After a 2010 jury found Newegg liable for indirect infringement and awarded Soverain Software $2.5 million, Newegg appealed. In January 2013, the Federal Circuit ruled the asserted shopping-cart patent claims obvious in light of CompuServe Mall, wiping out the judgment. The ruling also undermined Soverain’s related verdicts against other retailers, according to Ars Technica.
For Newegg’s Chief Legal Officer Lee Cheng, it’s a huge validation of the strategy the company decided to pursue back in 2007: not to settle with patent trolls. Ever.
The California Energy Commission said its investigation found Newegg manufacturing and offering portable air conditioners that were not certified in the state’s appliance-efficiency database. Newegg sold or offered them in California from June 2021 to May 2022. On September 19, 2022, it agreed to pay $45,000 and test and certify models before resuming California sales.
This case was the result of an investigation performed by California Energy Commission (CEC) staff. CEC’s investigation and testing process identified that Newegg was manufacturing and offering for sale portable air conditioners that were not certified to the Modernized Appliance Efficiency Database System (MAEDbS).
Consumers accused Newegg of inflating discounts by comparing sale prices with allegedly cherry-picked or fictional list prices. M. George Hansen filed a class-action suit in California Superior Court on December 12; the report says Newegg did not immediately comment. In August 2018, a California appeals court revived the case, which sought refunds, restitution and an injunction.
A California appeals court <a href="http://www.courthousenews.com/wp-content/uploads/2018/08/NewEgg.pdf"><strong>revived</strong></a> a <strong><a href="https://www.courthousenews.com/newegg-faces-class-action-over-pricing/">class action</a></strong> accusing NewEgg.com of using false prices to advertise so-called discounts on products.
LOS ANGELES (CN) – Online retailer Newegg inflates the value of its discounts by listing products at their peak value and displaying prices that are a “work of fiction,” according to a class action lawsuit. M. George Hansen of San Diego sued Nreegg.com Americas in Superior Court on Dec. 12, alleging consumer law violations and unfair and fraudulent business practices. Newegg is best known for selling laptops, computer parts and other electronics. Hansen claims Newegg’s website includes deceptive price lists. “(T)hese advertised ‘discounts’ are completely illusory or grossly overstated,” the lawsuit states. Hansen claims Newegg “cherry-picks” prices, and that its prices are no better than its competitors’. He claims that consumers may end up receiving no discount at all, or paying a higher price than if they shopped at a traditional retail store. The “‘list’ price is the highest price the product has ever been listed for, regardless of when that price was advertised, or is a simply a work of fiction. Simply stated, defendant cherry-picks the highest price it can find or the item and uses it to create a significant price discrepancy and the impression of considerable savings for its customers,” the complaint states. Hansen seeks restitution, refunds, costs and an injunction. He is represented by Trenton R. Kashima with Finkelstein & Krinsk of San Diego. Newegg did not immediately respond to a request for comment.
OpenSecrets’ profile reports $28,298 in total payments to Newegg.com for the 2016 election cycle, based on expenditures reported by candidates, parties, PACs and outside spending groups using Federal Election Commission data. Listed payors include Dan Donovan for Congress, the Democratic Party of Ohio and Bernie 2016; the page gives no further detail on the services purchased.
In July 2017, Law360 reported that the Federal Circuit criticized Judge Rodney Gilstrap for denying Newegg Inc.’s request for attorney fees in Adjustacam LLC’s patent suit. The appeals court had vacated the denial in 2015 and directed reconsideration under the Supreme Court’s Octane Fitness ruling; the article described the suit as baseless.
Law360, New York (July 5, 2017, 8:09 PM EDT) -- The Federal Circuit took Eastern District of Texas Judge Rodney Gilstrap to task Wednesday for not awarding online retailer Newegg Inc. attorneys' fees for a patent suit by an Acacia Research Corp. subsidiary that the appeals court found "baseless," saying the judge ignored an earlier ruling.