19 results for 'cat:"Copyright" AND cat:"Technology"'.
J. Leinenweber grants a veterinary clinic’s motion to dismiss a fertility clinic’s copyright claims, finding the fertility clinic has failed to show that consumers would likely confuse its trademarked PROOV ovulation testing device with the veterinary clinic’s OvuPROOF ovulation testing device. The court also dismisses the veterinary clinic’s counterclaim for defamation, but allows its counterclaims for defamation and misrepresentation to proceed.
Court: USDC Northern District of Illinois, Judge: Leinenweber, Filed On: April 22, 2024, Case #: 1:23cv3854, NOS: Copyrights - Property Rights, Categories: copyright, Defamation, technology
J. Irizarry dismisses all federal copyright infringement claims against a group of audio book streaming services, including Amazon-owned Audible, over the rights to stream audio books based on the writings of Teri Woods, an acclaimed urban fiction writer. The court finds the streaming services were granted full rights to distribute the works on their respective platforms.
Court: USDC Eastern District of New York, Judge: Irizarry, Filed On: March 30, 2024, Case #: 1:23cv507, NOS: Copyrights - Property Rights, Categories: copyright, technology
J. Blakey partially grants the sued software development company’s motion to dismiss the suing software development firm’s copyright infringement, trade secret misappropriation and breach of contract claims. The suing firm claims one of its former employees used his knowledge of its programs to develop an almost identical research software to the one it markets, and launched the software with his competing company. The court dismisses the suing firm’s confidentiality and non-competition agreement breach claim, but allows all its other allegations to go forward.
Court: USDC Northern District of Illinois, Judge: Blakey, Filed On: March 29, 2024, Case #: 1:23cv676, NOS: Other Contract - Contract, Categories: copyright, Trade Secrets, technology
J. Pacold grants an American telecommunication company’s motion to open contempt proceedings on the Chinese telecommunications firm it is suing. The court opens contempt proceedings over the Chinese firm’s refusal to pay the American company royalties on a series of radios. The Chinese firm rejects the claim that its radios violate any trade secrets or copyrights of the American company. A jury concluded it had infringed on other copyrights held by the American company in a 3.5-month trial that concluded in February 2020, but that trial didn’t cover the radio products at issue here. The same jury ordered the Chinese firm to pay the American company over $543 million in royalties. While contempt proceedings are open, the court also forbids the Chinese company from pursuing a separate litigation against the American company in China in order to “protect [its] jurisdiction.”
Court: USDC Northern District of Illinois, Judge: Pacold, Filed On: March 25, 2024, Case #: 1:17cv1973, NOS: Other Statutory Actions - Other Suits, Categories: copyright, International Law, technology
Want access to unlimited case records and advanced research tools? Create your free CasePortal account now. No credit card required to register.
Try CasePortal for Free
J. Dever grants an adult film production company’s motion for leave to serve a third-party subpoena on an internet provider to access the identity of one of the provider’s subscribers. The company shows good cause to engage in early discovery, but given the nature of the content, the subscriber will be allowed to be heard before their identity is revealed.
Court: USDC Eastern District of North Carolina, Judge: Dever, Filed On: March 18, 2024, Case #: 5:24cv111, NOS: Copyrights - Property Rights, Categories: copyright, Discovery, technology
J. Navarro grants Ancestry.com's motion to dismiss for lack of jurisdiction a suit filed by Nevada citizens who claim it used their names, images and identities without consent. The citizens’ allegations allow inference the company markets widely, sending email promotions and advertising subscription services without regard to location. The citizens’ injury, that their personal information is impermissibly being used to sell subscriptions, would “follow [them] wherever [they] might... live or travel,” and is not enough to demonstrate the company's actions were aimed at Nevada.
Court: USDC Nevada, Judge: Navarro , Filed On: January 17, 2024, Case #: 2:20cv2292, NOS: Other Personal Injury - Torts - Personal Injury, Categories: copyright, Tort, technology
J. Dever denies a business owner’s motion to dismiss copyright infringement claims in this sprawling suit initially brought by a marketing and entertainment software developer and its subsidiary against 33 named business entities and 55 unnamed entities. The developer claims most of these entities infringe on its copyrighted software systems called Phantom Software and Phoenix Gold in physical locations, websites and mobile apps. Presently, the developer alleges one such business entity and its owner are infringing. The business owner and his firm move to dismiss, but because the business is a corporation and the owner appears pro se, he cannot proceed because corporations can only proceed in federal court using licensed counsel. Also, the developer is correct in asserting its claims against the owner because he is a Phantom Software distributor and, therefore, is harming the developer by distributing and operating the infringing software.
Court: USDC Eastern District of North Carolina, Judge: Dever, Filed On: December 29, 2023, Case #: 5:23cv136, NOS: Copyrights - Property Rights, Categories: copyright, Business Practices, technology
J. Zilly declines to find in favor of Bungie on the cheat code developer’s Digital Millennium Copyright Act (DMCA) counterclaim. When the developer would connect reverse engineering software to Bungie’s game, Destiny 2, Bungie would record certain metadata from his computer. The developer sufficiently alleges that Bungie bypassed his password protection to access files on his computer, which is “the type of circumvention the DMCA was intended to prevent.”
Court: USDC Western District of Washington, Judge: Zilly, Filed On: October 16, 2023, Case #: 2:21cv811, NOS: Copyrights - Property Rights, Categories: copyright, Fraud, technology
J. Walker denies two veterinary companies’ motion to refer questions to the register of copyright who registered one of a software company’s products. The veterinary companies fail to be persuasive that referring their questions to the register would have any beneficial impact on the litigation.
Court: USDC Maine, Judge: Walker, Filed On: October 2, 2023, Case #: 2:21cv97, NOS: Copyrights - Property Rights, Categories: copyright, technology
J. Matsumoto enters defaults judgment against a provider of supplemental vitamins on copyright infringement claims alleging it copied significant portions of a competitor’s website for use on its own site. The court issues an injunction prohibiting the defendant from further infringing the protected material, as well as ordering it to deactivate the infringing website. The court, however, declines a request to transfer the domain name to the litigant’s control, finding the litigant fails to include in its suit the names of the domain registrar or webhost.
Court: USDC Eastern District of New York, Judge: Matsumoto, Filed On: August 16, 2023, Case #: 1:22cv5106, NOS: Copyrights - Property Rights, Categories: copyright, technology
J. Ketchmark denies the media companies' motion for summary judgment on a photographer's copyright claims stemming from the inclusion of her photo without permission as part of the USA Today Ad Meter. The photographer's photo of NFL coach Katie Sowers used as part of a Microsoft Super Bowl commercial in 2020 was never sent directly to USA Today for inclusion in its popular ad-rating platform, but was instead downloaded by a USA today producer from YouTube using screengrabbing technology.
Court: USDC Western District of Missouri, Judge: Ketchmark, Filed On: August 15, 2023, Case #: 4:21cv557, NOS: Copyrights - Property Rights, Categories: copyright, technology
J. Du denies the software support company’s motion to stay an injunction entered against it pursuant to the court’s prior finding in favor of Oracle in its suit alleging the support company copied Oracle’s enterprise software into and from development environments for its own clients. The support company is unlikely to prevail on the merits and its arguments invoking free speech are unpersuasive. The district court, though, will temporarily stay its injunction until the Ninth Circuit resolves the motion to stay which the support company intends to file there because the injunction does impose 60 days to certify compliance due to the amounts of code involved.
Court: USDC Nevada, Judge: Du, Filed On: August 15, 2023, Case #: 2:14cv1699, NOS: Copyrights - Property Rights, Categories: copyright, Unfair Competition, technology
J. Kirsch finds that the lower court improperly denied the cremation society's request to recover attorney's fees after defeating a software company's copyright allegations against it. The software company argued the society prevailed because of an intervening Supreme Court case, Google v. Oracle America, that made its fair use defense "ironclad," but the Supreme Court's ruling simply clarified the strength of that defense - it did not change the law. Vacated.
Court: 7th Circuit, Judge: Kirsch, Filed On: August 11, 2023, Case #: 22-1641, Categories: copyright, Attorney Fees, technology
J. Walker grants in part a large online retailer's motion to dismiss copyright claims brought against it and other large companies by an artist for failing to prevent foreign counterfeiters from using her copyright registered photographs in the companies' online marketplaces to sell knockoffs of her designs. The fact that the companies provide technology that can be used to infringe copyrights doesn't automatically make them liable for any copyright infringement using their technology if that technology can also be used, and usually is used, for activities that don't infringe on copyrights. However, the large online retailer may be liable for its failure to ensure that counterfeiters did not continue to infringe on the artist's copyrights after she reported them and the retailer initially removed their counterfeit content.
Court: USDC Maine, Judge: Walker, Filed On: July 28, 2023, Case #: 2:22cv284, NOS: Copyrights - Property Rights, Categories: copyright, technology
J. Du finds in favor of Oracle, permanently enjoining the infringing support company in this software copyright and unfair competition dispute arising from the support company's unauthorized copying of Oracle's enterprise software into and from development "gap customer" environments created by the support company for its own clients. At trial, the owner of the support company admitted that his deposition testimony about the timing and purpose of the software migration was “incorrect,” and further admitted that he decided to do the migration to “save... our own server costs” and “offset... other costs." He also continued making copies of the environments that had previously been ruled as infringing.
Court: USDC Nevada, Judge: Du , Filed On: July 24, 2023, Case #: 2:14cv1699, NOS: Copyrights - Property Rights, Categories: copyright, technology
J. Broderick adopts the magistrate's report and recommendation awarding over $14 million to the content administrator that alleges that the software company trafficked products designed to circumvent its encryption technology. Damages were properly calculated by an expert witness. Website traffic evidence was correctly used in determining the award. Evidence used in determining the damages award was properly admitted, as well as being the only evidence proffered.
Court: USDC Southern District of New York, Judge: Broderick , Filed On: July 5, 2023, Case #: 1:14cv1112, NOS: Copyrights - Property Rights, Categories: copyright, technology
J. Briccetti partially denies the defendant software company's motion to dismiss IBM's copyright suit claiming that it reverse engineered IBM's software to create derivative software applications. IBM sufficiently alleges that it holds valid copyrights for nine versions of the CICS TS computer program, that defendant had access to this software as a developer, and points to similarities in the structure of defendant's software products.
Court: USDC Southern District of New York, Judge: Briccetti, Filed On: June 8, 2023, Case #: 7:22cv9910, NOS: Copyrights - Property Rights, Categories: copyright, technology