- 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 – 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 – February 21, 2024
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
Commercial Roundup – July 26, 2023
- Antitrust
Commercial Roundup – June 28, 2023
Welcome to The Contingency‘s Commercial Roundup for June 28!
Since our last issue, much has happened, not least FeedSpot’s recognition of The Contingency as one of the 30 Best Antitrust Law Blogs and Websites.Continue Reading Commercial Roundup – June 28, 2023
Commercial Roundup – June 14, 2023
- Buyer of rights to heart-valve repair device met promises to promote device with buyer’s usual “efforts and level of care”.
- Calling computer-security software “malicious” and a “threat” implied facts, not opinions, and therefore could violate Lanham Act.
- Order to “immediately cease” using near copies of trademark online amounted to injunction that lacked findings
Commercial Roundup – June 2, 2023
Welcome back to Commercial Roundup–the best source for the latest appellate decisions on issues that matter in commercial litigation. In this issue, you’ll find four Supreme Court rulings on overseas torts, patent enablement, the reach of the False Claims Act, and limits on the Securities Act of 1933 as well as opinions on a range of topics from all but two of the 13 federal Courts of Appeals and the Supreme Court of Texas. Have a terrific weekend–and don’t forget to subscribe so you’ll get future issues without having to look for them.Continue Reading Commercial Roundup – June 2, 2023
Commercial Roundup
- Deal lawyer par excellence Alan Klein sees better but shaky M&A prospects, notes “unparalleled success” in antitrust.
- A big opt-out claimant (Sysco) has sued the funder of the opt-out’s price-fixing claims (Burford Capital) for its veto of chicken settlements.
- While the $100 million the new budget proposal would add to antitrust enforcers’ funding