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gavel_judgment_channel

Court hearing on Icahn's Dell buyout block set for Friday

Carl Icahn's attempt to get the courts to intervene speedily in Michael Dell's bid to take the firm private has been delayed until Friday. The Delaware Court of Chancery has scheduled a conference for Friday on Icahn's request for an expedited hearing in the case. The activist investor wants the court to stop Dell from changing …
European Union Flag

Stop the Microsoft, Skype wedding, screams enraged Cisco in court

Cisco and Italian ISP Messagenet will try to convince a European court today that it should overturn the EU's approval of Microsoft's acquisition of VoIP biz Skype. The firms will attempt to get the Euro beaks to reverse the European Commission's clearance of the $8.5bn gobble in 2011 without any concessions. Networking giant …
Dell logo in crosshairs

Michael Dell accuses Icahn of using court as takeover tool

Michael Dell has accused Carl Icahn of filing "undefined" legal action solely as a tool to help him take over Dell, and said the investor was "grandstanding" in a bid to stop the company from going private. In a court filing, Michael Dell said the action was "just another soapbox for Mr. Icahn's public spat," and a tactic …
Iain Thomson, 08 Aug 2013
Dell logo in crosshairs

Icahn suggests pumping Mikey Dell for dollars hard over a court bench

Activist investor Carl Icahn has urged his fellow Dell shareholders to join him in trying to get a higher price for their stockholdings in court. Icahn has written a letter to investors telling them they should reject the $24.4bn buyout offer to take the firm private lodged by company founder Mike Dell and Silver Lake Partners, …
gavel_judgment_channel

EMC lobs sueball at Pure, tells court: Look what they told EL REG

Just days before it launches its XtremIO flash array, EMC is suing flash array startup Pure Storage for allegedly improperly recruiting EMC staff, and also accuses it of encouraging ex-EMCers to use its confidential data – and it has cited The Register in its complaint. It has also accused Pure of interference with its business …
Chris Mellor, 06 Nov 2013
2e2

Channel biggun 2e2 dragged to county court over £14,000 debt

Reseller-cum-integrator 2e2 has been handed a County Court Judgment (CCJ) over the late settlement of a £14,000 debt. The CCJ lodged at the Northampton County Court's money claims centre must be resolved inside 30 days of 15 September. Failure to do so means the debt is not scratched off the register even after it's been paid …
Paul Kunert, 21 Sep 2012

Former staffers of titsup Brit IT giant 2e2 haul administrator to court over pay

A group of former 2e2 staff are set to discover next week at an employment tribunal how successful they've been in efforts to recover monies they claim are owed to them by administrator FTI Consulting. The 200-strong bunch will have their case heard in Reading on 17 September under the representation of Jenny Andrews at Andrews …
Paul Kunert, 11 Sep 2013
gavel_judgment_channel

2e2 staffers get day in court over unpaid pre-meltdown wages

Hundreds of former 2e2 UK employees will be told just days before Christmas at a Reading tribunal whether wages owed to them will be paid in full or not. There are some 356 claimants of 2e2 UK Ltd, Oakley Capital Ltd, Daisy Data Centre and Telefonica, a clerk at Reading tribunal told The Channel. The hearing date has been set …
Paul Kunert, 24 Sep 2013
Angry old man

IBM was wrong to force UK workers off final salary pensions – judge

A UK High Court judge has said that IBM breached its duties to Brit workers with a company pension by kicking a quarter of them off its final salary scheme in 2009. IBM's "Project Waltz" was implemented in 2009 to help the company meet its 2010 target for earnings per share (EPS) and cut costs. The scheme cut benefits to …

Oracle scores mixed bag in Rimini Street software IP 'theft' ruling

Oracle has been handed a partial victory in its IP violation case against software support provider Rimini Street. A US court hearing Oracle's case has issued a summary judgment saying that in two of the four incidents cited by Oracle, Rimini was in the wrong. Oracle claimed to have identified illegal copies of its software …
Gavin Clarke, 18 Feb 2014
sea_hp_sink

European HP workers take IT giant to court over 'high handed' job cuts

HP's European Works Council* is suing the firm and terminating its works council agreement with the global giant, claiming HP has obstructed the European consultation process over its mega redundancy programme. It now plans to negotiate a new agreement under more recent legislation. Globally around 27,000 29,000 HPers will …
Paul Kunert, 12 Nov 2012
fingers pointing at man

Data Retention Directive CLASHES with EU citizens' privacy rights, says top lawman

A seven-year-old EU directive that requires telecoms outfits to retain details of phone calls and emails - such as traffic and location - clashes with the 28-member bloc's privacy rights for citizens, a Court of Justice Advocate General has said. Pedro Cruz Villalón believes that the 2006 data retention directive "constitutes a …
Kelly Fiveash, 12 Dec 2013
gavel_judgment_channel

Samsung wins right to delay UK appeal in Apple dispute

A UK court decision over whether European patents owned by Samsung are valid and have been infringed by its rival Apple has been delayed until other proceedings before the European Patent Office have been concluded. The Court of Appeal granted Samsung's application for a stay of the UK proceedings until the EPO decides whether …
OUT-LAW.COM, 18 Mar 2014

Apple execs: 'Consumers want what we don't have'

The latest patent row between Apple and Samsung is showing the unpleasant details of the ongoing market battle between the two consumer electronics giants. In documents submitted to the San Jose District Court, internal memos from the two firms show that Samsung has become fixated on Apple more than any other competitor in the …
Shaun Nichols, 07 Apr 2014
European Union Flag

Euro judge flings out Cisco beefs against Microsoft-Skype deal

Cisco’s European challenge to Microsoft’s acquisition of Skype has been thrown out by a judge. The European Court of Justice ruled on Tuesday that Microsoft’s ownership of Skype doesn’t damage competition in either the consumer or video communications markets. “Microsoft’s acquisition of Skype is compatible with the internal …
Gavin Clarke, 11 Dec 2013
Suitcase bulging with cash

Samsung chairman wins £500m legal fight with brother

A legal battle that threatened Samsung's stability has ended after company chairman Lee Kun-hee’s brother decided not appeal a court decision against him. Older sibling Lee Maeng-hee ended the two year legal dispute over their inheritance by accepting a Seoul appeal court’s decision to reject his demand for a 940 billion won (US …
Phil Muncaster, 27 Feb 2014

Microsoft drags 9 resellers to court in fresh piracy blitz

Microsoft has its sights trained on another bunch of Chinese software pirates, this time pitting its formidable resources against nine resellers it said installed illegal copies of Windows onto PCs they sold. Redmond said it started proceedings against the resellers in seven cities across the People’s Republic including Shenzhen …
Phil Muncaster, 11 Jul 2012
management regulation1

Systemax director Carl Fiorentino bribery trial moves to Florida

The trial of former Systemax director Carl Fiorentino has been moved from New York to Florida, where he was based when the alleged bribery offences are claimed to have occurred. Fiorentino, a one-time president of subsidiary Tiger Direct, stands accused of pocketing more than $7m in kickbacks from component suppliers in Taiwan …
Paul Kunert, 14 Jan 2014
graph up

Apple faces Germany ban after court no-show

Sales of iPhones and iPads are on the brink of being banned in Germany as a result of a court battle over Apple's alleged infringement of Motorola patents - but the fruity fondleslab maker reckons it can get the injunction suspended even though it failed to turn up. The German hearing on Friday was brought about by Motorola …
Bill Ray, 07 Nov 2011

UK storage integrator Glasshouse Tech goes titsup

Glasshouse Technologies has called the administrators into its UK ops after directors exhausted all possible solutions to heal the sickly infrastructure services integrator. El Chan can reveal that KPMG Restructuring answered the cries for help on 27 March just days before Glasshouse was due to attend a winding up petition at …
Paul Kunert, 02 Apr 2014
Dunce

Second-hand software broker: OK Microsoft – we made a mistake

Recycled software broker Discount-Licensing says it fell foul of trademark copyright laws by importing Microsoft licences from the US but reckons its "core" business is squeaky clean and outside the clutches of litigators. It emerged this week that the Birmingham-based small biz trader coughed a "significant sum" in damages and …
Paul Kunert, 05 Feb 2014
Old Bailey Lady Justice

Germany: SAP's software licensee conditions are INVALID

A court in Germany has ruled that terms that software giant SAP stipulated in its software licensing contracts were invalid after finding that they ran contrary to EU copyright principles. The regional court of Hamburg upheld complaints made about SAP's licensing terms by German software reseller Susensoftware GmbH. …
OUT-LAW.COM, 05 Dec 2013
graph up

Microsoft's Word fight opens in US Supreme Court

Microsoft has tried to persuade judges in America's top court that those defending against patent litigation cases should be held to a lower burden of proof than at present. A lawyer representing Microsoft at the Supreme Court told judges on Monday they should reject the long-held need for a defendant in patent-infringement …
Gavin Clarke, 18 Apr 2011
Cthulu springs from HP desktop printer

Yes, HP will still sue you if you make cartridges for its inkjet printers

HP is trumpeting new victories in its longstanding war against makers of ink cartridges that work in its inkjet printers, having scored recent legal wins in Germany and Poland. The dead-tree-coloring king said on Tuesday that it had closed two separate lawsuits with German firm BestUse, which failed to mount any kind of defense …
Neil McAllister, 29 Jan 2014
management regulation1

Juniper jury sinks Palo Alto Networks case, for now

Juniper Networks' patent case against Palo Alto Networks is in abeyance for now, after a US judge declared a mistrial because the jury couldn't reach a unanimous verdict. The case was over US patents 8,077,723, 7,779,459, 7,650,634, 7,302,700, 7,093,280 and 6,772,347, which Juniper said PAN was infringing. PAN was founded by …

Misco Shared Services Centre drone brands customer 'insane'

A series of customer service blunders by Misco ended with the box-flinging dealer branding a customer "insane". Ross McKillop, a director for a couple of small firms north of the border, ordered a Jabra Pro 9470 Mono headset in November and received confirmation it was on backorder and due to ship on 3 March. But when the …
Paul Kunert, 14 Apr 2014
gavel_judgment_channel

Apple threatens ANOTHER Samsung patent lawsuit

After a US judge refused Apple's request to add the Galaxy S 4 to the list of products for which Cupertino accuses Samsung of infringing upon its patents, Cook's crew is threatening to fire up yet another lawsuit against the Korean smartphone and tablet rival. US Magistrate Judge Paul Grewal turned down Apple's petition to add …
Rik Myslewski, 27 Jun 2013
homeless man with sign

Court orders trader to repay customers after failure to deliver goods

A court has ordered an online trader to refund consumers to whom he failed to deliver goods or pay refunds, the UK's consumer protection regulator the Office of Fair Trading (OFT) has said. Pavan Arora must payback customers who bought technology products via websites he operated, the Cardiff County Court ordered, according to …
OUT-LAW.COM, 27 Jun 2011
Prison window

IT finance bod coughs to slurping £130k from customers' accounts

IT finance provider Syscap account manager Leigh Jones has been sentenced to 24 months in jail after pleading guilty to nicking more than £100,000 from customers. Jailbird Jones, 40, found that his six-figure earnings weren't enough to fund his spiralling gambling habit. A clerk at Chester Crown Court confirmed to us that Jones …
Paul Kunert, 08 Nov 2013
gavel_judgment_channel

Former Systemax bigwig Carl Fiorentino to fight bribery allegations

Former Systemax director Carl Fiorentino has pleaded not guilty to federal charges that he pocketed millions of dollars in backhanders in return for directing trade towards specific PC component makers. Fiorentino appeared in the Eastern District Court of New York on Monday to face allegations made last month that he made more …
Paul Kunert, 10 Jul 2013
apothekerCHANGES2

HP settles lawsuit after Mad Leo's WebOS and PC biz shenanigans

HP has agreed to pay $57m to shareholders miffed by the management of Leo Apotheker. This comes after the plaintiffs sued the firm for defrauding them by abandoning its business model. The investors launched a class action suit after former chief Apotheker shocked them, and the rest of the tech world, by announcing plans in …

Will Elpida be gobbled by a rival or get a multi-billion cash jab?

A court in Tokyo has once again postponed the decision on whether to allow US firm Micron to slurp bankrupt DRAMmurai warrior Elpida Memory. Micron agreed to rescue the firm back in July, offering $2.5bn (¥200bn, £1.6bn) to take it over. But bondholders claim that the offer is totally unfair and doesn't value Elpida highly …
WD My Passport 2TB

WD slips bullet between teeth, gets ready to hand $706 MEELLION to Seagate

Western Digital is preparing to pay Seagate $706 million for using Seagate trade secrets. Needless to say WD is appealing against the Arbitration Court’s decision in favour of Seagate but may have to cough up the readies if its petition for review with the Minnesota Supreme Court fails. If that happens then WD’s net income for …
Chris Mellor, 30 Oct 2013

Judge shoots down Oracle's Solaris support 'trafficking' claim

Oracle has suffered a setback in its latest attempt to reserve the Solaris support business for itself. A US court has thrown out part of a lawsuit it lobbed against Terix and Maintech that alleged they’d duped users by saying they were allowed to fix and update Solaris. According to Oracle, Terix, with Maintech’s knowledge, “ …
Gavin Clarke, 23 Jan 2014

Oracle: We WON grey market software and Solaris support case

Oracle is claiming victory in a case of alleged grey market trading against a US business that sells network, software and services management support to the enterprise. ServiceKey and its CEO Angela Vines inked a settlement deal with Larry's lot at the end of last month. The lawsuit was filed by Oracle in February 2012, with …
Paul Kunert, 19 Jun 2013

Microsoft tops list of software piracy nailed in UK by FAST

The Federation Against Software Theft (FAST) - which investigates whistleblowers' allegations of organisations and individuals using pirated software - said half of the copyright-infringement claims it dealt with last year that were settled out of court involved Microsoft wares. The federation today disclosed its stats for the …
Paul Kunert, 29 May 2013
Dell logo in crosshairs

Icahn sues Dell's board over Big Mike's buyout bid

Activist investor Carl Icahn and his affiliates have filed a legal complaint against Dell and its board members in his latest attempt to thwart Big Mike's efforts to regain control of the PC behemoth. Icahn filed in Delaware's Court of Chancery on a number of counts. One of these is a request for the court to to stop Michael …
gavel_judgment_channel

Former Systemax exec faces second probe by Feds

Former Systemax exec Carl Fiorentino, the man currently contesting charges of fraud related to his work at his former company, is the subject of a second federal probe, according to a recent US court filing. This second probe was mentioned by his legal team at Pinera-Vazquez Law Firm in its petition to move the venue of the …
Paul Kunert, 31 Oct 2013

Oracle loses appeal in HP row over Itanium

Oracle's last-ditch effort to wriggle out of a judgment requiring it to continue support for HP's Itanium-based servers has failed, leaving only the issue of damages to be resolved. In August 2012, a San Jose, California court ruled that Oracle had violated the terms of its contract with HP when it announced that it would no …
Neil McAllister, 01 Feb 2013

Ex-Systemax veep cuffed, charged with $230m fraud

Carl Fiorentino, a former president at reseller Systemax, has been charged with accepting bribes worth millions of dollars in return for directing $230m worth of business to certain components suppliers. He was arrested yesterday and released on a $1m personal surety bond. If the name sounds familiar, that's because it is: his …
Paul Kunert, 19 Jun 2013
European Union Flag

EU rejects Oracle secondhand software licence grab

An attempt by Oracle to stop the sale of secondhand licences on software downloaded over the internet was rejected today by the community's highest court. European Union Flag The court's ruling hinges on the EU directive on the legal protection OF of computer programs. Image by Dimitar Nikolov In its judgment today, the …
Drew Cullen, 03 Jul 2012
balaclava_thief_burglar

Boss at 'Microsoft' scam support biz told to cough £000s in comp

A fraudster who conned consumers, particularly silver surfers, into parting with cash to fix phantom PC bugs was handed a suspended sentence on Friday and ordered to pay thousands of pounds in costs and compensation. The national e-crime squad based in Yorkshire, together with ActionFraud, brought the case against Mohammed …
Paul Kunert, 31 Mar 2014

Microsoft claims victory over second-hand software broker

Discount-Licensing, a broker of recycled software and member of FAST, has coughed a "significant sum" to settle a trademark infringement case that Microsoft took to the British High Court, a legal counsel for the titan has claimed. The Birmingham-based reseller says it trades in Microsoft Open, Select and Enterprise volumes …
Paul Kunert, 03 Feb 2014

AMD lawsuit claims spying ring took secrets to Nvidia

AMD is suing four former managers for intellectual property theft, claiming that they set up a spying ring within the company before jumping ship and joining its rival, Nvidia. "This is an extraordinary case of trade secret transfer/misappropriation and strategic employee solicitation," reads AMD's court filing in Massachusetts …
Iain Thomson, 16 Jan 2013

Broker accuses FAST of scaring users off secondhand software

The Federation Against Software Theft is talking up the dangers of buying recycled software, claiming that existing laws are insufficient to protect firms that opt for recycled licences. The trade group initially weighed into the debate last week, ripping up software broker Discount Licensing's (DL) membership after it settled a …
Paul Kunert, 12 Feb 2014
Prison window

Euro chief of scandal-smacked Serco leaves as cop probe continues

It is a case of out with the old and in with the er...old after Jeremy Stafford, the European boss at outsourcing giant Serco, got on his bike, leaving current UK COO Andrew White as his replacement. These are tough times for Serco, which is the subject of a probe by the Ministry of Justice and subsequently the Met into fraud …
Paul Kunert, 22 Nov 2013
gavel_judgment_channel

NetApp chucks sueball at upstart rival Nimble Storage, former staffers

NetApp is suing hybrid array startup Nimble Storage along with three of its former employees, and has alleged in a filing that its rival has been poaching its staff. In a complaint filed on Wednesday, NetApp alleges that Nimble "encouraged NetApp employees to join the company and to take NetApp confidential information with them …
Chris Mellor, 01 Nov 2013

No anon pr0n for you: BT's network-level 'smut' filters will catch proxy servers too

BT's new network-level nudie no-no filter system will block access to sites promoting proxies and anonymisers, The Register has learned. However, the one-time national telco has insisted that it won't choke VPN connections over its network now that its Parental Controls service, using DNS lookup technology, is in place. On …
Kelly Fiveash, 17 Dec 2013
For Sale sign detail

Software re-sale restricted by US Court of Appeals

Software company Autodesk can stop a man from re-selling second-hand copies of its software because the programs are licensed to users, not owned by them, a US appeals court has ruled. Software producers who clearly impose restrictions on buyers and make it clear that buyers are only licensing material rather than buying it …
OUT-LAW.COM, 13 Sep 2010
management regulation1

Jury: Samsung must cough $290m of $379m Apple wanted - NOT in 5 cent pieces

After three days of deliberation, the jury in Apple's patent fight with Samsung has determined that the South Korean chaebol will have to pay Cupertino $290m in damages and lost profits after pinching its designs. "For Apple, this case has always been about more than patents and money. It has been about innovation and the hard …
Iain Thomson, 21 Nov 2013

Opinion

Chris Mellor

Drives nails forged with Red Hat iron into VCE's coffin
Sleep Cycle iOS app screenshot

Trevor Pott

Forget big-spending globo biz: it's about the consumer... and he's desperate for a nap
Steve Bennet, ex-Symantec CEO

Chris Mellor

Enormo security firm needs to get serious about acquisitions

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