We round up the most significant appellate decisions relevant to commercial litigation each week.

The last week brought losses for antitrust enforcers (“Apple’s concerns over app security” and “Laches and Trinko kill”), for a man who sued to get “co-inventor” status (“Adding option to patent”), for distributors invoking franchise-law protections (“State franchise statute didn’t apply”), for plaintiffs wishing to toll limitations under an 1841 statute (“Defendant’s ‘absence from state”), for some contract deadline enforcers (“Time ‘from’ or ‘after'”), and for some avoiders of collateral estoppel (“Ruling on question of issue preclusion”).

Have a terrific week–Commercial Roundup will see you again next Wednesday morning.

Barry Barnett

Adding option to patent on meat-cooking method didn’t qualify for co-inventor status.


Buyer of Yukon oil and gas property had right to draw on letter of credit seller posted to secure buyer’s promise to indemnify seller against losses from toxic spill. 


State franchise statute didn’t apply to contract between seller of burners and one of its distributors. 


Apple’s concerns over app security trumped Epic’s Sherman Act claims.


Laches and Trinko kill states’ antitrust claims against Meta for acquiring WhatsApp and Instagram and for beating back competition from app developers.


Defendant’s “absence from” state in tolling statute means plaintiff cannot serve and state’s courts lack personal jurisdiction over defendant in spite of absence.


Time “from” or “after” a starting date begins the next day.


Ruling on question of issue preclusion may obviate decision on Article III standing.