Welcome to The Commercial Roundup for July 13, 2023. While the pace of new opinions has slowed, it has not stopped. And this issue includes the end of the Supreme Court’s 2022-23 Term.
- False statements about and manipulating reviews of nutritional supplements exposed Amazon vendor to disgorgement, attorney’s fees, and potentially punitive damages.
- Lack of support in spec and late change in reasons doomed attempt to rewrite patent claims.
- Supreme Court strikes down affirmative action, 6-3.
- Lanham Act covers “use” of trademark in U.S. “commerce” but not use outside U.S.
- Test under Title VII for “undue hardship” in accommodating employee’s “religious needs” requires more than “de minimis” impact on employer’s business.
- Antitrust agencies propose rule to enhance info about impact of mergers for Hart-Scott-Rodino review.
- Claims that cable sports network misled buyers about likely fees for showing Houston Astros games didn’t trigger anti-SLAAP statute as matter of public interest.
- How to bond with jurors before they become jurors.
- Merchant that sells and delivers a product to a state subjects itself to personal jurisdiction in the state for claims relating to the product.
- Judgment in direct infringement action didn’t preclude later action for induced infringement.
- Stock buyer that sold before truth came out had standing to sue for securities fraud but couldn’t prove misreps caused it loss.
- Breadth of patent claims required broader view of prior art in obviousness test.
- FTC can’t block Microsoft deal to buy Activision.
- This looks like good news.
- This looks okay.
- Nation’s promise to arbitrate before the ICC bound it to submit questions of arbitrability to the ICC.
- Need for proof of class members’ standing to sue puts class certification at risk.
- Reissue patent couldn’t omit feature of original one.