Respondent Jawbone Innovations opposes Google’s Nov. 7 petition for a writ of mandamus directing the U.S. District Court for Western Texas to transfer Jawbone’s patent infringement complaint to the Northern District of California, it said in a filing Tuesday (docket 23-101) at the U.S. Court of Appeals for the Federal Circuit. Google’s petition said it has a “clear and indisputable” right to mandamus relief because the Texas district court “ruled erroneously” on five of the eight “transfer factors,” and also weighed the factors improperly.

The FTC doesn't oppose the Nov. 7 motion for leave filed by two dozen states, plus the District of Columbia, for permission to enter an amicus brief in support of the FTC’s preliminary injunction request to block Meta’s Within Unlimited buy on antitrust grounds (see 2211080041), said the commission in a statement of nonopposition Wednesday (docket 5:22-cv-04325) in U.S. District Court for Northern California in San Jose. The states’ motion for leave said the FTC consented to the brief, while Meta opposed it as “purportedly untimely.”

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The flawed September 2021 finding by the U.S. District Court for Northern California that Epic Games failed in its burden to demonstrate that Apple is an illegal monopolist in the way it runs the App Store is where “the rubber meets the road” as the massive antitrust case progresses toward an appellate decision, Epic attorney Thomas Goldstein with Goldstein & Russell told the 9th Circuit U.S. Court of Appeals in oral argument Monday. Apple attorney Mark Perry of Weil countered by emphasizing the district court’s finding that elements in the App Store have procompetitive effects that offset any of their anticompetitive impacts.

The Supreme Court is likely to rule in favor of Axon in its challenge against administrative law judge proceedings at the FTC in docket 20-15662, a former FTC trial attorney and legal experts said Tuesday (see 2211070049 and 2211040042).

Amazon “misrepresents” the benefits of Prime memberships when it advertises products available for free shipping in one or two days but in reality keeps members “waiting substantially beyond” those promised turnaround times, alleged a fraud class action Thursday (docket 3:22-cv-01764) in U.S. District Court for Southern California in San Diego.

The village of Muttontown, New York, and its component boards seek a two-week delay to respond to an order asserting whether they will oppose the Nov. 2 motion to intervene from 30 resident property owners seeking to block AT&T’s construction of a 165-foot-tall cell tower (see 2211030048), said village attorneys in a letter Thursday (docket 2:22-cv-05524) to U.S. Magistrate Judge Lee Dunst for Eastern New York in Central Islip. The village, in a letter to Dunst Friday, also asked for a one-month extension to Dec. 12 to answer AT&T's complaint, citing the residents' motion as one reason for the delay.

Google misled consumers about location tracking practices for several years between 2014 and 2018, 40 state attorneys general said Monday, settling with the search giant for $391.5 million.

The FTC’s Thursday policy statement boldly reasserting the agency’s FTC Act Section 5 authority to rigorously enforce the federal ban on unfair methods of competition is grounded in the Supreme Court’s interpretation of the statute in at least 12 decisions, said the agency. The statement “makes clear that Section 5 reaches beyond the Sherman and Clayton Acts to encompass various types of unfair conduct that tend to negatively affect competitive conditions,” it said.

The website of the online kitchenware store Food52.com is rife with barriers that make it inaccessible to those who are visually impaired or legally blind, in violation of the Americans With Disabilities Act, alleged Manhattan resident Ramon Fontanez in a class action Wednesday (docket 1:22-cv-09584) in U.S. District Court for Southern New York.