lawsuit

A federal appeals court issued a split ruling on Alcatel-Lucent's patent infringement lawsuit against Microsoft and Dell.

The U.S. Court of Appeals on Thursday issued a ruling Thursday that kicks one of Alcatel-Lucent's claims back down to the lower courts for further review. This particular allegation centers on a communications protocol (Ackerman, or 131) patent designed to allow a host computer to communicate with a "terminal device."

The appeals court, in remanding the case back to the lower courts, said the lower court erred in its construction of the term "terminal device."

The … Read more

Apple is offering a $45 credit to Canadian owners of older versions of its popular iPod, a move that strikes of deva ju over a similar settlement agreement reached in 2005 with U.S.-based iPod owners.

Under the proposed settlement, as reported in the Montreal-based Gazette newspaper, Apple Canada plans to offer a $45 credit to iPod owners who purchased their music players before June 24, 2005. The credit can be used at Apple's online retail store.

The settlement is over allegations that the iPod batteries failed after three hours in-between charges, compared with its advertised claims of … Read more

SAN FRANCISCO--Jeremy Riney, CEO and founder of Project Playlist is optimistic he will eventually license music from the big four record companies.

He continues to harbor these hopes even after three of the four largest music labels filed a copyright lawsuit against his company last month, he said at the MusicTech Summit on Thursday.

What may be helping Riney keep his cool is that he has hired Jay Berman, the former CEO of the Recording Industry Association of America (RIAA) to help shepherd Project Playlist past copyright issues, according to a source close to the company.

Berman is co-founder of … Read more

A California judge has issued a public apology and agreed to pay $100,000 to the founder of Siebel Systems for damaging his reputation in a lawsuit she filed as a lawyer in the mid-1990s.

San Mateo Superior Court Judge Carol Mittlesteadt issued a letter of apology to Tom Siebel on Thursday to express her "sincere regret for pursuing claims against you that were determined to be without merit." She also acknowledged that she "may have caused substantial expense and inconvenience, and damage to your reputation and good name."

Siebel founded business software maker Siebel Systems … Read more

How would you like having one of your main competitors sitting on your board?

That's the position Craigslist found itself in after eBay bought a 28 percent share of the online classified publication in August 2004. The relationship was cordial until last July 3, when eBay launched a U.S.-version of Kijiji, its own classified Web site and Craigslist competitor.

I thought back to that day when I heard eBay had filed a lawsuit this week against Craigslist founder Craig Newmark and CEO Jim Buckmaster. The online auction service alleged that the men tried to strip eBay of … Read more

Ann Mather, a Google board member, could well find herself on the receiving end of a Securities and Exchange Commission lawsuit regarding stock option transactions made while she was chief financial officer at Pixar Animation Studios.

"On April 23, 2008, Ann was advised by the staff of the Los Angeles office of the Securities and Exchange Commission (SEC) that it intends to recommend that the SEC initiate a civil proceeding against her, alleging violation of federal securities laws related to certain stock option transactions involving her former employer, Pixar Animation Studios," Google said in a regulatory filing Monday. … Read more

Craigslist has responded to a lawsuit filed by eBay, noting that it "came to us out of the blue," according to a posting on its craigslist blog Tuesday.

The popular online classified-ad site issued its response after eBay on Tuesday filed a lawsuit, alleging that its 28.4 percent stake in Craigslist was diluted by more than 10 percent in January. eBay, which acquired its minority stake in 2004, submitted its lawsuit under seal and, as a result, few details are readily available.

Craigslist said it was surprised by the action, stating that eBay had not attempted to … Read more

Microsoft's appeal of class certification for the "Vista capable" lawsuit was spurned Monday, according to several media outlets.

The case revolves around customers' complaints that PCs they bought before Vista was released had been advertised as "Windows Vista capable" but turned out to be capable of running only the Home Basic version of Vista, which lacks some graphics features. Computers actually needed to be "Vista Premium Ready" to run the more-complete versions of the operating system. The court will need to determine whether Microsoft knowingly created confusion over the capabilities of PCs sold … Read more

The terms of a 2006 settlement in a lawsuit against Netflix will be allowed to stand over the objections of four Netflix subscribers, according to a report by Reuters.

In the initial lawsuit, the customers accused the company of "throttling." They alleged that Netflix held up delivery of DVDs to customers who were heavier users of the service--and therefore less profitable--in order to fill orders for new customers and less frequent users.

In 2006, Netflix reached a settlement agreement, but the four Netflix subscribers challenged it, saying the attorneys' fees awarded by the trial court were "excessive&… Read more