Eric Goldman

APRIL 28, 2024

299 limits joinder in patent cases to defendants who infringe using “the same accused product or process.” ” Congress enacted this requirement to restrict patent trolls who were filing lawsuits against defendants who had nothing in common but the allegation that they were infringing the same patent. 35 U.S.C. §

Defendant 98

Defendant Judge Lawsuit Court 98

Eric Goldman

APRIL 1, 2024

The court summarizes the allegations: Roblox has a virtual currency designed for use on its platform called “Robux.” The court is unpersuaded. The court doesn’t appreciate this argument: these are children we’re talking about. Roblox The post Roblox Must Defend Illegal Gambling Claims–Colvin v.

Defendant 98

Defendant Failure-to-appear Court Hearing 98

Eric Goldman

NOVEMBER 16, 2024

The defendant, Kalita Mukul Creative, ran community-focused newsletters. The defendant published a bio on Sewell and included one of McDermott’s photos–apparently sourced from an unrelated Instagram account (possibly another infringer, or perhaps that account has a fair use defense?). Defendant’s financial benefit.

Court 102

Court Defendant Failure-to-appear Litigation 102

Eric Goldman

DECEMBER 12, 2023

.” Some details about its lawsuit: Betty’s Best sued 1,099 defendants in a single complaint. As usual, the Schedule A provides threadbare information about each defendant. Why did Betty’s Best name “only” 1,099 defendants on this one complaint? The court reduced the asset freeze from $21M to $2M.

Defendant 96

Defendant Lawsuit Judge Court 96

Eric Goldman

JANUARY 4, 2024

The plaintiff sued 163 defendants for online marketplace sales and got an ex parte TRO, including Amazon account freezes. After a couple of defendants showed up, the judge denied a TRO extension because of the possible lack of merit in the plaintiff’s infringement allegations. Then, the case fell apart. Proximate Damage.

Defendant 98

Defendant Judge Lawsuit e-filing 98

Eric Goldman

MAY 31, 2024

Microsoft’s filings made some unredacted disclosures about Medina that were repeated in an unredacted court opinion, and those documents appeared on several websites that publish court documents. He then sued the court document repository websites (and other defendants) for defamation, false advertising, and more.

Court 105

Court Defendant Lawsuit Legal research 105

Eric Goldman

JUNE 14, 2024

There are two critically important cases over “social media addiction” pending in California state court and as an MDL in the federal Northern District of California. It is an all-out brawl in federal court, with no-expense-spared battles over each and every picayune litigation issue.

Lawsuit 102

Lawsuit Court Defendant Failure-to-appear 102

LawSites

DECEMBER 1, 2021

The pandemic caused civil courts in the United States to adopt technology at an unprecedented pace and scale, improving participation in court proceedings and helping users resolve disputes more efficiently. Pew researchers examined pandemic-related emergency orders issued by the supreme courts of all 50 states and Washington, D.C.

Court 132

Court e-filing Notary Hearing 132

Above the Law - Technology

JANUARY 9, 2025

The post Judge Wears VR Headset To View Defendant’s Account Of Events And What Fresh Hell Is This? Courtroom technology: all about coulda, not shoulda. appeared first on Above the Law.

Judge 202

Judge Defendant Law Law 202

Eric Goldman

SEPTEMBER 11, 2024

In my prior post on this case , I covered how the court denied efforts to enjoin the Utah law on Section 230 and dormant commerce clause grounds. And as expected, the court indeed enjoined the law on First Amendment grounds. The court rejects the state’s evidence about the purported harms of social media usage.

Court 105

Court Defendant Judge Law 105

CaseFox

APRIL 13, 2023

However, not all personal injury claims are successful in court. Here are the top reasons why personal injury claims fail in court. In order to win a personal injury case, the plaintiff must provide sufficient evidence to prove that the defendant was negligent or intentionally caused the injury.

Court 98

Court Defendant Lawsuit Attorney 98

Eric Goldman

SEPTEMBER 10, 2023

” (Technically, the defendants in this case are enumerated on “Exhibit 1” instead of “Schedule A,” but same thing). The court describes the phenomenon: This case is one of many in the Northern District of Illinois’s “cottage industry” of “Schedule A” cases. The defendant sold the flag below it.

Court 98

Court Defendant Judge Litigation 98

Eric Goldman

JANUARY 21, 2024

“Plaintiff alleges Defendants downloaded and copied Plaintiff’s copyrighted materials from YouTube, and then re-uploaded infringing versions of Plaintiff’s copyrighted media content to their YouTube channels.” ” Viral DRM sued 20 defendants enumerated in a Schedule A and got an ex parte TRO. Jurisdiction.

Defendant 78

Defendant Judge Court Hearing 78

Eric Goldman

MAY 15, 2024

In so holding, however, the Court declined to resolve the logically antecedent question of whether the discovery rule applies to the three-year copyright statute of limitations, finding “that issue is not properly presented here, because Warner Chappell never challenged the Eleventh Circuit’s use of the discovery rule below.” Nealy , No.

Court 105

Court e-discovery Defendant e-filing 105

Eric Goldman

MAY 18, 2023

Supreme Court [FN]. Twitter won its decision unanimously, and the Supreme Court per curiam punted the Google case back to the 9th Circuit with the clear message that the plaintiffs should lose. The Supreme Court says that the term “aiding and abetting” in the statute should be interpreted using the common law.

Defendant 142

Defendant Court Failure-to-appear Lawsuit 142

Eric Goldman

JULY 14, 2023

The latest ruling addresses YouTube’s motion to dismiss the fourth amended complaint, which the court grants with prejudice. The court asked the plaintiffs to point to the relevant contract provisions that shape the implied covenant. Elenis Supreme Court ruling, but I wonder how it might apply to this case.

Lawsuit 98

Lawsuit Court Machine learning Defendant 98

Eric Goldman

SEPTEMBER 26, 2024

After hearing this allegation at least twice, the Court instructed plaintiffs’ counsel to go present proof of such a bribe and to specifically subpoena the banks that were allegedly involved in laundering the bribe. This is the basic reason that summary judgment, at long last, must be GRANTED to Meta defendants.

Court 111

Court Judge Defendant Hearing 111

Eric Goldman

JUNE 8, 2024

This case hit my alerts because of its discussion about keyword advertising, but first, I have to digest how the court got there. The court said that the trademark owner had been using the trademark since 1985 and registered the trademark in 2006. ” Say what? ” Uh oh. ” UGH. ” UGH.

Lawsuit 129

Lawsuit Defendant Court Litigator 129

Eric Goldman

APRIL 13, 2023

I imagine other prisons have this policy too, but they aren’t defendants in this case). The court says this interpretation of the policy may violate the prisoner’s First Amendment rights. ’ Court Replies: ‘Free the Emojis’–Taliani v. FreeTheEmojis. Case citation : Taliani v. Dortch, 2023 U.S.

Court 103

Court Defendant Law Law 103

Eric Goldman

NOVEMBER 27, 2024

At this point, the plaintiffs are arguing that their claims belong in state court because their allegations are too weak to support Article III standing for federal court. The court also says Amazon’s permission to write reviews may conflict with the trademark restriction, another misreading. the not-as-a-mark doctrine).

Defendant 77

Defendant Law Law Court 77

Eric Goldman

FEBRUARY 18, 2024

The court says, per Taamneh v. Twitter , “the Court [referring to himself in the third person] paid insufficient heed to the requirement that Kelly Toys provide proof of the Alibaba Defendants’ knowledge.” The Court’s contempt Order was therefore improper under Rule 65(d)(2)(C) and must be vacated.

Judge 111

Judge Defendant e-records Court 111

Eric Goldman

NOVEMBER 25, 2024

Toyota brought a SAD Scheme case against 103 defendants before Judge Daniel in the Northern District of Illinois. If these justifications sound familiar, it’s because these are the generic rotely-made defendant-unspecific allegations that are copied and pasted into most SAD Scheme complaints. .” Seriously, Toyota?

Defendant 52

Defendant Judge Court Lawsuit 52

Eric Goldman

MARCH 19, 2024

Here’s the court’s entire Section 230 “analysis” (as opposed to its recap of the parties’ arguments): plaintiff has set forth sufficient facts with regard to each defendant to allege viable causes of action under a products liability theory.

Defendant 111

Defendant Judge Court Litigation 111

Eric Goldman

MARCH 6, 2024

Tomelleri (who has appeared on this blog before ) illustrates fishes (see court exhibit on the right). Note: this case is functionally moot because the defendant, Sunfrog, is already defunct. The question on the table is supposed to be: did the defendant take a legally significant action that resulted in the infringement?

Defendant 119

Defendant Judge Lawsuit Court 119

Eric Goldman

AUGUST 30, 2023

The court denies a preliminary injunction. Though the court says it’s a close question, the court says that the plaintiff does not have a likelihood of success on the merits. To analyze this, the court applies the standard likelihood of consumer confusion factors. ” Defendant intent. Not relevant.

Lawsuit 98

Lawsuit Court Defendant Litigation 98

Eric Goldman

MARCH 12, 2023

The court’s 230 analysis is a little garbled, but 230 applies to third-party reviews. The court responds: “the nature of the information communicated by the letter grade would lead a reasonable person to believe that BBB was expressing an opinion.” .” Section 230. Defamation.

Defendant 122

Defendant Mediator Court Lawsuit 122

Eric Goldman

FEBRUARY 11, 2024

The plaintiff doesn’t indicate whether or not WGNAFM’s photo usage was licensed, but the court seemingly wouldn’t care if it was. Breitbart , the court says that “reposting” on “social media” is enough to find copyright infringement in a default judgment. All excellent points. It no-showed.

Defendant 115

Defendant Court Litigation Litigator 115

Eric Goldman

MARCH 8, 2024

The SAD Scheme involves a trademark owner suing dozens/hundreds of defendants using a sealed complaint, getting an ex parte TRO, and then having the online marketplaces freeze the defendants’ accounts and money. First, the trademark rules on the street can differ widely from the doctrines drawn up in appellate courts.

Defendant 111

Defendant Judge Failure-to-appear Court 111

Eric Goldman

FEBRUARY 22, 2024

With the CAS’s demise, both sides essentially bet that the courts would side with them. The appeals court rejected the vicarious claims but upheld the contributory claims. Vicarious Infringement The appeals court says that Cox lacked the requisite “direct financial interest” in subscribers’ infringements.

Defendant 119

Defendant Court Failure-to-appear Lawsuit 119

Eric Goldman

AUGUST 19, 2024

The district court dismissed the case on several grounds. The opposite of “copying-in-fact” is independent creation, i.e., the defendant independently executed a similar output to the copyright-protected work. Morford argued that the works were “strikingly similar” so that access to his works could be inferred.

Defendant 122

Defendant Court Law Law 122

Eric Goldman

APRIL 3, 2024

The US government brought a civil lawsuit against the defendants for 203 violations. A reminder that if the US government had prosecuted the defendants for violating the Clean Air Act, Section 230 would have been irrelevant (it doesn’t apply to federal criminal prosecutions). The defendants sell this hardware. It doesn’t work.

Lawsuit 98

Lawsuit Defendant Court Software 98

Eric Goldman

AUGUST 22, 2023

district court granted summary judgment for the Copyright Office in Thaler v. copyright law protects only works of human authorship, and the defendant, Stephen Thaler, expressly told the Copyright Office that the work at issue, titled “A Recent Entrance to Paradise,” “lack[ed] traditional human authorship.” Perlmutter , No.

Court 98

Court Defendant State law Software 98

Eric Goldman

MAY 8, 2024

The court concludes that this as a surprisingly easy Section 230 dismissal: ICS Provider. “Courts within the Second Circuit have routinely found that social media websites and online matching services are interactive computer services.” ” Cites to Mosha v. Publisher/Speaker Claims. Publisher/Speaker Claims.

Failure-to-appear 105

Failure-to-appear Defendant Judge Court 105

Eric Goldman

JUNE 12, 2024

had been mostly invisible in court opinions. recently started showing up more in court opinions–but not necessarily in a good way. of their cases in state court. I can only see the cases filed in or removed to federal court, and only then when the cases trigger one of my alerts. the defendant’s home court.

Court 75

Court Defendant Litigation Law 75

Eric Goldman

SEPTEMBER 29, 2024

The defendants sought to overturn the jury verdict. Fair Use Nature of Use “Defendants’ use of the tattoos was clearly commercial.” This was evident with Defendants’ “Create-A-Superstar” feature which enabled a user to take the tattoos and apply them to their own custom wrestler avatar. ” Really?

Defendant 116

Defendant Intellectual Property Court Judge 116

Eric Goldman

JULY 19, 2024

Take a look at the numbers: Amazon restrained $155k+ of the defendant’s money. That’s just for one of the many defendants in this case. I wonder if the court realized just how much money would be affected by its earlier orders? “Defendant admits that it profited $32.30 Would fair use apply? Alibaba N.D.

Defendant 96

Defendant Judge Court Lawsuit 96

Eric Goldman

DECEMBER 11, 2023

The low grade the court earned is a consequence of it losing many points by misstating the law, misapplying the law, and especially skipping over the part where it was supposed to share its analysis and instead just stated its conclusion. Nope, the Supreme Court didn’t say that. MSCHF Prod. Studio, Inc. LEXIS 32063 (2d Cir.

Defendant 130

Defendant Court e-records Analytics 130