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Mon, Apr 5th 2021 9:37am — Mike Masnick It's taken over a decade, but the Supreme Court has finally said that Google's copying of the Sun Java API for Android was clearly fair use in a 6-2 ruling (Barrett did not take part since she was not on the Court when the case was heard). The background of this case is actually kind of important to understanding what just happened, so here's a quick(ish) recap. As you'll probably know, this case began in 2010 when Oracle, which had just taken over Sun, sued Google for patent infringement. The patent parts were quickly tossed out and what remained wa...

Of all the business models that have benefited from the current pandemic, DoorDash and its delivery app-based competitors are at or near the top of the list. Yet not all restaurants are...

A federal judge has advanced a class action claiming DoorDash used its platform to deceptively divert customers from non-partnering restaurants to those that pay DoorDash a cut for each food pickup or delivery order. SAN FRANCISCO (CN) — Already struggling to survive the crippling effects of a raging pandemic, a mom-and-pop restaurant was stunned to learn last summer the food delivery app DoorDash had falsely labeled it as “closed” or “unavailable” on its platform. On Monday, the restaurant received more welcome news when a federal judge advanced its false advertising class action a...

In Hafen v. Adams (In re Hafen), 616 B.R. 570 (B.A.P. 10 th Cir. 2020), a bankruptcy appellate panel from the Tenth Circuit ("BAP") held that the bankruptcy court is the only court with subject-matter jurisdiction to decide whether a claim or cause of action is property of a debtors' bankruptcy estate. As a consequence, the BAP held that the bankruptcy court abused its discretion by permitting a state court to determine whether creditors had "standing" to sue third-party recipients of allegedly fraudulent transfers. The decision illustrates the distinction between "bankruptcy standing" and "...

In Australian Therapeutic Supplies Pty Ltd. v. Naked TM, LLC, the Federal Circuit recently denied a petition for rehearing en banc of a panel decision finding that a petitioner who contracted away its rights to unregistered marks still had standing to seek cancellation of those marks because it had a “real interest” in cancellation and a “reasonable belief of damage.” Judge Wallach dissented from the denial, expressing disagreement with the majority’s broadening of the “zone of interests” available to a party petitioning for cancellation. He also warned of the potential confus...