A U.S. Appellate Court this week denied a motion by Gator to stay a preliminary injunction ordered against the software provider, according to the plaintiffs' attorney. The actiona decision from July, when a federal judge ordered Gator to temporarily stop displaying pop-up advertising on Web publishers' pages without their permission.
The lawsuit was filed in federal court in Alexandria, Va. by The Washington Post, The New York Times, Dow Jones and seven other publishers, which allege that Gator's ads violate their copyrights and steal revenue. Terence Ross, attorney for the plaintiffs, said the Court of Appeals for the Fourth Circuit, which is responsible for appeals from federal district courts in Virginia, denied Gator's motion pending an appeal. Discovery is moving forward and will be completed in mid-November, he said.