Articles Posted in May, 2012

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Last Monday, Governor Edmund G. Brown, Jr. released a revised budget for the State of California. Initially, Governor Brown had estimated a $9.2 billion budget shortfall for 2012-13, but this sum increased to $15.7 billion “as a result of a reduced revenue outlook, higher costs to fund schools, and decisions by the federal government and courts to block budget cuts.” To bridge the gap, the Governor is proposing to “increase[] the personal income tax on the state’s wealthiest taxpayers for seven years and increase[] the sales tax by one-quarter percent for four years.”

Currently, the California personal income tax rate is capped at 9.30%. Under The Schools and Local Public Safety Protection Act of 2012, the tax rate will increase as follows.


Posted in: Laws
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A new patent infringement lawsuit accuses Apple, Electronic Arts, Target, Whole Foods, and other companies of violating a U.S. patent “for selectively rotating windows on a computer display.”

The lawsuit by Rotatable Technologies, LLC, a non-practicing entity (NPE), alleges that Apple iPhones and iPads violate U.S. Patent No. 6,326,978 for letting users rotate their device displays using the patent’s method.


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A 1961 Illinois eavesdropping law “likely violates the First Amendment’s free speech-speech and free-press guarantees,” a federal appeals court ruled.

The 69-page decision by the U.S. Court of Appeals for the Seventh Circuit blocks enforcement of an Illinois criminal law that made it a felony to make audio recordings of Chicago police without receiving their consent.

What prompted the lawsuit?


Tagged: ACLU, Chicago, police
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Well, it hasn’t been a good week for the reputation of the legal profession.

By now, you’ve heard that the 9th Circuit ruled on Padilla v. Yoo, finding that plaintiffs do not have a cause of action against the former Deputy Assistant Attorney General John C. Yoo for injuries suffered as a result of Mr. Yoo’s “torture memos.” The Court found that Yoo was entitled to qualified immunity under Ashcroft v. al-Kidd, because regardless of the legality of plaintiff’s detention and the wisdom of Yoo’s judgments, at the time he acted the law was not “sufficiently clear that every reasonable official would have understood that what he [wa]s doing violated[d]” plaintiff’s rights.


Posted in: Uncategorized
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Zynga, the online game maker of multimillion-dollar blockbuster games like FarmVille, Mafia Wars, and Words with Friends, sued French gaming company Kobojo today for trademark infringement over the company’s Pyramidville game (see it below).

At issue are Zynga’s trademark claims to all games ending with ville, the French word for town or village. Sacré bleu!

Zynga appears to be facing an uphill battle, however. Last month the USPTO sent the company a suspension letter halting the game maker’s attempt to trademark the word Ville. on hold.


Tagged: Kobojo, ville
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Facebook filed its Amended S-1 Registration Statement (read it below) with the SEC today, a little more than two weeks before the social media company’s IPO.

The company, whose NASDAQ ticker symbol will be ‘FB’ estimates “the initial public offering price will be between $28.00 and $35.00 per share.” That would put Facebook’s corporate valuation at approximately $100 billion.

Of course, the company didn’t forget to list a few risks.


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Today Oracle asked U.S. District Court Judge William Alsup to sidestep whatever verdict the jury ultimately reaches in the company’s Java code copyright trial against Google.

Oracle alleged that Google violated copyright law by refusing to license Sun’s Java software code, and allegedly incorporating copyright-protected source code into its Android OS for mobile devices. Oracle completed its acquisition of Sun in January 2010.

Oracle’s legal maneuver, known as judgment as a matter of law, argues that “no reasonable jury could find that Google did not infringe Oracle’s Java-related copyrights.” (Read the legal filing below)


Tagged: Java, Oracle
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A class-action lawsuit against Apple (read it below) accuses the tech giant of double billing customers for downloads made from the company’s iTunes Store.

The lawsuit filed by New York resident Robert Herskowitz alleges that Apple charged him twice for purchasing a single pop song, “Whataya Want from Me?”

(Note: if you’re going to get double billed for an iTunes download, it should at least be for a decent song or movie.)

Here is what Herskowitz says he did to try and make things right, and Apple’s response.


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“Trust me, my pungent friend. You’ll get what’s coming to you!”

Disney’s new copyright infringement lawsuit against an alleged eBay purveyor of counterfeit movies appears to be dispensing advice from Aladdin’s Jafar.

According to the lawsuit (read it below), Atlanta resident Michael Jones has allegedly been selling ‘obviously counterfeit’ Disney movies on eBay using the moniker “authenticdelivery.” Not surprisingly, Disney charges that the sales have involved anything but authentic movies from the Hollywood studio.


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Enough already! That’s the message from Judge Richard Posner, the federal judge presiding over one of many patent feuds between Apple and Motorola Mobility.

Dagnabbit, Apple, Judge Posner is fed up with your legal team’s motion practice!

“I’ve had my fill of frivolous filings by Apple,” he wrote in a newly released court order (read it below).