Google, as Non-Party, Can’t Be Subjected to All Writs Act Injunction Ordering It to Take Down YouTube Posts
A decision by Judge Michael Simon (D. Or.) today in Future Motion, Inc. v. Lai denies plaintiff’s request for an All Writs Act injunction against nonparty Google:
Plaintiff develops, manufactures, markets, and sells a line of self-balancing electric skateboards and related items. In November 2023, Plaintiff brought this lawsuit against Defendant Tony Lai, doing business as Floatwheel. Plaintiff alleges that Defendant is infringing four of Plaintiff’s patents on its skateboard technology by manufacturing, importing, and selling Floatwheel-branded, self-balancing electric skateboards to customers in the United States.
Earlier, Judge Simon had issued an injunction purporting to bind third parties, including domain name registrars and video platform providers:
[4.] Any Registrar of record of an internet domain hosting a website that advertises or sells the Floatwheel Adv and/or the Floatwheel Adv Pro products, or any colorable imitation thereof, including but not limited to GoDaddy.com, LLC, must promptly upon receipt of a copy of this Order disable public access to the domain until further notice;
[6.] Any video platform provider, including but not limited to Google LLC doing business as YouTube, must promptly upon receipt of a copy of this Order either disable public access to (i) the entire Floatwheel YouTube channel at https://www.youtube.com/floatwheel or (ii) to all individual videos teaching viewers how to make and/or use a product that infringes Future Motion’s patents, including but not limited to … 48 videos [listed below with titles and URLs] currently hosted at the YouTube channel https://www.youtube.com/floatwheel[;]
[8.] Pursuant to this Court’s inherent powers, any person or entity failing to comply promptly with this Order … shall be subject to sanctions for civil and/or criminal contempt.
A follow-up injunction also ordered that:
Google LLC, doing business as YouTube, shall promptly
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