Articles Posted in Litigation

The Associated Press (AP) filed a copyright lawsuit in federal court this morning against the Meltwater Group over the company’s Meltwater News product, charging that the competing site collects, stores, translates, and redistributes AP content to paid subscribers, but without paying the 165-year-old company a penny. Other online news aggregators like Google, Yahoo, and AOL pay licensing fees to use AP content, as do local and national newspapers and media sites.

According to the lawsuit, Meltwater generated more than $100 million in revenue in 2010, in part because it doesn’t pay a thing for content:

Silicon Valley-based solar panel giant SunPower sued five former employees and competitor SolarCity today, contending that shortly before they left SunPower, the employees connected USB drives to the company’s computer network, “and used them to steal tens-of-thousands of computer files” with confidential and non-confidential proprietary information.

In addition to civil damages and injunctive relief, SunPower also wants to hold the ex-employees criminally liable for violating a California law prohibiting unauthorized computer data access and fraud.

The case raises important questions about what, if any, data loss prevention (DLP) systems were in place to prevent employee theft and the loss of such highly confidential and proprietary data. How could the alleged data transfer of information on hundreds of millions of dollars in sales at a Silicon Valley company occur so brazenly?

Any antitrust concerns about Google’s acquisition of Motorola Mobility were satisfied in Europe and the United States today. Regulatory hurdles were cleared when the European Union and the U.S. Department of Justice’s Antitrust Division each approved Google’s purchase of the telecom unit.

The deal bolsters Google’s patent portfolio, and is anticipated to add substantial value to the company’s Android mobile operating system.

Doug Whitman, the head portfolio manager at Whitman Capital, LLC, was indicted by a New York federal grand jury on insider trading and criminal securities fraud charges (read the indictment below).

The indictment alleges that in 2006 and 2007, Whitman’s firm made $900,000 in illegal profits by trading Google and Polycom stocks using material, non-public information that Whitman himself acquired to make the trades.

Whitman is also charged with buying and selling Marvell Technology Group stock and options over roughly two years using insider information.

Montblanc, the German maker of fabled fountain pens and other luxury goods sued Google for help in unmasking the identities of alleged counterfeiters running Google AdWords campaigns on Google’s UK search engine to hawk knockoff pens.

Montblanc’s lawsuit against Google asks the court for equitable relief, i.e.,, not money but a court order granting the penmaker discovery to unmask and confirm the identity of the person or entity placing misleading ads on Google.

PayPal was hit with a class-action lawsuit today alleging that the company violated a federal communications law by sending consumers unsolicited text messages.

The lawsuit charges PayPal with violating the Telephone Consumer Protection Act, a federal law designed to protect consumers from unwarranted, unsolicited phone communication from automatic telephone dialing systems (read the lawsuit below).

The Federal Communications Commission (‘FCC’) ruled today that anti-abortion activist Randall Terry (inset, right) failed to show “that he is a legally qualified” presidential candidate entitled to “reasonable” broadcast TV access in Illinois.

Even if he was, the FCC concluded, Chicago NBC affilate WMAQ did not act unreasonably when it refused to sell him air time to run ads on Super Bowl Sunday (Read the decision below).

In pre-Super Bowl style, prosecutors charged a Michigan man with criminal copyright violations for allegedly operating nine (9) websites chock full of pirated sports broadcast videos (read the complaint below).

Separately, federal agents also seized a purported $4.8 million in knock-off Super Bowl merchandise imported into the U.S.

The U.S. Attorney’s message? Don’t risk any high-tech copyright shenanigans with unauthorized streams of this Sunday’s Super Bowl XLVI.

GOP candidate Newt Gingrich and his campaign were sued for copyright infringement in federal court yesterday for reportedly playing the band Survivor‘s “Eye of the Tiger” song at Gingrich campaign events, but without obtaining rights to do so (Read the lawsuit below).

Plaintiff Rude Music, Inc. is a music publishing company created by Survivor band member Frank M. Sullivan, III, and holder of rights to the song.

The defendants have some explaining to do, especially since Gingrich argued at a recent South Carolina GOP debate that copyright holders should sue to protect their intellectual property rights:

A lawsuit filed by current and former employees of the U.S. Food and Drug Administration charges that the agency accessed and spied on their personal e-mail accounts after scientists and doctors alerted Congress and the media that certain radiation-emitting computer detection devices may not be safe or effective.

The lawsuit filed by scientists and doctors charges that nine FDA employees (the “FDA Nine”) had their private, personal, password protected email accounts on Google and Yahoo secretly recorded by the the U.S. Department of Health and Human Services, the government agency to which the FDA reports.

Why? Because the FDA scientists and doctors engaged in whistleblower-protected conduct by voicing concerns about radiation-induced cancer risks allegedly involving medical devices that the agency regulated.