Commercial Roundup rides again!
- Patent must claim drug’s “active ingredient” as invention to qualify for listing in FDA Orange Book.
- Excess policy didn’t cover defense costs (although primary policy did).
- Lack of control by vendor over merchants’ use of point of sale “builder” system whose use would infringe patent doomed vicarious infringement claim against vendor.
- Dispute between Taiwan firms over conduct that harmed plaintiff in U.S. but started in Taiwan belonged in Taiwan.
- Owner of social-media app that nose dived after Meta changed its algorithm alleged enough to toll Sherman Act’s 4-year statute of limitations.
- Class cert. order defined wrongful conduct too vaguely to meet common issues test of Rule 23(b)(3).
- Jury may look at amount a defendant must disgorge in making award of punitive damages.
- Software maker stated Sherman Act claim against other software maker for tying purchase of competing program to purchase of different program.
- PTAB should have found patent on using code words to reduce message errors obvious in light of prior art showing same key table with same digits in reverse order.
- FCC lacked power to issue rules that require firms that provide broadband service not to favor some customers over others.
- Anti-Kickback Statute supports False Claims Act claim against drug maker for bribing doctors to prescribe one of its products.
- Hip implant maker couldn’t trademark pink.
- Antitrust Division and FTC toughen guidelines on non-competes, NDAs, no-poach, info-sharing, and other practices affecting competition for workers.
- Reverse doctrine of equivalents didn’t require judgment of noninfringement, might not exist.
- Prior art for image capture patent made fixing image sensor in place relative to camera obvious.
- Plan to sell drug coast to coast met test for personal jurisdiction in case alleging drug infringed patent.
- American Antitrust Institute urges Ninth Circuit to restore $4.7 billion jury award against NFL.
- Lease that made payment due more than 60 days after lessee filed bankruptcy gave lessee right to payment in full.
- Software that uses others’ software without copying it doesn’t infringe their copyrights.
- Test for pleading trade dress claim doesn’t require complaint to allege what makes the trade dress distinctive.
- Patent that called for layer of tungsten in integrated circuit made later calling for the same thing obvious despite error in construing “tungsten”.
- Invalidation of some patent claims in IPR did not preclude assertion of other claims in same patent.
