Respondent Jawbone Innovations opposes Google’s Nov. 7 petition for a writ of mandamus directing the U.S. District Court for Western Texas to transfer Jawbone’s patent infringement complaint to the Northern District of California, it said in a filing Tuesday (docket 23-101) at the U.S. Court of Appeals for the Federal Circuit. Google’s petition said it has a “clear and indisputable” right to mandamus relief because the Texas district court “ruled erroneously” on five of the eight “transfer factors,” and also weighed the factors improperly.
Paul Gluckman
Paul Gluckman, Executive Senior Editor, is a 30-year Warren Communications News veteran having joined the company in May 1989 to launch its Audio Week publication. In his long career, Paul has chronicled the rise and fall of physical entertainment media like the CD, DVD and Blu-ray and the advent of ATSC 3.0 broadcast technology from its rudimentary standardization roots to its anticipated 2020 commercial launch.
The national Anti-Robocall Litigation Task Force has taken enforcement action against two “voice service providers” for their alleged involvement in illegal robocalls, announced Georgia Attorney General Chris Carr (R) Tuesday. The providers being targeted in the action are Avid Telecom and One Eye, he said. “By partnering with a bipartisan coalition of attorneys general, we are able to leverage our resources and better identify those who are enabling these con artists in their attempts to steal from unsuspecting consumers,” said Carr. On behalf of the entire task force, Indiana is enforcing civil investigative demands (CIDs) against Avid and One Eye, but One Eye has stopped responding to the task force, and Avid has refused to answer the CID, said Carr’s office. Efforts to reach Avid and One Eye for comment Tuesday were unsuccessful.
The flawed September 2021 finding by the U.S. District Court for Northern California that Epic Games failed in its burden to demonstrate that Apple is an illegal monopolist in the way it runs the App Store is where “the rubber meets the road” as the massive antitrust case progresses toward an appellate decision, Epic attorney Thomas Goldstein with Goldstein & Russell told the 9th Circuit U.S. Court of Appeals in oral argument Monday. Apple attorney Mark Perry of Weil countered by emphasizing the district court’s finding that elements in the App Store have procompetitive effects that offset any of their anticompetitive impacts.
The village of Muttontown, New York, and its component boards seek a two-week delay to respond to an order asserting whether they will oppose the Nov. 2 motion to intervene from 30 resident property owners seeking to block AT&T’s construction of a 165-foot-tall cell tower (see 2211030048), said village attorneys in a letter Thursday (docket 2:22-cv-05524) to U.S. Magistrate Judge Lee Dunst for Eastern New York in Central Islip. The village, in a letter to Dunst Friday, also asked for a one-month extension to Dec. 12 to answer AT&T's complaint, citing the residents' motion as one reason for the delay.
Amazon “misrepresents” the benefits of Prime memberships when it advertises products available for free shipping in one or two days but in reality keeps members “waiting substantially beyond” those promised turnaround times, alleged a fraud class action Thursday (docket 3:22-cv-01764) in U.S. District Court for Southern California in San Diego.
The website of the online kitchenware store Food52.com is rife with barriers that make it inaccessible to those who are visually impaired or legally blind, in violation of the Americans With Disabilities Act, alleged Manhattan resident Ramon Fontanez in a class action Wednesday (docket 1:22-cv-09584) in U.S. District Court for Southern New York.
The FTC’s Thursday policy statement boldly reasserting the agency’s FTC Act Section 5 authority to rigorously enforce the federal ban on unfair methods of competition is grounded in the Supreme Court’s interpretation of the statute in at least 12 decisions, said the agency. The statement “makes clear that Section 5 reaches beyond the Sherman and Clayton Acts to encompass various types of unfair conduct that tend to negatively affect competitive conditions,” it said.
Even “accepting as true” plaintiff Afrika Williams’ allegations that Duke University Health System (DUHS) violated her privacy rights by installing Facebook’s Pixel tracking tool on the login page of its patient portal, this “does not support any of her causes of action,” said DUHS in U.S. District Court for Middle North Carolina in a memorandum of support Tuesday (docket 1:22-cv-00727) of its motion to dismiss the complaint with prejudice.
The Professional Association for Customer Engagement supports Porch.com’s Oct. 26 petition for panel rehearing and petition for rehearing en banc of the 9th U.S. Circuit Court of Appeals Oct. 12 opinion reversing the U.S. District Court for Idaho dismissal of a Telephone Consumer Protection Act suit, said the trade group's proposed amicus brief Monday (docket 20-35962).
Marriott International, through “good faith negotiations,” reached agreement on the terms of a consent judgment with Prestige DRVoIP.Com, one of the defendants in its trademark infringement complaint to thwart robocallers from impersonating Marriott telemarketers, said a joint motion Tuesday (docket 1:21-cv-00610) for entry of that consent judgment in U.S. District Court for Eastern Virginia. Once the court grants the motion, all of Marriott’s pending claims against Prestige will be dismissed with prejudice, it said.