Beating a motion to dismiss or for summary judgment doesn’t count as success on merits.
Sports shoe making design patent wasn’t obvious.
Light up shoe design patent was obvious.
Congress gave chief of CFSB too much independence.
Fiduciary shield doctrine crumples.
Tacking .com to end of generic word or phrase may create protectable copyright.
Arthritis patent beats double-patenting, insufficient description, and obviousness attacks.
Exceptional case determination needed to address patent plaintiff’s practice of seeking nuisance-value settlements.
Claim of oral side deal breached warranties in APA, barring claim and triggering indemnification.
Salt supply agreement lacked promise to buy only from seller, therefore didn’t constitute requirements contract.
Copyright law didn’t preempt unjust enrichment claim, but win on copyright claim entitled defendant to fees.
Lack of link to factual nucleus underlying federal law claim deprived court of supplemental jurisdiction over state law claim.
Debtors who didn’t fall for misleading debt-collection letter lacked standing to sue.
Letter giving notice of intent to start marketing competing drug satisfied statute.
Free pass for robocalls to collect federal debts failed strict scrutiny test under first amendment.
Past buyers of pasta couldn’t bring class action to enjoin future sales.
Statute doesn’t allow federal courts to order discovery in aid of private arbitration outside U.S.
PTAB shouldn’t have deemed invention “not unpatentable” without ruling on its obviousness in IPR.
Judgment in German action didn’t bar claim that defendant could (but didn’t have to) bring as counterclaim.
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.