United States Ninth Circuit

A declaratory judgment action, initiated to determine the legality of a software vendor's pop-up advertising program used on a website, is rendered moot by a settlement under which the vendor permanently modified its software and the website owner relinquished all claims.

Appellate Information

• Argued 06/22/2004
• Decided 02/15/2005
• Published 02/15/2005

Judges

• O'SCANNLAIN, Circuit Judge:, Before: SCHROEDER, Chief Judge, FERGUSON, O'SCANNLAIN, RYMER, TASHIMA, GRABER, McKEOWN, W. FLETCHER, GOULD, PAEZ, and BYBEE, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Michael Traynor, Cooley Godward LLP, San Francisco, CA, argued the cause for the appellant;  Thomas J. Friel, Jr., and Brian E. Mitchell, Cooley Godward LLP, San Francisco, CA, and L. Scott Primak, Redwood City, CA, were on the briefs., Daniel J. Bergeson and Melinda M. Morton, Bergeson, LLP, San Jose, CA, were substituted as counsel for the appellant after oral argument., Alan E. Untereiner, Kathryn Schaefer Zecca, and Max Huffman, Robbins, Russell, Englert, Orseck & Untereiner LLP, Washington, D.C., and Robin S. Conrad and Stephanie A. Martz, Washington, D.C., were on the brief for amicus curiae The Chamber of Commerce of the United States.


• For Appellees:
  
• Peter J. Brann, Brann & Isaacson, Lewiston, Maine, argued the cause for the appellee;  Kevin J. Beal, Brann & Isaacson, Lewiston, ME, was on the brief.