Apple to Pay $308.5M for Infringing Patent with Fairplay Technology

“Apple has been ordered to pay $308.5 million to Personalized Media Communications (PMC) after a federal jury in Texas came to the conclusion that the latter’s patents were infringed,” reports Campbell Kwan in ZDNet.

“One of the patents in question is a ‘method of decrypting programming at a receiver station’, which the jury found Apple had used without permission for its digital rights management technology, FairPlay.”

“Despite PMC not being a creator or seller of any products, the court found that the company was not a patent troll as it licenses its own internally invented patent on an exclusive basis.”

“The $308.5 million figure is the culmination of royalties from when Apple first infringed the patents. In addition, the jurors have also directed that Apple pay a running royalty to PMC for when the patent is used in its products, which is based on the amount of sales of a product or service.”

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HIPAA IT Compliance Guide

“What exactly are the many ongoing effects of the federal Health Insurance Portability and Accountability Act (HIPAA) on health information technology (HIT)?” asks Lori Beerman in channelinsider’s Managed Services.

“What is HIPAA? To address the emerging role of health care technology, Congress passed HIPAA in 1996. The U.S. Department of Health & Human Services (HHS) codified the following primary HIPAA rules between 2000 and 2013 to implement and refine the law’s requirements:

  1. Privacy Rule
  2. Security Rule
  3. Final Omnibus Rule (includes Enforcement Rule)”

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TikTok to Pay $92M to Settle Class-Action Suit Over ‘Theft’ of Personal Data

“TikTok has agreed to pay $92 million to settle dozens of lawsuits alleging that the popular video-sharing app harvested personal data from users, including information using facial recognition technology, without consent and shared the data with third-parties, some of which were based in China,” reports Bobby Allyn in NPR’s Technology.

“The proposed settlement, which lawyers in the case have called among the largest privacy-related payouts in history, applies to 89 million TikTok users in the U.S. whose personal data was allegedly tracked and sold to advertisers in violation of state and federal law.”

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Lawyer Tells Judge ‘I’m Not A Cat’ After a Zoom Filter Mishap in Virtual Court Hearing

A virtual court proceeding in Texas took a turn when a lawyer appeared as a cat on screen, reports Christina Zdanowicz in CNN’s US news.

“Judge Roy B. Ferguson of the 394th Judicial District Court in Texas kindly addressed the cat in the virtual room, suggesting that attorney Rod Ponton adjust his Zoom settings. The mishap on Tuesday was posted by the court’s YouTube channel.”

“‘Mr. Ponton, I believe you have a filter turned on in the video settings,’ the judge said. The small, white kitten looked sad with its concerned eyes darting back and forth. The kitten opened its mouth to speak. ‘Can you hear me judge?’ Ponton said, appearing in the cat filter. ‘I’m here, live, I’m not a cat,’ he said a few seconds later.”

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Court Upholds $1B Copyright Ruling Against ISP Cox

“Internet service provider (ISP) Cox Communications’ attempt to reduce a $1 billion award of damages for copyright infringement has failed, in a win for music companies including Sony, Universal, and Warner,” reports in World IP Preview’s News.

“The US District Court for the Eastern District of Virginia, Alexandria Division, upheld the award of damages in a decision dated Tuesday, January 12.”

“In 2018, members of the music industry including Sony, Universal, and Warner accused American ISP Cox of contributory copyright infringement and vicarious copyright infringement. The plaintiffs claimed that a total of 10,017 copyrights were infringed on peer-to-peer networks.”

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After Top Staff Exodus, Texas AG Seeks $43M for Google Suit

“The mass exodus of Texas Attorney General Ken Paxton’s top staff over accusations of bribery against their former boss has left the Republican seeking $43 million in public funds to replace some of them with outside lawyers to lead a high-profile antitrust lawsuit against Google,” reports Jake Bleiberg from the Associated Press in ABC News’ U.S. News.

“Former Paxton aides told The Associated Press that before they reported him to the FBI in September and began resigning, the lawsuit against the search engine giant was set to be handled internally by what is one of the largest state attorney general’s offices in the U.S.”

“The outside lawyers’ contracts put a price tag on the fallout from Paxton’s deputies accusing him of crimes in the service of a wealthy donor who employs a woman with whom the attorney general allegedly had an extramarital affair. It remains to be seen how much taxpayers will ultimately shell out under the complex deals.”

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Facebook Should be Broken up, FTC and States Allege in Pair of Lawsuits

“Facebook’s purchases of photo service Instagram and messaging app WhatsApp have helped fuel the social media giant’s massive growth. They’ve also prompted concerns from federal and state authorities about Facebook’s dominance in social networking,” reports Queenie Wong in CNET Daily News.

“The uneasiness with Facebook’s power bubbled over on Wednesday as the Federal Trade Commission and 48 attorneys general filed separate lawsuits in federal court accusing Facebook of illegally stifling its competition by snapping up its rivals.”

“The lawsuits are the latest sign that lawmakers and regulators are ratcheting up their scrutiny of the power that tech giants wield. In addition to Wednesday’s actions, the US Department of Justice’s antitrust division has been talking to developers about their interactions with Oculus, the virtual reality headset maker Facebook owns, Bloomberg reported last week. In October, the Justice Department filed a landmark lawsuit against Google for allegedly holding monopolies in both search and search advertising.”

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APPLEVirnetX Takes $503M Bite Out of Apple for Patent Infringement

“… a jury in Tyler, Texas, ordered Apple to pay $502.8 million in royalties for infringing on VirnetX’s patented virtual private network (VPN),” was posted on PYMNTS.com’s Apple.

“The original lawsuit, filed Aug. 11, 2010, alleged that Apple’s FaceTime and VPN On Demand features were using its patented technology. Over the years, VirnetX won various monetary awards, all of which were appealed by Apple, the report stated.”

“Initially, Nevada-based VirnetX was asking for about $700 million in royalties. Apple, however, was looking to pay no more than $113 million, the report stated.”

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FCC Fines Company $37.5M For Spoofing Calls

“On Tuesday the Federal Communications Commission (FCC) announced that it fined Affordable Enterprises of Arizona $37.5 million for making at least 2.3 million illegal spoofed telemarketing calls in a 14-month period starting in 2016 in violation of the Truth in Caller ID Act,” reports Kirsten Errick in Law Street Media’s Tech News.

“According to the FCC, the company either used unassigned phone numbers or phone numbers that in most cases ‘belonged to innocent Arizona consumers and placed them in the caller ID of their telemarketing calls.’ As a result of this purported conduct, Affordable Enterprises of Arizona ‘was able to appear to be calling from local phone numbers and to avoid receiving angry callbacks when making spoofed telemarketing calls to sell home improvement and remodeling services.’ Moreover, the FCC stated that the caller ID was manipulated to appear to come from a number not connected to the company. Additionally, calls also came from pre-paid ‘burner phones’. Regardless, Affordable Enterprises of Arizona allegedly spoofed the caller ID, so consumers were not able to correctly identify the caller.”

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DOJ Reached $46M Settlement with 5Dimes for Illegal Sports Betting

“5Dimes and the U.S. Department of Justice reached a $46.8 million settlement of an investigation into illegal US sports betting operations, as well as money laundering and wire fraud,” reports Matthew Waters in Legal Sports Report.

“The company announced an intent to enter the US sports betting market following the deal, although state regulators likely will balk at the long list of criminal activity detailed in the settlement.”

“5D Holdings and owner Laura Varela will forfeit the illegally obtained gambling proceeds as part of a settlement with the US Attorney’s Office Eastern District of Pennsylvania into the criminal investigation of 5Dimes’ offshore operations in Costa Rica.”

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Facebook Brings Suit against Developers of a Browser Extension That Harvested User Data

Facebook brought suit against two marketing analytics firms alleging the defendants developed and distributed malicious Chrome browser extensions that were essentially designed to scrape users’ data from various social media platforms … “(including Facebook and Instagram), all in contravention of Facebook and Instagram’s terms of service and commercial terms,” reports Jeffrey Neuburger in Proskauer.

“According to the Complaint, the defendants coaxed users to install their UpVoice and Ads Feed extensions by, among other things, offering gift cards in exchange for downloading and suggesting that users would become ‘panelists’ impacting marketing strategies of large companies.”

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State Gets $1.9 Million as Share of Data Breach Settlement

“Kentucky will receive more than $1.9 million as its share of a settlement with a company over a data security breach that compromised the personal information of 78.8 million Americans,” reports Steve Rogers in WTVQ’s Local News.

“Anthem, Inc. agreed to pay $39.5 million to 43 states and the District of Columbia. Kentucky will receive $1,929,942.02. In addition to the payment, Anthem has also agreed to a series of data security and adequate governance provisions designed to strengthen its practices going forward, according to Attorney General Daniel Cameron, who announced the settlement.”

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Judge Says Apple Must Face Shareholder Lawsuit

“Apple will have to face a lawsuit claiming the tech giant fraudulently concealed decreased demand for iPhones, leading to tens of billions of dollars in shareholder losses,” reports Ryan J. Farrick in Legal Reader’s Lawsuits & Litigation.

“According to Reuters, U.S. District Judge Yvonne Gonzalez Rogers trimmed the lawsuit’s scope substantially. But she maintained that shareholders may still sue Apple over Tim Cook’s comments about the iPhone’s robust performance during a November 1st analyst call.”

“The lawsuit takes particular issue with Cook’s claim that the iPhone was faring well in China through the fourth quarter of 2018, even though sales were struggling due to political tensions.”

“In her ruling, Gonzalez Rogers found it ‘implausible’ that Apple’s chief executive would not know that iPhone demand was dropping in China—especially when, days after the call took place, Apple instructed its largest manufacturers to slow iPhone production.”

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