- Patent must claim drug’s “active ingredient” as invention to qualify for listing in FDA Orange Book.
- Excess policy didn’t cover defense costs (although primary policy did).
- Lack of control by vendor over merchants’ use of point of sale “builder” system whose use would infringe patent doomed vicarious infringement claim
Commercial Roundup – December 11, 2024
- “You’d think [the new Texas Business Court] would want to resolve this [dispute over its jurisdiction to handle old District Court cases] quickly because the whole idea is you don’t
Commercial Roundup – September 18, 2024
- Action to confirm or vacate arbitration award must raise federal question apart
Commercial Roundup – July 18, 2024
- Force majeure clause in contract for “firm” supply of natural gas from Texas to Arizona didn’t require seller to show Storm Uri made delivery impossible but did mandate proof that it used “due diligence” to protect its Permian Basin source and to tap other sources.
Commercial Roundup – May 1, 2024
- Discrete features of boot design lacked distinctiveness necessary for trademark.
- Even a little harm from discriminatory change in work suffices under Title VII.
- Delay in bringing suit for trademark infringement until after limitations would have expired under state-law analog to Lanham
Commercial Roundup – April 16, 2024
- Multiple terms in speech-recognition patent deserved broader construction.
- Allowing any discovery on arbitrability amounts to denial of stay and authorizes immediate appeal.
- Internet service provider’s failure to boot subscribers it knew often pirated music online made
Commercial Roundup – February 21, 2024
Commercial Roundup – January 10, 2024
- Promise to charge “competitive” price for power didn’t require price lower than default utility charged.
- Hot off the Antitrust Division and FTC presses.
- Contract naming Chinese parent firm as consignee of cattle feed did not make parent a party to contract its
Commercial Roundup – December 13, 2023
Welcome to Commercial Roundup!
This issue notes an Epic antitrust win against Google, comments by yours truly on the likelihood of an Antitrust Division challenge to a $1.8 billion merger between Alaska Airlines and Hawaiian, Susman Godfrey’s National Boutique of the Year award, and tips on themes for your next jury trial. And, oh
Commercial Roundup – November 15, 2023
- Expert witness