Decisions by appeals court have started to slow as the judges work through backlogs and adjust to remote oral arguments, remote conferences, and home offices with yappy dogs and bitey cats. The Week of May 4 produced 7 opinions that rated tweets on @contingencyblog, most of them dealing with intellectual property. Your Commercial Appeals Roundup, featuring a blurb for each of those rulings, appears below.
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Party that brought IPR waived Appointments Clause complaint objection to panel of Patent Trial and Appeal Board. cafc.uscourts.gov/sites/default/
Mistake in view of prior art required new look at obviousness of patent asserted against Uber. cafc.uscourts.gov/sites/default/
New GM didn’t judicially admit it had to pay death claim against old GM. ca2.uscourts.gov/decisions/isys
Only “party affected” by force majeure event had duty to try to overcome it. media.ca7.uscourts.gov/cgi-bin/rssExe
Ruling on unconstitutionality of appointments to Patent Trial and Appeals Board panels didn’t apply to final decisions that post-dated ruling. cafc.uscourts.gov/sites/default/
Calling cooking oil that contains GMOs “100% Natural” could mislead consumers. media.ca1.uscourts.gov/pdf.opinions/1
Patents on cancer drug spoke of ethanol but didn’t include it in claims, ceding right to assert drug that used ethanol infringed patents. cafc.uscourts.gov/sites/default/
Because my practice focuses on complex commercial disputes–especially antitrust, energy, and intellectual property–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.
Check out my profile on the Susman Godfrey website.