Facebook hit with another class action suit, this time over IPO debacle

By on May 25, 2012 at 7:30 PM.

Facebook hit with another class action suit, this time over IPO debacle

Facebook IPO Lawsuit

Pennsylvania-based law firm Kessler Topaz Meltzer & Check, LLP on Friday filed a class action lawsuit against Facebook regarding the handling of its initial public offering, which was made on March 18th. On the day of its IPO, the company was hit with a privacy-related class action lawsuit seeking $15 billion in damages. This new complaint, which was filed in the United States District Court for the Southern District of New York, charges Facebook and multiple officers, directors and underwriters with violating the Securities Act of 1933 by failing to disclose or disregarding material adverse facts that were known to them. More →

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Dish sued by networks over ad-skipping Auto Hop feature

By on May 25, 2012 at 10:00 AM.

Dish sued by networks over ad-skipping Auto Hop feature

Dish Auto Hop Lawsuit

CBS, Fox and NBC have independently filed lawsuits against Dish Network, claiming its new automatic commercial-deleting service Auto Hop violates copyright laws; Fox even goes as far as to state that Auto Hop is “destroying the fundamental underpinnings of the broadcast television ecosystem.” Auto Hop is a feature launched recently for Dish Network’s Hopper DVR. When enabled, the free add-on allows users to automatically skip over commercials aired during prime time shows on each of the four major television broadcast networks — ABC, CBS, Fox and NBC. Networks took issue with the feature immediately, of course, and now complaints have been filed by three of the four affected networks, BGR sister site Deadline reports. Dish has already filed its own complaint with a New York district court seeking a declaratory judgement that its new service is “in full compliance with copyright law and its re-broadcast agreements.” More →

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Facebook hit with $15 billion privacy suit on IPO day

By on May 18, 2012 at 2:45 PM.

Facebook hit with $15 billion privacy suit on IPO day

Facebook Privacy Lawsuit

Facebook is officially a public company as of Friday morning shortly after 11:00 a.m. Eastern Time, and what better way to celebrate the milestone than with a fresh privacy lawsuit? Led by Stewarts Law and Bartimus, Frickleton, Robertson & Gorny, a class action lawsuit has been filed in San Jose, California alleging that Facebook unlawfully continued to track users’ Web browsing after they logged out of the service. The suit seeks more than $15 billion in damages. “This is not just a damages action, but a groundbreaking digital privacy rights case that could have wide and significant legal and business implications,” said Stewarts Law partner David Straite. The firm’s press release follows below. More →

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Apple accuses Samsung of destroying evidence

By on May 11, 2012 at 1:15 PM.

Apple accuses Samsung of destroying evidence

Apple Patent Lawsuit

Apple on May 1st filed a motion in the Northern District of California alleging that Samsung intentionally destroyed documents it was ordered to hand over to the Cupertino-based company, Network World reported on Friday. Apple referred to Samsung’s actions as a “spoilation of evidence” and wants the Judge to inform the jury that the South Korean vendor acted in bad faith in failing to meet its legal duty. If the jury finds Samsung liable for infringement, they may presume that the infringement was “intentional, willful, without regard to Apple’s rights,” and the documents in question would have been advantageous to Apple’s position. The iPhone-maker said Samsung’s actions “vast quantities of relevant evidence in blatant disregard of its duty to preserve all such evidence.” A hearing on Apple’s motion is scheduled for June 7th. Samsung’s reply brief is due by May 15th, however the smartphone vendor is seeking an extension to May 29th and would like to see the hearing pushed back to July 10th. More →

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Proview rejects Apple's settlement offer in iPad dispute

By on May 10, 2012 at 11:30 PM.

Proview rejects Apple's settlement offer in iPad dispute

Proview Rejects Apple's Settlement Offer

Apple reportedly offered Proview $16 million to settle the companies’ ongoing legal dispute over the iPad name, but Proview rejected the offer, Chinese website Sina reported. The cash-strapped company is instead looking for $400 million dollars in an attempt to appease numerous creditors, eight of which are China-based banks. Proview originally threatened to sue Apple in United States for $2 billion, but a California judge tossed out the suit, instead encouraging the companies to reach a settlement. The two companies have been locked in a high-profile legal dispute over whether or not Apple has the right to use the iPad name. The Cupertino-based company maintains that it licensed the trademark from Proview in 2009, however the Chinese company claims the transaction in question is invalid. More →

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Proview's U.S. iPad suit against Apple tossed out

By on May 10, 2012 at 12:00 AM.

Proview's U.S. iPad suit against Apple tossed out

Proview's US iPad suit tossed out

A California judge tossed out Proview’s trademark claims against Apple’s iPad tablet. The Chinese company filed a lawsuit in California’s superior court in February, claiming Apple’s license to use the iPad name was invalid, a claim Apple disputes. Judge Mark Pierce last week dismissed the case on the grounds that the two parties had previously agreed to settle any disagreements in Hong Kong, Reuters reported. Apple and Proview have been locked in a high-profile legal dispute over whether or not Apple has the right to use the use the iPad name in China and elsewhere. The iPad-maker maintains that it licensed the trademark from Proview in 2009. More →

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Android lost money in 2010

By on May 4, 2012 at 8:45 PM.

Android lost money in 2010

Android lost money in 2010

During Google’s ongoing legal dispute with Oracle, the judge presiding over the case revealed the Internet giant’s Android mobile operating system was not profitable in 2010, Reuters reported. Google does not publicly report financial information regarding its Android operating system, however the judge did not disclose specific figures, but instead said it lost money in each quarter of 2010. “That adds up to a big loss for the whole year,” he said. Oracle argued that Google should not be able to deduct certain Android expenses for the purposes of copyright damages related to the case. More →

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Nokia sued because Windows Phone is failing [updated]

By on May 4, 2012 at 9:05 AM.

Nokia sued because Windows Phone is failing [updated]

Nokia sued over failed comeback

Adding insult to injury is never a concern for the litigious among us, and one man has filed a class action suit against Nokia in New York because its comeback, thus far, has been anything but. Complaint Robert Chmielinski, represented by Robbins Geller Rudman & Dowd, alleges that Nokia’s shift to the Windows Phone platform has not halted its sliding position in the global smartphone market, as the company promised it would. Nokia reported last month that it lost a staggering $1.7 billion in the first quarter of 2012 after losing nearly $1.3 billion in the fourth quarter last year. According to Chmielinski and the class he claims to represent, Nokia violated federal securities laws by telling investors that the switch to Windows Phone would stop the bleeding. More →

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RIM reportedly considers patent trolling to boost business

By on May 1, 2012 at 12:55 PM.

RIM reportedly considers patent trolling to boost business

RIM considers patent trolling

As Research In Motion continues to explore any and all options that might help carry it through the next two quarters until it finally launches its first BlackBerry 10 smartphone and beyond, one option reportedly on the table is patent trolling. RIM recently hired law firm Milbank, Tweed, Hadley & McCloy LLP to explore a number of possible paths it might take in the near term and the long term as its struggles continue, and according to Techdirt, one of those options is to take a more aggressive stance with its patents. As the patent wars heat up in the mobile space, Microsoft seems to be the only major player pulling in substantial revenue from its recent publicized dealings involving aggressive patent plays. Even Apple, despite its numerous efforts, has yet to score any big wins of note. Whether or not RIM can manage to successfully weaponize its patent portfolio — if it is in fact exploring that option — remains to be seen, but the pressure is on as BlackBerry World 2012 kicks off with no new product announcements to be found following a brief preview of its next-generation smartphone platform. More →

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Shareholder sues Google to block planned stock split

By on May 1, 2012 at 7:31 AM.

Shareholder sues Google to block planned stock split

Google earlier this month reported its earnings for the first quarter of 2012, topping Wall Street’s estimates. The Internet giant also announced plans to create a new class of non-voting capital stock that would effectively create a 2-for-1 stock split. As a result, Google would be able to issue new shares of stock for acquisitions and employee compensation without diluting the 56.3% voting stake the company’s co-founders Larry Page and Sergey Brin control. Not everyone is happy about the planned split, however, and a shareholder has sued the company and its board in an attempt to block the plan. The class action lawsuit is being put forward by the Brockton Retirement Board, which has accused Google of breaching its fiduciary duty to the company’s shareholders, Reuters reported on Monday. The complaint states that Page and Brin “wish to retain this power, while selling off large amounts of their stockholdings, and reaping billions of dollars in proceeds.” The Brockton Retirement Board asked a Delaware judge to block the plan and award unspecified compensatory damages. More →

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Apple and Samsung CEOs to meet on May 21st for settlement talks

By on April 30, 2012 at 10:18 AM.

Apple and Samsung CEOs to meet on May 21st for settlement talks

Apple and Samsung CEO meet May 21st to talk settlement

Apple and Samsung’s CEOs are scheduled to meet on May 21st to discuss a possible settlement to the widely-publicized on-going legal battle, FOSS Patents reported. The two companies have been in a bitter patent war since last April that includes more than 20 cases in 10 countries. Despite the scheduled settlement talks, however, the Korean manufacturer asserted eight additional patents against the Cupertino-based company last week. Apple CEO Tim Cook told analysts during the company’s earnings call that he would rather settle lawsuits than fight them in court. “I’ve always hated litigation, and I continue to hate it. We just want people to invent their own stuff,” the CEO said. “I would highly prefer to settle versus battle. But the key thing is that it’s very important that Apple not become the developer for the world.” If the two companies cannot come to an agreement, a trial is scheduled for July in the United States. More →

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Google had hoped partners would sell 10 million Android tablets in 2011

By on April 25, 2012 at 5:00 PM.

Google had hoped partners would sell 10 million Android tablets in 2011

Even before the release of the first Android tablet and the Honeycomb operating system, Google predicted its partners would sell more than 10 million tablets a year beginning in 2011 and capture up to one-third of the market by 2012, The Verge reported. The information comes from Google’s testimony in an ongoing trial with Oracle. Android Senior Vice President Andy Rubin made the prediction based on tablet market data from Morgan Stanley, which estimated a total of 46 million tablets would be sold by 2012. The Mountain View-based company’s expectations have fallen short, however, and Apple has dominated the tablet market with more than 67 million iPads sold thus far. The Internet giant also expected Android tablets to generate up to $110 million in search revenue in 2011 and $220 million in 2012. More →

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Google’s original vision for the ‘Google Phone’ uncovered in court

By on April 25, 2012 at 3:00 PM.

Google’s original vision for the ‘Google Phone’ uncovered in court

Two years before the first commercial release of Android, Google shopped a device to carriers that contained a “basic phone user interface.” The Mountain View-based company approached T-Mobile and called the device a win-win when combined with the carrier’s unlimited data plan. The original designs surfaced during Google’s trial against Oracle over the use of Java in Android, The Verge reported. Additional documents revealed that Google was looking to change T-Mobile’s plan pricing structure, and offer unlimited data for $9.99 a month. To subsidize the reduced cost, the Internet giant would have agreed to not take the commission it might earn from the carrier when it referred Android buyers to its online store. Google’s original plan never became a reality, however, and the first commercial Android phone, the T-Mobile G1, was released with $25 and $35 data plans. A second image outlining additional details follows below. More →

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