Story: NetZero Obtains TRO Against Juno in Web Ads Patent Case, 1/8/01.

Tech Law Journal
News, records, and analysis of legislation, litigation, and regulation affecting the computer, internet, communications and information technology sectors
TLJ Links: Home \| Calendar \| Subscribe \| Back Issues \| Reference Other: Thomas \| USC \| CFR \| FR \| FCC \| USPTO \| CO \| NTIA \| EDGAR

NetZero Obtains TRO Against Juno in Web Ads Patent Case

(January 8, 2001) ISP NetZero obtained a temporary restraining order against competing ISP Juno on January 5 that bars Juno from using a technology for displaying ads through a window separate from the browser.

Related Pages

TLJ Case Summary.

Original Complaint, 12/26/00.

Temporary Restraining Order, 1/5/01.

On December 26, 2000, NetZero, an ISP and web marketer based in Westlake, California, filed a complaint in U.S. District Court against Juno alleging patent infringement. It asserts that it is the exclusive licensee of U.S. Patent No. 6,157,946, which applies to a process that enables an ISP to display ads or messages through a window that is separate from the browser, and that Juno, a competing ISP, has infringed this patent. NetZero also sought a temporary restraining order (TRO) and preliminary injunction (PI).

On January 5, 2001, Judge Stephen Wilson, District Court Judge for the Central District of California, at Los Angeles, granted a 65 day Temporary Restraining Order, to take effect on January 12.

Excerpt from TRO

"Juno, its officers, agents, servants, employees, attorneys, subsidiaries, affiliates, successors, assigns, and any and all acting in concert or participation with them shall be restrained and enjoined pending trial of this action from: showing ad images in its floating ad banner window (the "Juno Guide") in combination with Internet images appearing in a concurrently active Web browser window where both windows use different links with different link identifiers over a single communication line, as such terms are used in United States Patent No. 6,157,946, to download and during such online connection display ad images and Internet images concurrently."

The patent in suit is titled "Information Providing System For Providing Images Suitable For User, And Terminal Of Information Providing System." It was issued on December 5, 2000.

NetZero CEO Mark Goldston had this to say about the filing of the complaint: "We believe this patent applies to the ad-delivery process used by many of our competitors for both targeted and untargeted advertisements and will provide NetZero with a significant competitive edge in this environment ..."

After the TRO was granted, he stated that "We believe our patent is a powerful proprietary right which will provide us with a competitive advantage in our market. We believe the court’s order is further validation of our position. Other ISPs should take note of the court’s ruling and carefully consider their use of similar ad banner windows."

A preliminary injunction hearing is set for March 15, 2001. Trial is set for July.

NetZero is represented by William Robinson of the law office of Mayer Brown & Platt. Juno is represented by Philip McCabe of Kenyon & Kenyon and Allan Schare of McDermott Will & Emery.