealing its "time-warp" technology, which allow viewers to pause, fast-forward and rewind live television programs.

Pioneered by TiVo, the DVR has since been used on TV set-top boxes provided by cable providers, satellite companies and telecom service providers as an additional service. Other set-top box makers such as Cisco System Inc.'s Scientific-Atlanta and Motorola Inc. employ the same technology.

Shares shot up on the perception that the U.S. Patent and Trademark decision would sway the federal circuit appeals case. EchoStar doesn't believe it will.

"We are disappointed in the Patent and Trademark Office's decision ...We are hopeful that the Federal Circuit will reverse the district court and find that we do not infringe TiVo's patent," the Englewood, Colo., company said in a statement.

Ahead of the announcement, J.P. Morgan analyst Barton Crockett upgraded TiVo's stock, saying it was "worth a high-risk shot."

In a note, the analyst said there is a 70% chance that TiVo will ultimately prevail against EchoStar. He added that the rollout by Comcast Corp. of DVRs with TiVo technology will also drive near-term interest in the stock.


Fulwider Patton LLP #1 in Trademark Gains
Intellectual Property | 2007/11/14 10:46
Fulwider Patton LLP, one of the oldest and most respected independent intellectual property law firms in Southern California, made the most dramatic gains in U.S. trademark filings during the Second Quarter of 2007 according to The Trademark Insider®. In its recently published Second Quarter 2007 edition, The Trademark Insider® reports that between April-June 2007, Fulwider Patton filed 118 federal trademark and service mark applications, and was ranked as being in the top 50 law firms nationwide in U.S. trademark filings for that period.

Reflecting on The Trademark Insider report, Fulwider Patton partner Jim Paul commented: "We are very pleased to receive this recognition. It underscores our firm's goal of offering quality representation at reasonable prices. Our excellent team of trademark attorneys works very closely with our clients to uncover and enhance the value of their intellectual property assets."

Fulwider Patton LLP is a full service intellectual property law firm serving clients in all areas of intellectual property including patents, trademarks, copyrights, Internet domain name disputes, trade secrets and unfair competition. With offices in Los Angeles and Long Beach, California, Fulwider Patton LLP represents clients throughout California and the United States, Europe and the Pacific Rim.


Mattel sues porn website over use of Barbie name
Intellectual Property | 2007/08/22 08:38

Mattel Inc. (MAT) is once again pursuing a lawsuit to prevent a pornographic Web site from using the name of its trademarked Barbie doll as part of its name. The El Segundo, Calif., toy maker sued Global China Networks LLC in federal court in Manhattan on Tuesday over its Web site, www.chinabarbie.com. Global is a limited liability company organized in Florida and maintains a post-office box in New York, according to the complaint.

In its lawsuit, Mattel claims the Web site is pornographic and Global sold memberships to persons around the world.

The company, which has principal address in Hollywood, Fla., is listed as inactive on the Florida Department of State Division of Corporations Web site.

No phone number could be located late Tuesday for Global or its registered agent in Hollywood, Fla.

Mattel has aggressively pursued actions against a variety of Web sites that use the Barbie name in the past.

In 1999, Mattel pursued a lawsuit in New York against a Las Vegas company that operated an adult Web site registered as barbiesplaypen.com. A federal judge ultimately ordered the domain



Court Turns Down Qualcomm Appeal
Intellectual Property | 2007/07/21 10:56

A federal court on Friday dismissed a request by Qualcomm Inc. to delay an import ban on new cell phones containing the company's chips, which were were found to infringe patents held by Broadcom Corp. The decision comes a day after Verizon Wireless cut a deal with Broadcom that analysts said makes it less likely the Bush administration will overturn the ban, as Qualcomm has urged. The U.S. Court of Appeals for the Federal Circuit said it did not have jurisdiction to consider Qualcomm's request, because the import limits are still under review by the Bush administration. The administration has until August 6 to decide whether to veto the import limits.

The U.S. International Trade Commission imposed the ban June 7 after ruling that San Diego-based Qualcomm's chips infringed a Broadcom patent on battery power-saving technology.

The court "made no determination of the substantive merits" of Qualcomm's appeal, said Emily Kilpatrick, a spokeswoman for the company. Qualcomm will renew its appeal and seek a delay in the ban after Aug. 6 if the administration does not reverse the import limits, she said.

The ITC's ruling allows the importation of cell phone models available as of June 7, but bans new models with infringing chips. The ruling will limit the availability of cell phones compatible with high-speed wireless data networks built by Verizon Wireless, an affiliate of Verizon Communications Inc., Sprint Nextel Corp. and AT&T Inc.'s wireless division.

Mobile phone makers LG Electronics Inc., Motorola Inc. and Samsung Electronics Co. will also be hit. The wireless carriers and phone manufacturers joined Qualcomm's appeal and the carriers have also supported its lobbying efforts in Washington.

But in an additional blow to Qualcomm, Verizon Wireless yesterday withdrew its support after striking a deal with Broadcom to license its technology. Verizon Wireless agreed to pay Broadcom $6 for each phone with an infringing Qualcomm chip, up to $40 million a quarter or $200 million over the life of the agreement.

Rebecca Arbogast, a telecommunications analyst at investment bank Stifel, Nicolaus & Co. Inc., said Verizon Wireless's move "substantially reduces the chance there will be a presidential veto."

Verizon Wireless was a driving force behind the wireless carriers' efforts in support of a reversal of the ban, Arbogast said.

The company is a member of CTIA, the wireless industry's top lobbying group, which has urged the administration to overturn the ITC's ruling. John Walls, vice president for public affairs, said CTIA still supports a presidential veto.

The deal between Broadcom and Verizon Wireless also demonstrates that a commercial solution to the dispute exists, Arbogast said.

Presidential vetoes of ITC decisions are rare, with the most recent in 1987, an ITC official said last month. The White House will defer to the recommendation of the Office of the U.S. Trade Representative, as it has on ITC rulings since 2005.

Meanwhile, five Republican members of the House Energy and Commerce Committee wrote U.S. Trade Representative Susan Schwab July 12 in support of a veto.

The ITC's order "will stifle the efforts of wireless carriers to deliver cutting-edge technologies to American consumers," said the letter, which was signed by Reps. Joe Barton of Texas and Cliff Stearns of Florida, among others.

New York Democrats Rep. Charles Rangel and Sen. Charles Schumer also wrote administration officials last week against the ban.

Broadcom's chief executive Scott McGregor said Thursday that Qualcomm "appears...to have bet their future...on their political lobbying skills."



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