- Magistrate judge can’t rule on whether to appoint receiver. media.ca1.uscourts.gov/pdf.opinions/1
- Inventors‘ hiding their offer to sell oil recovery method from USPTO invalidated patents. cafc.uscourts.gov/sites/default/
- Patent infringement that doesn’t happen until after importation supports exclusion order. cafc.uscourts.gov/sites/default/
- Facebook users had standing to sue over misuse of URL data in their posts. cdn.ca9.uscourts.gov/datastore/opin
- CFSB passes constitutional muster. ca5.uscourts.gov/opinions/pub/1
- Indirect buyers of syringes could invoke conspiracy exception to rule requiring direct purchases from monopolist but must first bolster their pleading of conspiracy among seller and two levels of intermediaries. media.ca7.uscourts.gov/cgi-bin/rssExe
- Illinois Brick direct-purchaser rule applies to Sherman Act section 2 (monopolization) claims, not just section 1 (e.g., price-fixing or market division) ones. media.ca7.uscourts.gov/cgi-bin/rssExe
- Generic drugs antitrust defendants must rely on post-production sorting to cull irrelevant documents after full Supreme Court vacates stay order. supremecourt.gov/orders/courtor
- Federal role in oil and gas companies’ sale of fossil fuels didn’t trigger right to remove climate-change case from state to federal court. ca4.uscourts.gov/opinions/19164
- Body shops didn’t allege plausible case of price-fixing pact by insurers to lowball repair payments. media.ca11.uscourts.gov/opinions/pub/f
- Patent on “data delivery system” claimed unpatentable abstract idea under section 101 and Alice. http://www.cafc.uscourts.gov/sites/default/files/opinions-orders/18-2239.Opinion.3-6-2020_1546270.pdf
- En banc assault fails to tarnish copyright verdict for Stairway to Heaven. cdn.ca9.uscourts.gov/datastore/opin
- Angie’s List statements about advertiser didn’t count as commercial advertising under Lanham Act. ca10.uscourts.gov/opinions/19/19
- “Coupon” limits on class action fee award applied to settlement that included both cash and vouchers. ca4.uscourts.gov/opinions/18235
- Pre-class certification motion to dismiss nonresident class members for lack of personal jurisdiction was pre-mature. cadc.uscourts.gov/internet/opini
- Absent members of class needn’t show personal jurisdiction over defendants in federal court. media.ca7.uscourts.gov/cgi-bin/rssExe
- Kickbacks that didn’t raise class reps’ real estate closing costs didn’t support standing to sue. ca4.uscourts.gov/opinions/19102
- Son of Hunt heir can’t challenge father’s will again. ca5.uscourts.gov/opinions/pub/1
- Maker of ”orphan” drug had statutory right to exclusive marketing period. cadc.uscourts.gov/internet/opini
- Emergency order grants Texas state courts leeway to deal with Covid-19. txcourts.gov/media/1446056/
- New York state courts curtail trials, hearings, travel, and other activities to address Covid-19. https://nysba.org/important-notice-from-office-of-court-administration-regarding-court-proceedings/?utm_campaign=Membership&utm_source=hs_email&utm_medium=email&utm_content=84722069&_hsenc=p2ANqtz–ViOifQw4KlK91oYm9YM9fZG2lh4LFOAyuXmhR6CiEX5gg8Ag1oKhPRBV3pYBUJMWgJTJbsPlNaKJNJtG6aQG3oE1GR1-JHHHQ17A4g_nMKR38dwA&_hsmi=84722069
- PTAB erred in construing patent on fungal nail treatment. cafc.uscourts.gov/sites/default/
- First-to-file rule didn’t defeat transfer of anticipatory action to declare systems didn’t infringe patent. cafc.uscourts.gov/sites/default/
- PTAB erred in construction of patent for enhancing broadcast communications. cafc.uscourts.gov/sites/default/
Note for readers
Because my practice focuses on complex commercial disputes–especially antitrust, oil and gas, and patents–I keep daily track of important decisions by the U.S. Supreme Court, the 13 U.S. Courts of Appeals, and the highest appeals courts in Delaware, New York, and Texas.
You can follow along during the week on Twitter (@contingencyblog) or here at The Contingency each Monday with this Commercial Appeals Roundup.