Commercial Roundup – May 17, 2023

By Barry Barnett on May 17, 2023

• Adding option to patent on meat-cooking method didn’t qualify for co-inventor status.
  • http://cafc.uscourts.gov/opinions-orders/22-1696.OPINION.5-2-2023_2120058.pdf
• FAA exempts holders of right to intrastate delivery of goods from out of state.
  • http://media.ca1.uscourts.gov/pdf.opinions/22-1268P-01A.pdf
• Patent owner defeats appeal from order that denied fee award.
  • http://cafc.uscourts.gov/opinions-orders/22-1363.OPINION.5-8-2023_2122947.pdf\
• Data on drug sales didn’t show end payers, barring class treatment of indirect-purchaser antitrust claims.
  • https://www2.ca3.uscourts.gov/opinarch/212895p.pdf
• Patent on car clutch didn’t relate to drug-delivery device and didn’t count as prior art.
  • https://cafc.uscourts.gov/opinions-orders/21-1981.OPINION.5-9-2023_2123775.pdf
• Combo of three prior art patents made gaming machine patent obvious.
  • http://cafc.uscourts.gov/opinions-orders/22-1291.OPINION.5-9-2023_2123766.pdf
• Car maker that caused Texas dealers to install software to conceal car maker’s fraud subjected itself to personal jurisdiction for claims arising from the fraud scheme.
  • https://www.txcourts.gov/media/1456389/210130_210133.pdf
• Messy first arbitration didn’t infect the second enough to require new arbitral forum.
  • https://www.nycourts.gov/ctapps/Decisions/2023/Apr23/13opn23-Decision.pdf
• Chancery court must conduct “meaningful” review of board committee’s ruling on meaning of contract.
  • https://courts.delaware.gov/Opinions/Download.aspx?id=347200
• Who drives change better–the bigs or the littles?
  • https://www.cnbc.com/2023/05/10/antitrust-enforcement-can-help-the-us-stay-ahead-of-china-khan-says.html