Welcome back to Commercial Roundup. This installment will catch you up for the last several weeks.
- “Comparison prior art” in design-patent case must involve the “article of manufacture” in the patent claim.
- Need a lift? Read this.
- Antitrust Magazine just got better.
- FTC sues Amazon in its hometown for maintaining monopolies by unlawful means and unfair methods of competition.
- Climate change case belonged back in state court.
- Mutual mistake in using policy holder’s trade name to identify policy holder warranted reformation to substitute its legal name.
- Pair of prior-art patents taught all elements of patent on method for putting dark images on dark backgrounds.
- Expert could opine on whether data-transmission patent’s mention of software protocols disclosed enough “structure” to meet means-plus-function test for patentability.
- Obviousness dooms patent on device for focusing ion stream.
- Franchisor that sued to enjoin ex-franchisee to comply with non-compete couldn’t switch to arbitration.
- Site that invited hateful posts contributorily infringed one target’s copyright in book he wrote about his life challenges.
- Infringement damages model relied on data that overstated imports of devices with infringing charger.
- Tests for review of prior art in IPRs get much discussion.
- Statement that “our data are all consistent with” need for higher dose of Alzheimer’s drug met falsity, materiality, and scienter elements of securities fraud claim.
- Payment to hospital for past health care benefits couldn’t support False Claims Act claim.
- “Confusing” letters from debt collector might, but might not, cause class members concrete injury that would give them Article III standing.
- Bribery scheme to promote shoe brand didn’t injure hoops player who, through no fault of his own, lost chance to play for college team.
- SEC’s okay of stock exchange rule calling for firms that list their stock on it to disclose “diversity” of its board members did not violate Securities Exchange Act of 1934 or Administrative Procedure Act or involve “state action” that might impinge on constitutional rights.
- Louisiana Oilfield Anti-Indemnity Act might apply to purchase orders for electrical work at salt mine on theory that “drill and blast” technique of mining salt qualified as “drilling for minerals”.
- Class Action Fairness Act keeps class action on behalf of Illinois cities and towns against cable company in federal court due to “complete diversity” between class members (citizens of Illinois) and the cable company (citizen of Delaware and New York).
- Stock buyer who sued for securities fraud could not appeal order granting motion to dismiss complaint of pension fund the court named as lead plaintiff under PSLRA.
- Per-claim limit under insurance policy applied to lender’s claims against auditor for series of faulty audits of borrower’s fraudulent financial statements.
- Anti-Injunction Act barred federal court from enjoining state court from approving “collusive” class-action settlement.
- Lanham Act doesn’t allow Trademark Trial and Appeal Board to cancel trademark registration due to fraud in application to make a trademark “incontestable”.