Tag Archives: Court

Uber heads to court in fight for London survival
December 11, 2017 12:36 am|Comments (0)

LONDON (Reuters) – Uber [UBER.UL] will defend its right to operate in London in a court hearing on Monday after the app was deemed unfit to run a taxi service and stripped of its license in its most important European market.

FILE PHOTO: A photo illustration shows the Uber app on a mobile telephone, as it is held up for a posed photograph, in London, Britain November 10, 2017. REUTERS/Simon Dawson/File Photo

Regulator Transport for London (TfL) shocked the Silicon Valley firm by rejecting its license renewal bid in September, citing its approach to reporting serious criminal offences and background checks on drivers.

Uber’s 40,000 drivers, representing around one in three of all private hire vehicles on the British capital’s roads, can continue to take passengers until the appeals process is exhausted, which could take years.

The legal battle pitches one of the world’s richest cities against a tech giant known for its forays into new markets around the world that have prompted bans, restrictions and protests, including by drivers of London’s famous black cabs.

Uber’s lawyers will begin their appeal at Westminster Magistrates’ Court on Monday, in what is expected to be a largely administrative hearing designed to set a date for a fuller hearing next year.

Chief Executive Dara Khosrowshahi has apologized to Londoners and met TfL Commissioner Mike Brown in October for what both sides described as constructive talks.

Brown told Reuters in November that “there are some discussions going on to make sure they are compliant.”

Months of legal wrangling are likely unless the Silicon Valley app, valued at around $ 70 billion with investors including Goldman Sachs (GS.N), can come to a new arrangement with the regulator.

“We continue having constructive discussions with Transport for London in order to resolve this,” an Uber spokesman said ahead of the hearing. “As our new CEO Dara Khosrowshahi has said, we are determined to make things right.”

Losing its London license was just one of many blows to Uber this year as a stream of executives left amid controversies involving allegations of sexual harassment and issues surrounding data privacy and business practices.

In Britain, Uber is looking to appoint a new boss after Jo Bertram announced her departure less than two weeks after London’s decision.

It also faces potential problems in the northern English city of Sheffield where its license has been suspended and in Brighton, southern England, where local officials extended the firm’s license for only six months to give them more time to consider the outcome of the dispute in London.

Reporting by Costas Pitas; Editing by Keith Weir

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Tech

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Tech firms tell patent court to ignore Allergan deal with tribe
December 2, 2017 12:20 am|Comments (0)

(Reuters) – Over 30 technology companies including Alphabet Inc (GOOGL.O), Amazon.com Inc (AMZN.O) and Facebook Inc. (FB.O) on Friday urged a U.S. patent court to disregard drugmaker Allergan Plc’s (AGN.N) contention that its transfer of some of its patents to a Native American tribe shields them from the court’s review.

The Allergan logo is seen in this photo illustration in Singapore November 23, 2015. REUTERS/Thomas White

Two trade groups comprised of tech industry leaders argued in a joint brief submitted to the U.S. Patent Trial and Appeal Board that the board has the right to review the validity of patents covering the dry eye medicine Restasis that Allergan transferred to the Saint Regis Mohawk Tribe in a deal announced in September.

“This panel’s statutory authority to review whether the Restasis patents were properly granted as a matter of federal law does not and should not depend on the identity of the patents’ owner,” said the trade group.

Allergan is arguing the tribe’s sovereign status means the patent review board, an administrative court, has no jurisdiction over the transferred patents. The tribe agreed to exclusively license the Restasis patents back to Allergan in exchange for ongoing payments.

Many technology companies have praised the patent court, saying it is a low-cost and efficient way to cancel dubious patents used to bring abusive lawsuits. They fear that, if upheld, Allergan’s strategy could be widely adopted and used against them.

The case before the patent board stems from a challenge to the Restasis patents brought by generic drug companies led by Mylan NV (MYL.O). Generic makers had been blocked from selling their own versions of the blockbuster medicine until the patents expired in 2024.

But a federal judge in Texas already invalidated the Restasis patents in a separate proceeding, rendering Allergan’s tribal deal effectively meaningless. The company had said it did not object to federal court review of its patents but felt the administrative process was unfair.

Despite that ruling, the Patent Trial and Appeal Board is hearing arguments on whether it must accept Allergan’s tribal immunity argument.

A group of prominent law professors, including Laurence Tribe of Harvard Law School and Erwin Chemerinsky of the University of California at Berkeley, submitted a brief on Friday siding with the tribe and Allergan.

“Far from being a scheme to shield patents from review, the agreement from the Tribe’s perspective is part of its economic development plan,” the academics said. “The Allergan-Mohawk contract reflects exactly the sort of economic entrepreneurship that Congress has been urging upon tribes.”

Reporting by Jan Wolfe; Editing by Anthony Lin and Andrew Hay

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Tech

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Austrian can't file Facebook class action suit: EU Court adviser
November 14, 2017 12:00 pm|Comments (0)

BRUSSELS (Reuters) – An Austrian law student cannot bring a class action suit against Facebook’s Irish unit over alleged privacy violations in an Austrian court, an EU court adviser said on Tuesday, but can sue the company in his home country on his own behalf.

FILE PHOTO: A 3D plastic representation of the Facebook logo is seen in this photo illustration May 13, 2015. REUTERS/Dado Ruvic/Illustration/File Photo

Arguing Facebook violated privacy rules, Max Schrems is claiming 500 euros ($ 576) in damages for each of some 25,000 signatories to his lawsuit, one of a series of European challenges to U.S. technology firms and their handling of personal data.

“A consumer who is entitled to sue his foreign contact partner in his own place of domicile, cannot invoke, at the same time as his own claims, claims on the same subject assigned by other consumers,” the EU top court’s Advocate General Michal Bobek said.

The advocate general, whose opinions are not binding but usually followed by the court, said allowing a class action suit in this case would lead consumers to choose the place of the most favorable court.

Privacy activist Schrems, who had argued that individual lawsuits on user privacy would be “impossible” due to the financial burden on users, said a ruling in line with the advocate general’s opinion would still allow him to set a precedent.

“In the advocate general’s view, I can at least bring a ‘model case’ at my home jurisdiction in Vienna, which may enable us to debate the illegal practices of Facebook in an open court for the first time,” Schrems said in a statement.

Facebook said the advocate general’s opinion supported the decision of two courts that Schrem’s claims could not proceed as a class action.

While common in the United States, class action suits are rarely recognized in Europe.

“It is not for the Court to create such collective redress in consumer matters, but eventually for the Union legislator,” the Advocate General said.

Reporting by Robert-Jan Bartunek in Brussels; additional reporting by Shadia Nasralla in Vienna; editing by Philip Blenkinsop and John Stonestreet

Our Standards:The Thomson Reuters Trust Principles.

Tech

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Court: US Government Can't Make Microsoft Reveal Cloud Data
July 14, 2016 8:20 pm|Comments (0)

The appeals ruling acknowledged that so-called cloud computing had changed the landscape for storage, letting companies hold customer data in …


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