By Breaking Legal News, Breaking Legal News.

An industrial espionage trial between Oracle Corp. and SAP AG, two of the world's biggest business software makers, ended Friday without the testimony of one of its most anticipated witnesses.

The evidence part of the three-week trial wrapped up Friday without an in-person appearance by the new CEO of Hewlett-Packard Co., Leo Apotheker, and without Oracle playing a videotaped deposition he gave.

The cat-and-mouse game of Oracle trying to force Apotheker to testify, and HP refusing to allow it, has captivated technology watchers and overshadowed Apotheker's start as head of the world's biggest technology company by revenue.

Oracle wanted Apotheker to testify because he was previously SAP's CEO.

But Oracle says that HP refused to accept a subpoena on Apotheker's behalf. HP accused Oracle of harassing Apotheker.

Oracle hired investigators to track down Apotheker, but since he started the HP job Nov. 1, he wasn't spotted close enough to the federal courthouse in Oakland, where the case is being tried, for Oracle to serve him with the subpoena. The subpoena only applies within 100 miles of the courthouse, which includes HP's headquarters in Palo Alto.

HP hasn't disclosed Apotheker's whereabouts. Representatives have repeatedly said that the company doesn't discuss its executives' travel plans.

Oracle is demanding billions of dollars in damages from SAP for software and customer support documents that SAP has admitted to stealing. SAP claims it owes only $40 million. Closing arguments are expected next week.

Originally posted at Breaking Legal News. Please visit http://www.breakinglegalnews.com/.

By Breaking Legal News, Breaking Legal News.

According to a statement from Nokia on Wednesday, "Apple's action is an unsurprising development, which seems designed to put pressure on the ongoing dialogue between both companies". It is not yet clear which patents are the subject of the suit.

Nokia was the first aggressor in the legal war, having sued Apple over the iPhone manufacturer's use of GSM, 3G and Wi-Fi patents in October 2009. Apple struck back with a countersuit in December 2009. In March 2010, a Delaware court put both lawsuits on hold to give the US International Trade Commission time to issue its own deliberation on the matter. Then, in May, Nokia expanded its original suit to include the iPad as well as the iPhone.

According to a Nokia spokesperson, Apple's UK suit "changes nothing in the fundamentals of the matter, which are rooted in Apple's refusal to respect Nokia's intellectual property and attempt to free ride on the back of Nokia's innovation".

Originally posted at Breaking Legal News. Please visit http://www.breakinglegalnews.com/.

By Breaking Legal News, Breaking Legal News.

According to a statement from Nokia on Wednesday, "Apple's action is an unsurprising development, which seems designed to put pressure on the ongoing dialogue between both companies". It is not yet clear which patents are the subject of the suit.

Nokia was the first aggressor in the legal war, having sued Apple over the iPhone manufacturer's use of GSM, 3G and Wi-Fi patents in October 2009. Apple struck back with a countersuit in December 2009. In March 2010, a Delaware court put both lawsuits on hold to give the US International Trade Commission time to issue its own deliberation on the matter. Then, in May, Nokia expanded its original suit to include the iPad as well as the iPhone.

According to a Nokia spokesperson, Apple's UK suit "changes nothing in the fundamentals of the matter, which are rooted in Apple's refusal to respect Nokia's intellectual property and attempt to free ride on the back of Nokia's innovation".

Originally posted at Breaking Legal News. Please visit http://www.breakinglegalnews.com/.

By Breaking Legal News, Breaking Legal News.

Two Los Angeles County teenagers are suing Facebook, claiming the social network effectively sold their names and images to advertisers without parental permission.

The lawsuit filed Thursday in Los Angeles challenges a Facebook feature that allows members to note that they like an advertised service or product. Facebook broadcasts those endorsements to the user's friends.

The lawsuit also claims minors unwittingly endorse Facebook when people typing their names in a search engine are steered to a Facebook sign-up page.

The plaintiffs say Palo Alto-based Facebook is violating a California law that requires parental consent for children to make commercial endorsements. The teens seek unspecified damages.

Facebook spokesman Andrew Noyes says the lawsuit is meritless. He notes Facebook doesn't allow users under 18 to let their profiles appear on public search engines.

Originally posted at Breaking Legal News. Please visit http://www.breakinglegalnews.com/.

By Breaking Legal News, Breaking Legal News.

A business consultant wants a court to force YouTube and owner Google to unmask a cyber cipher who posted what she says are unauthorized videos of her and online comments that hurt her reputation.

Carla Franklin, a former model and actress turned MBA, said in a legal petition filed Monday that she believes a Google user or users impugned her sexual mores in comments made under pseudonyms on a Columbia Business School website. Franklin says someone also posted unauthorized YouTube clips of her appearing in a small-budget independent movie.

Mountain View, Calif.-based Google Inc. said in a statement that it doesn't discuss individual cases to protect users' privacy, but it follows applicable laws.

The postings caused Franklin "personal humiliation" and hurt her professional prospects as she was job-hunting after graduating from the Ivy League business school in 2009, her legal papers say.

The video clips were innocuous but unauthorized, and she found it creepy that someone had unearthed the film and posted pieces in an apparent effort to make her uncomfortable, her lawyer, David M. Fish, said Tuesday.

Anonymity is a cherished and staunchly defended refuge for many Internet users. But a growing number of people and businesses have tried to force blogs, websites and other online entities to disclose who's trashing them, and some have succeeded.

In one case that grabbed headlines, Vogue cover model Liskula Cohen successfully sued Google in a state court in Manhattan last year to get the name of a blogger who had published comments about Cohen's hygiene and sexual habits.

Originally posted at Breaking Legal News. Please visit http://www.breakinglegalnews.com/.

By Breaking Legal News, Breaking Legal News.

JDA Software may have to pay department store operator Dillard's $246 million in a dispute over a software licensing agreement, the company said Wednesday.

JDA, which makes which makes software that helps retailers manage inventory, said a Texas jury in state district court for Dallas County came down on the side of Dillard's in a ruling Tuesday.

Dillard's Inc. charged that JDA subsidiary i2 Technologies failed to meet its obligations under the licensing agreement.

JDA said it is reviewing the decision and will seek to have it overturned.

Shares of JDA Software Group Inc. fell 70 cents, or 2.5 percent, to $27 in premarket trading.

Originally posted at Breaking Legal News. Please visit http://www.breakinglegalnews.com/.

By Breaking Legal News, Breaking Legal News.

Microsoft on Thursday lost its bid for an en banc appeal in a patent case against i4i.

The Federal Circuit Court of Appeals refused Microsoft's request to hear the case with a full panel of judges. The case stems from a battle over an XML editor in Word, which i4i said infringed on one of its patents.

"We're disappointed with the decision," Kevin Kutz, director of public affairs for Microsoft said in a statement. "As far as next steps, we continue to believe there are important matters of patent law that still need to be properly addressed, and we are considering our options for going forward."

Loudon Owen, chairman of Toronto-based i4i, said the company "is delighted by this ruling."

Originally posted at Breaking Legal News. Please visit http://www.breakinglegalnews.com/.

By Breaking Legal News, Breaking Legal News.

Sex.com, one of the most valuable Internet domain names, will go up for auction next week after the previous owner defaulted on its debts.

Escom LLC paid a reported $14 million for the Web site in 2006. But the company failed to repay debt owed to DOM Partners LLC, the New Jersey-based lender that helped finance the deal.

As a result, sex.com will be sold "as is" in the equivalent of a foreclosure sale, according to a letter from DOM Partners' lawyers that was made public Tuesday. The auction is set for March 18 in New York, and bidders are required to appear with a certified check for $1 million to participate.

Richard Maltz, an auctioneer at Maltz Auctions who is overseeing the sale, said there has been a "good amount of interest" in sex.com. But he did not say how much the Web site could sell for.

"It is a very unique property," he said. "It will be an incredible opportunity for someone."

Indeed, sex.com generated $15,000 a day in revenue at one point, according to Charles Carreon, an attorney who wrote about the Web site's legal travails in his book "The Sex.com Chronicles."

By way of comparison, the domain name www.pizza.com reportedly sold for more than $2.5 million at an auction in 2008.

Originally posted at Breaking Legal News. Please visit http://www.breakinglegalnews.com/.

By Breaking Legal News, Breaking Legal News.

Apple Inc. sued HTC Corp., which makes several Google Inc.-based smart phones, saying the cellphone maker is infringing on 20 patents related to its popular iPhone.

Taiwan's HTC has built up its brand in the recent years thanks to its early support of Google's Android operating system. It was the first company to sell an Android phone and more recently built Google's Nexus One phone, which the Internet giant is selling directly to consumers.

Apple filed complaints with both with the U.S. International Trade Commission and in federal court in Delaware. The suits seek a ban on U.S. imports, sales or use of the targeted HTC phones, as well as unspecified compensation for damages.

The company's ITC complaint claims several of HTC's devices, including the Nexus One, as well as phones running Windows Mobile infringe on its patents. The company said the patents involve the iPhone's touch-screen user interface, underlying architecture and hardware.

Originally posted at Breaking Legal News. Please visit http://www.breakinglegalnews.com/.