Because my practice focuses on complex commercial disputes–especially cases involving antitrust, oil and gas, and patents–I keep daily track of important decisions by the U.S. Supreme Court and the 13 U.S. Courts of Appeals.
- Federal Circuit grants Commerce Secretary broad power to remove IPR judges to clean up appointments clause mess.
- Receipt of credit report by person who doesn’t have authorization counts as Article III injury for standing purposes.
United States District Judge Lucy Koh ruled on May 22, 2019, after a 10-day bench trial in January, that Qualcomm has and abused “monopoly chip power”. Qualcomm Findings and Conclusions 5-22-19.
The number of companies that can bring treble-damages claims against drug manufacturers for violating federal antitrust law has dwindled. The scarcity has grown so acute that last week it crossed an existential threshold.…
The place of suit matters a lot in civil cases. Suing at home helps the plaintiff — by keeping her costs low, giving her comfort that local judges and juries will give her fair treatment, and throwing out-of-town defendants off balance. All of that bigly boosts the plaintiff’s chances of success.
But a trio of recent U.S. Supreme Court rulings promise to make plaintiffs’ home fields more like patches of weeds than acres of sweet verdance.…
In the last quarter-century and more, no current member of the Supreme Court tried a lawsuit of any kind to a judge or jury. Almost none of the justices has ever tried a civil case to verdict. And before their honors became appellate judges, only one of their number served as a full-time trial judge.
Does the justices’ nearly total lack of trial-lawyer chops matter? Has the almost utter absence of actual trial experience in fact degraded the quality of civil justice? And will confirming the nomination of a former trial lawyer like Neil Gorsuch make a difference?
Since 2007, wanton patent infringers have enjoyed extraordinary legal protection from awards of “enhanced” damages under section 284 of the Patent Act.
Last week, the Supreme Court stripped away three of the protections. The changes will make good patent cases better. But it won’t convert weak ones into strong ones.…
On May 11, 2016, the Defend Trade Secrets Act of 2016 took effect. The effect of its effectiveness? Almost all new trade secrets cases will either start in federal court, or they will wind up there once the defendant removes it from state court. Key parts of the new law include these:
Cause of action.…
In Henry IV, Glenmore brags that he can “call spirits from the vasty deep.” Hotspur replies:
Why, so can I, or so can any man;
But will they come when you do call for them?
In Blue Calypso, LLC v. Groupon Inc., No. 15-1396 (Fed. Cir. Mar. 1, 2016), Groupon tried to summon a prior art reference from the Internet. But it wouldn’t come. The Internet proved too vasty.…