Here’s the Commercial Roundup: Appeals for the week of April 13-17, 2020. As you’ll see, it went heavy on intellectual property and procedure, the latter including rulings on arbitration awards and class (de)certification.
Have a great week. We’ll see you again next Monday.
Be well.
- Voluntary dismissal without prejudice didn’t trigger right to fees for non-existent “prevailing party”. cafc.uscourts.gov/sites/default/
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Double recovery that didn’t appear on face of arbitration award didn’t allow court to set it aside. ca10.uscourts.gov/opinions/18/18
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Trademark would likely cause consumers to confuse Stratus with Strata. cafc.uscourts.gov/sites/default/
- Waiver in district court didn’t bar ruling that patent claimed abstract idea of controlling access to resources. cafc.uscourts.gov/sites/default/
- Online student’s use of Alabama school’s website in Massachusetts didn’t subject school to personal jurisdiction in the Bay State. media.ca1.uscourts.gov/pdf.opinions/1
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Estoppel certificate didn’t alter office lease. media.ca1.uscourts.gov/pdf.opinions/1
- MDL court handling opiate cases for pretrial purposes couldn‘t grant leave to add claims that plaintiffs had disavowed long before and didn’t try to revive until after discovery closed. opn.ca6.uscourts.gov/opinions.pdf/2
- Change in law supported decertification of class action to recover overcharges for phone services. ecf.ca8.uscourts.gov/opndir/20/04/1
- Arbitrator could decide that contract allowed class arbitration. ca5.uscourts.gov/opinions/pub/1
- Heart monitor patent improved technology, didn’t claim abstract idea. cafc.uscourts.gov/sites/default/
- Fact issue re similarity of old design barred summary judgment on obviousness of phone case patent. 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 Roundup: Appeals