Articles Posted in Litigation

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.

“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.

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).

Jerald Bovino, the holder of a U.S. Patent (No. 6,977,809) for a portable computer case made of ‘resilient material’ designed with ‘ribs,’ is suing Apple and Target, claiming that Apple’s manufacture and sale of iPad and iPad 2 cases (inset, right), and Target’s sale of the iPad Smart Cover, infringe his 2005 patent.

If you think that texting is so ’90s, guess again.

A new criminal case against former BP employee Kurt Mix is an important reminder that, while social networks like Facebook and Twitter may be all the rage, deleting work-related text messages from your mobile phone might get you in trouble with the law.

Especially if prosecutors can prove that you obstructed justice by hiding something from a criminal investigation. In Mix’s case, the investigation involved BP’s deadly Deepwater Horizon oil spill in the Gulf of Mexico.

The U.S. International Trade Commission (‘ITC’) issued a preliminary ruling today concluding that Apple iPhone and iPad wireless devices violate Motorola Mobility’s U.S. Patent No. 6,246,697.

Patent holder Motorola Mobility — whose acquisition by Android OS maker Google is still pending — holds this more than 10-year-old wireless method and system patent to reduce background signal noise in wireless transmissions.

The IP litigation between Apple and Motorola, however, is far from over.

Aerosoft GMBH, the German software company that makes the ‘Airbus X’ game, add-on program to Microsoft’s Flight Simulator, sued a host of unknown ‘Does’ in federal court, claiming the defendants engaged in copyright infringement via peer-to-peer (‘P2P’) file-sharing of plaintiff’s game.

The Airbus X might have been a game that convicted al Qaeda conspirator Zacarias Moussaoui would have liked to play, given his self-avowed goal of piloting Boeing or Airbus ‘Big Birds.’

Facebook’s and Mark Zuckerberg’s lawyers told a federal court yesterday that convicted felon Paul Ceglia’s latest discovery requests should be put on hold, and that Ceglia’s lawsuit claiming a fifty-percent (50%) ownership stake in Facebook should be dismissed.

Lawyers at Gibson Dunn were emphatic that the court should not “perversely reward [Ceglia] for his ongoing efforts to derail the discovery process” by keeping his lawsuit alive.

Perhaps more importantly, they argue, Ceglia’s failure to dispute that emails he sent in 2004 to a then assistant attorney general at the Illinois Attorney General’s office “conclusively proves that the [disputed] Work for Hire Document is a fake.”

Facebook filed its answer and counterclaims against Yahoo! today in the Silicon Valley patent battle between the social networking giant and the fading portal.

Yahoo filed its patent lawsuit three weeks ago, and Facebook fired back a salvo of patent infringement counterclaims right back at the portal.

Facebook claims that Yahoo is violating the following patents:

Martha Davis, a founding member of the ’80s rock band The Motels, filed a class action lawsuit today against the EMI record label.

Davis and her group are known for their 1980’s chart topping hits, “Only the Lonely” and “Suddenly Last Summer.”

The legendary songstress accuses the label that she and The Motels originally signed with of shorting her out of music royalties due under the parties’ original contract (read the lawsuit below).