4th Cir.: ACA contractor was immune from TCPA claim

April 27, 2018 Comments Off on 4th Cir.: ACA contractor was immune from TCPA claim (access required)

A U.S. Department of Health & Human Services contractor that used an auto-dialer to send pre-recorded messages about the availability of health insurance enjoyed derivative sovereign immunity for what may have otherwise been a TCPA violation. Background The Affordable Care ...

Tagged with: 4th U.S. Circuit Court of Appeals Business Law Judge Henry F. Floyd Telecommunications

EDVA: Patent claims trimmed, damages theory rejected

April 2, 2018 Comments Off on EDVA: Patent claims trimmed, damages theory rejected (access required)

In advance of an upcoming jury trial, a plaintiff could not prevail on claims related to one of its asserted patents, and the court refused to present its proffered theory of damages to the jury. Background In this patent-infringement case, ...

Tagged with: Corporate Intellectual Property Judge John A. Gibney Jr. Telecommunications U.S. District Court - Eastern District

4th Cir.: Ambiguous terms required extrinsic evidence analysis

March 26, 2018 Comments Off on 4th Cir.: Ambiguous terms required extrinsic evidence analysis (access required)

A media company had the right to terminate its distribution agreement when the distributor sent Discovery Channel programming over the “open internet.” Extrinsic evidence weighed strongly against the distributor’s contention that the contract allowed this distribution method. Background This case ...

Tagged with: 4th U.S. Circuit Court of Appeals Contract Judge Albert Diaz Telecommunications

4th Cir.: No vicarious liability for sellers’ TCPA misconduct

March 26, 2018 Comments Off on 4th Cir.: No vicarious liability for sellers’ TCPA misconduct (access required)

Even though discovery was still open at the trial level, class-action plaintiffs could not present evidence creating a triable dispute about whether security-system manufacturers were vicariously liable for retailers’ TCPA violations. Background Appellee UTC Fire & Security Americas Corp. sold ...

Tagged with: 4th U.S. Circuit Court of Appeals Business Law Consumer Protection Contract Judge Allyson K. Duncan Telecommunications

EDVA: Targeted-ad methods too abstract for patents

March 16, 2018 Comments Off on EDVA: Targeted-ad methods too abstract for patents (access required)

Three patents for “high-tech snooping” processes used for online marketing were not enforceable. The internet context didn’t establish sufficient inventiveness over conventional, abstract concepts. Background This case involves technology that helps businesses pry into peoples’ personal preferences and privacy. Advertisers ...

Tagged with: Commercial Intellectual Property Judge John A. Gibney Jr. Patent Disputes Telecommunications U.S. District Court - Eastern District