By Brian Kozlowski
Lawsuit Against Brooks Brothers for Falsely Marketing Ties Dismissed
The 271 Patent Blog reports that on May 14, a district court granted Brooks Brothers’ motion to dismiss an action for false marketing. Pro se plaintiff Raymond Stauffer sued Brooks Brothers under section 292 of the Patent Act, which allows damages of “not more than $500″ for each false claim that unpatented items are protected by patent. Under the Act, damages are split between the plaintiff and the government. In Brooks Brothers’ case, the unpatented items were bow ties whose patents expired in 1956. The district court granted the motion to dismiss based on a lack of “actual or imminent, not conjectural or hypothetical,” injury to the public from Brooks Brothers’ marketing claims.
Red Hat-Led Group Appeals Swiss Government’s Award of No-Bid Microsoft Contract
On May 21, Red Hat announced that a group of 18 technology companies filed an appeal with the Swiss Federal Administration Court. The appeal protests the Swiss government’s award of a three-year contract to Microsoft without a bidding process. eWeek explains that the Swiss Federal Bureau for Building and Logistics may award contracts without a bidding process when there is no adequate alternative available. The Red Hat-led group protested the assertion that no alternatives existed, pointing to many competing open source companies, some already used by the Swiss government. PCWorld discusses the rising strength of alternatives to Microsoft software.
Massachusetts Court Holds that TOS Violations Don’t Establish Probable Cause
The Electronic Frontier Foundation reports that on May 21, the Massachusetts Supreme Court granted defendant Riccardo Calixte’s motion to quash a search warrant that allowed police to seize the Boston College student’s computers and other devices. The court found no probable cause for the warrant, noting that violating a website’s terms of service (“TOS”) is not “obtaining computer services by fraud.” LinuxJournal provides a triumphant, but one-sided account of the decision. The issue of TOS violations recently received widespread media coverage in the Lori Drew “cyber-bullying” case, where a jury found that TOS violations can support criminal charges under the Computer Fraud and Abuse Act.