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U.S. Supreme Court to Hear NVIDIA and Facebook Appeals on Securities Fraud Claims

The United States Supreme Court is about to decide on two cases brought by NVIDIA and Meta (Facebook) to avoid legal action against them for fraud on securities. The U.S. Supreme Court will hear NVIDIA's arguments on November 13 regarding the dismissal attempt of the securities class action lawsuit. Swedish investment firm E. Ohman J:or Fonder AB claims NVIDIA misled investors in 2017-2018 by understating its revenue dependency on cryptocurrency mining. NVIDIA's stand lies in the plaintiff's failure to meet the criteria established by the 1995 Private Securities Litigation Reform Act. Earlier this year, NVIDIA settled with the U.S. regulatory authority to pay $5.5 million to settle charges about the poor reporting of crypto mining's impact on its gaming segment.

The Supreme Court is also set to adjudicate the case brought by Facebook to dismiss the securities lawsuit where investors led by Amalgamated Bank accused the company of deceiving them by not revealing a 2015 data breach that involved Cambridge Analytica and which, in turn, affected more than 30 million users. The case came to the fore after Facebook's stock tanked in the light of reports about Cambridge Analytica's misuse of user data during the 2016 Trump campaign. Facebook maintains it wasn't obliged to disclose past breaches in risk statements, as these are supposedly forward-looking. The company had previously paid $100 million in penalty to the SEC and $5 billion to the FTC over the same issue. Recently, three Supreme Court decisions in June had eroded federal regulators, namely the SEC which is the principal regulator of securities fraud, and appear to bring more limitations to the power of private plaintiffs to be able to enforce federal rules set out for corporate misconduct.

Apple Requests that US Supreme Court Reverse Ruling in Epic Games Case

Apple and Epic Games have been locked in a bitter legal feud for two years, relating to an antitrust case started by the latter company. The iPhone and Mac computer giant has made an appeal to the US Supreme Court—as demonstrated in a court filing that was released to the public on Monday (June 3). They request that justices take up its appeal of a ruling for tomorrow (June 7) by the San Francisco-based 9th U.S. Circuit Court (of Appeals). A 2021 verdict determined that Apple had to cease anti-steering practices. Apparently game developers were restricted to certain payment practices (imposing of fees) within the iOS App store. Epic Games sued Apple for anti-competitive practices back in 2020, with the US district court of California rejecting nine of out Epic's ten claims the following year—only the aforementioned anti-steering case was allowed to proceed.

The Ninth Circuit rejected petitions from Apple and Epic late last week—both companies urged that the court reconsider an April 2023 decision about the Californian law violation. Epic thinks that certain legal decisions have been made in Apple's favor, and the latter continues to rile against the App Store order. It argues that Epic was the sole "non-representative" plaintiff, yet the injunction applies to all iOS developers and US states outside of California. Apple believes that the ruling "raises far-reaching and important questions" about the federal court's limited authority to issue injunctions that apply to organizations not directly involved in the case.

Samsung Hit With $303 Million Fine, Sued Over Alleged Memory Patent Infringements

Netlist Inc. an enterprise solid state storage drive specialist has been awarded over $303 million in damages by a federal jury in Texas on April 21, over apparent patent infringement on Samsung's part. Netlist has alleged that the South Korean multinational electronics corporation had knowingly infringed on five patents, all relating to improvements in data processing within the design makeup of memory modules intended for high performance computing (HPC) purposes. The Irvine, CA-based computer-memory specialist has sued Samsung in the past - with a legal suit filed at the Federal District Court for the Central District of California.

Netlist was seemingly pleased by the verdict reached at the time (2021) when the court: "granted summary judgements in favor of Netlist and against Samsung for material breach of various obligations under the Joint Development and License Agreement (JDLA), which the parties executed in November 2015. A summary judgment is a final determination rendered by the judge and has the same force and effect as a final ruling after a jury trial in litigation."

Genesis Mining Gets 485K GPUs Returned by China Supreme Court

Genesis Mining, one of the largest cloud providers of cryptocurrency mining services headquartered in Iceland, has today won a great deal with China's Supreme Court. According to the reports, Genesis is now getting back the 485,000 AMD Radeon RX 470 8 GB graphics cards returned to its mining facilities in hopes of soon usage. What leads to this you might wonder? Previously, Genesis Mining partner, Chuangshiji Technology Limited, which provides hosting services for Genesis, took the company's mining hardware and started listing it without consent from the Iceland-based firm.

As the company filed a lawsuit in China supreme court, the legal disputes were going on for some time and today Genesis has won. According to the report, Genesis is getting back as much as 485,000 AMD Radeon RX 470 8 GB graphics cards with a total mining power of 14.5 TH/s. All these GPUs are now looking for a new home inside Genesis Mining facilities and will be able to provide a bit over a million dollars in mined Ethereum, at today's prices.

US: The Tax Man Cometh After Online Sales Tax Following Supreme Court's Decision

A Supreme Court decision last Thursday may be just what the doctor ordered for states' ability to collect taxes on online sales from a much wider variety of businesses. The decision, passed with 5-4 votes from the Justices involved, overrules previous understandings regarding the physical presence rule: essentially, that a business was only forced to collect sales tax and send it to the State it's operating if it had some sort of physical presence (be it warehouses or some such) in that particular state. If not, taxes were still due - but shoppers had to take the initiative of delivering their taxable amount to the state. That, naturally, very rarely happened, which led to reported billion dollar losses in tax revenue for a variety of US states.

Now, states have essentially been given the green light to pass laws requiring out-of-state sellers to collect the state's sales tax from customers and send it to the state. More than a dozen states have already adopted such laws even ahead of the court's decision, confident in the decision's direction, said state tax policy expert Joseph Crosby.

Patent Trolls to Lose their "Homefield" Advantage Thanks to Supreme Court

Thanks to a ruling from the Supreme Court, patent trolls could see their designs being thwarted more often than they have until today. Patent trolls stand as a scourge of the industry, ie, companies and even individuals that hold intellectual property with the sole purpose of levying infringement lawsuits against other companies - without producing anything themselves. They're kind of the leeches of the tech and business worlds, without some of the benefits their biological counterparts manage to deliver.

Pirate Bay Founders Stare At Jailtime as Supreme Court Rejects Appeal

Sweden's Supreme Court decided not to grant leave to appeal in the long-running Pirate Bay criminal trial. This translates to the earlier judgement of the Swedish Court of Appeal being upheld. In November 2010, the lower court had found four of the founders of The Pirate Bay, Peter Sunde, Fredrik Neij, Gottfrid Svartholm, and Carl Lundström, guilty of criminal copyright infringement. Although Fredrik Neij, Peter Sunde and Carl Lundström all had their prison sentences decreased from the levels ordered at their original 2009 trial, they were ordered to pay increased damages amounting to millions of dollars to the plaintiffs in the entertainment industry.

Peter Sunde, AKA Brokep, faces 8 months in prison. Fredrik Neij, AKA TiAMO, faces 10 months. Businessman Carl Lundström has the lightest sentence of 4 months. All will have to pay their share of a combined 46 million Kronor (US $6.8 million) in damages. In related news, the operators of Pirate Bay changed the domain name of their site from *.org to *.se to prevent seizure by the US Government.
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