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22 Mar, 2007 6:01 am
Yesterday, the Supreme Court depublished the Court of Appeal's opinion in Sony Electronics,
Inc. v. Superior Court (Hapner), 145 Cal.App.4th 1086 (2006). That was the decision in which the Court of Appeal discussed the
"ascertainability" prong of class certification. My original post on Sony Electronics is here.
19 Dec, 2006 6:00 am
In Sony Electronics, Inc. v. Superior Court, ___
Cal.App.4th ___ (Nov. 28, 2006), which was published yesterday, the Court of Appeal (Fourth Appellate District, Division One) reversed an order granting class certification ... as
certified, was not ascertainable. The trial court had certified a class consisting of: "All persons and entities who [bought certain Sony
laptops] in which the memory connector pins for either of the two memory slots were inadequately soldered." Slip op. at 4-5. The ...
17 Jul, 2008 12:30 pm
... matter jurisdiction. On September 8, 2005, the plaintiffs filed an action in the Southern District of California against Sony
Electronics, Inc. on behalf of two separate classes. First, a nationwide class of persons in the
United States who purchased Sony Vaio ... to certify the action to proceed as a class action on behalf of persons in the United States and
Canada who purchased Sony Vaio FX series laptops. The Court denied the Motion for Class Certification on February 22, 2007, concluding that ...
22 Mar, 2007 12:26 pm
... court erred in defining the class as "[a]ll persons or entities [in the United States] who purchased Sony Vaio GRX [Series Notebook
computers]"] in which the memory connector pins for either ... published at 145 Cal.App.4th 1086 (and two weeks after that, Sony asked the
court to add two more of its attorneys to the published opinion). In February, San ... attorney Timothy Cohelan filed a request to depublish the opinion, and as a result,
Sony Electronics, Inc. v. Superior Court (2006) 145
Cal.App.4th 1086 ...
8 Jun, 2007 6:00 am
As I reported in March, the Supreme Court depublished the Court of Appeal's opinion in Sony Electronics, Inc. v. Superior Court (Hapner), 145 Cal.App.4th 1086 (2006). The depublication request, which was
drafted by Michael Singer of Cohelan & Khoury in San Diego, is available at this link. It is very good and exemplifies the kinds of arguments the Supreme Court finds persuasive when
considering whether to depublish an opinion.
2 Mar 11:57 am
Date v. Sony Electronics Inc., 2009 WL 435289 (E.D. Mich.)
The court rejected a proposed class action settlement because it didn't give ... offered three benefit levels. If a class member (purchaser/recipient) called Sony before January 8, 2008 and specifically complained about the 1080p input and ... 1080p capable TV set or compensation for the premium they paid for a
1080p set. Sony's basic argument defending the reasonability of the settlement was that the settlement was good for the class because ...
11 Aug 1:52 am
... company Bandspeed, Inc. has filed a patent infringement suit against Sony Electronics Inc., Nintendo of America, Inc. and Apple, Inc. In the suit, Bandspeed alleges that the Sony PS3, Nintendo Wii and Apple iPhone 3G all infringe upon two of
Bandspeed's patents. The patents are U.S. Patent No. 7,027,418 ( ... a pair of participants. We'll keep you posted as we learn more. The suit is Bandspeed, Inc. v. Sony Electronics Inc. et
al., No. 09-593 (W.D.Tx filed Aug. 7, 2009).
15 Jun 3:00 am
In SONY BMG Music Entertainment v. Tenenbaum, the Court has (a) dismissed all of defendant's proposed counterclaims, and (b) allowed defendant
to assert a fair use defense. ... the fair use issues. The Court's orders are as follows: Judge Nancy Gertner: Electronic ORDER entered granting [670] Motion to Dismiss
Counterclaims Asserted By Defendant Joel Tenenbaum ... does not constitute an abuse of process. See Vahlsing v. Commercial Union Ins. Co., Inc., 928 F.2d 486, 490 (1st Cir. 1991) ("[w]hen process ...
5 Apr 5:10 am
... , Massachusetts. Update 4/9/9: "MP3 File of First Circuit oral argument in SONY v. Tenenbaum now available online" January 14, 2009, Order
and Decision ... , New York Times, Courtroom Television Network, Dow Jones & Co., Gannett Co. Inc., The Hearst Corp., Incisive Media,
National Public Radio, NBC Universal Inc., ... Post, and other news organizations Order granting motion to submit amicus brief by
Electronic Frontier Foundation and other organizations Order granting motion to submit amicus brief ...
8 Apr 2:35 pm
The audio of the April 8th oral argument before the US Court of Appeals for the First Circuit in SONY BMG Music Entertainment v. Tenenbaum, on
the subject of whether an oral argument in the District Court can be streamed online, is now ... brief of AP, NYT, Washington Post, and other news organizations Order granting motion to
submit amicus brief by Electronic Frontier Foundation and other organizations Order granting motion to submit amicus brief by Courtroom View Network Order staying proceedings ...
22 Jul 3:17 am
... to suppress the MediaSentry evidence has been denied in SONY BMG Music Entertainment v. Tenenbaum. Judge Nancy Gertner: Electronic
ORDER entered denying [853] Motion to ... are invoked, the Court previously considered a similar motion to strike in London-Sire Records, Inc.
v. Arista Records LLC, Case No. 04-12434, holding that "[n]either the ... the state statutes he identifies. That leaves only the federal wiretapping provisions. See Electronic
Communications Wiretap Act, 18 U.S.C. 2510 et seq. Here, ...
14 Jul 12:25 pm
... -party licensing agreements, but denied so much of the motion as sought to keep the revenue information secret: Judge Nancy Gertner: Electronic ORDER entered granting in part
and denying in part [870] Motion for Protective Order: The Plaintiffs' Motion for a ... prospects when three of the four biggest record labels in the world -- Warner Bros. Records,
Sony BMG Music Entertainment, and UMG Recording, Inc. -- are participating jointly in this lawsuit
and, presumably, would have joint access to this ...
26 Aug 5:47 pm
The Wired Campus - "The new feature involves a service by a company called OverDrive Inc., which distributes electronic books to about
9,000 libraries, about 100 of which are academic libraries.Now libraries that use the OverDrive service will give patrons the option of downloading the e-books to their Sony Readers. A few weeks after a user checks out a book, the loan period ends, and the e-books are removed from the user's collection."
30 Jun 5:58 am
... Grateful Dead lyricist John Perry Barlow has been granted, in SONY BMG Music Entertainment v. Tenenbaum. The court's order is as follows:
Judge Nancy Gertner: Electronic ORDER entered granting [855] Motion to Strike. "The Plaintiffs' Motion to Exclude Defendant's Expert John Perry ... , as completely as possible,
and the specific foundation for his opinions. See Ciomber v. Cooperative Plus, Inc., 527 F.3d 635, 641 (7th Cir. 2008). The Rules of Civil
Procedure require Barlow to ...
26 Jun 12:42 am
Bloomberg reports: CalTech sued six digital-camera companies, including Canon Inc. and Nikon Corp., seeking royalties on 11 patents related to
digital-camera technology. Some of the inventions relate to pixel sensors that improve electronically transmitted images and came from research CalTech did for the National
Aeronautics and Space Administration, according to information on the patents. In separate June 23 ...
25 Aug 12:13 pm
... . 337-TA-683). The investigation is based on a July 27, 2009 complaint filed by BTG International Inc. ("BTG") of West Conshohocken,
Pennsylvania. As we explained in our July 28 post, the complaint ... , New Jersey Research in Motion, Ltd. of Canada Research in Motion Corp. of Irving, Texas Sony Corp. of Japan Sony Electronics, Inc. of San Diego, California Transcend Information, Inc. of Taiwan On August 24, 2009, Chief ALJ Paul J. Luckern
issued a notice indicating that ALJ Theodore R. Essex will ...
28 Aug 3:09 pm
... entered into on behalf of Finnegan's clients in a prior litigation, Sony Corporation, Sony EMCS
Corporation, and Sony Electronic Inc. (collectively, "Sony"). Finnegan represents respondents Monolithic Power Systems, Inc., ASUSTeK Computer ... . and 02 Micro
Inc. (collectively, "O2 Micro"). Mercer was retained by Finnegan to assist the firm in defending Sony
in a patent infringement lawsuit in the Eastern District of Texas regarding three patents that, although different than the patent asserted in ...
14 Sep, 2008 3:43 pm
... schools around the country, combined with book publishers and e-book device makers Amazon and Sony Electronics Inc., are expected to gather in Seattle on Sept. 27. * * * Traditional publishers, of course, are not as
quick to write off the print ... textbook prices drive students to the on-line used-book market. Textbook publishers across-the-board are looking to moving to electronic books to
avoid this secondary market. Without the competition, prices could soar. I do think, however, that there is ...
25 Jan, 2008 1:00 am
... to the IP Thinktank Global week in Review at [feeds.feedburner.com] Highlights this week included: Chinese company Zhongyi Electronic sues Microsoft for alleged patent
infringement relating to technology that converts Roman characters to Chinese characters: ( ... a claim of trade secrets misappropriation against three defendants for allegedly passing
infringing material to defendant Sony Electronics Inc: (IP
Law360), Illumina - Summary judgment denied in patent dispute between Applera and Illumina: ( ...
4 Feb, 2008 8:23 am
... , this issue undoubtedly will become more common. By my count, there are about a dozen published (electronically or otherwise) decisions on the question. Thus far, only the
federal district courts have weighed in ... jurisdiction over the case when the issue arose in these circumstances. See Falcon v. Philips Electronics North America Corp., 489 F. Supp.2d 367 (S.D.N.Y ... action under Ohio Consumer Sales Practices Act); and Arabian v. Sony Electronics, Inc., No. 05-1741, 2007 U.S. Dist. LEXIS 67769 (S. ...
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