AOL, Inc. (NYSE:AOL): Augme plans to end its case against AOL and Tacoda which is related to the Tacoda system as acquired by AOL but only as used before AOL’s integration of the system into its own operations. On May 31, the court for the Tacoda case denied AOL and Tacoda’s motion for summary judgment holding that Augme would have the ability to prove infringement of certain limitations beneath the doctrine of equivalents. On Aug. 2, Judge Colleen McMahon ruled that the case was limited to Tacoda operations before integration into AOL’s operations. Because of the ruling, the recovery available to Augme was negligible compared to the expense involved and no prospective injunctive relief was available. To not to waste the time of the court or the parties, Augme plans to end the case and allow for the pursuit of the additional litigations against AOL. A second and separate case that was filed against AOL in 2009 now proceeds in the U.S. District Court of New York and includes U.S. Patent No. 6,594,691, “Method and System for Adding Function to a Web Page,” and United States Patent No. 7,269,636, “Method and Code Module for Adding Function to a Webpage” has been asserted against AOL, Time Warner, and Platform-A. Also, the complaint includes a claim against AOL for trademark infringement, unfair competition, and false designation of origin connected with AOL’s use of THE BOOMBOX designation which is located at their portal website allegedly very similar to Augme’s registered trademark BOOMBOX RADIO and BOOMBOX. A third case facing AOL, Inc. was originally filed in 2011 in the U.S. District Court for the Eastern District of Virginia, which sought damages concerning the alleged infringement of more Augme patents, U.S. Patent Nos. 7,783,721 and 7,831,690 On July 26, the case was moved to the U.S. District Court for the Southern District of New York. This case is still pending. In both pending cases Augme seeks injunctive relief and has unspecified damages derived from the alleged infringing activities. The shares traded up $0.58 (1.76%) recently at $33.56.
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Netflix, Inc. (NASDAQ:NFLX) used today to announce the addition of “post play” to its Watch Instantly streaming service. Now, if a user is watching multiple episodes of a TV series, he or she will no longer have to click to continue to the next episode; post-play should automatically add it to the queue. As the credits roll on episode one, Netflix will now minimize it in a small box and begin the second episode in the main viewer within 15 seconds. The shares traded up $1.12 (1.77%) recently at $64.38.
Coinstar, Inc. (NASDAQ:CSTR) climbs after The New York Post reported this morning that the company has been holding talks regarding the possibility that it will sell itself to a private equity firm for several months. “The talks are heating up,” added the newspaper citing unnamed sources. Coinstar CEO Paul Davis, on the other hand, seemed to deny any knowledge regarding such negotiations. Speaking at a Canaccord Genuity investors’ conference earlier today, Davis stated, “I have no idea where that report came from and I’m not in the business of commenting on other people’s stories.” In early afternoon trading, Coinstar increased $3.08, or 6.39 percent, to $51.30. The shares traded up $3.64 (7.55%) recently at $51.86.
Dish Network Corp. (NASDAQ:DISH) intends to launch a proprietary, satellite-based broadband service by the year’s end which would reach subscribers countrywide, sources say, and the Wall Street Journal reports. This should assist Dish in attempts to compete more directly with cable and telecom operators offering broadband. The shares traded down $0.04 (0.13%) recently at $31.0125.
News Corp. (NASDAQ:NWSA): Gerson Zweifach, News Corp’s general counsel, was named the company’s Chief Compliance Officer, according to the Associated Press. He along with associate general counsel Lisa Fleischman will head a compliance and ethics program and will report to the board of directors on a regular basis. In a memo to employees, CEO Rupert Murdoch states that the company’s anti-corruption review “is not based on any suspicion of wrongdoing”. The shares traded up $0.12 (0.53%) recently at $23.52.
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