- Expert witness
Commercial Roundup – October 25, 2023
- “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
Commercial Roundup – September 15, 2023
- Data breach that exposed plaintiff’s personally identifying information to hacker caused “concrete” harm and conferred Article III standing to sue
- Notes from commercial loan syndication don’t qualify as “securities” under state blue-sky law.
- Forum rule” limited fee award to
Commercial Roundup – August 23, 2023
This late-summer edition of Commercial Roundup features a notable ruling on personal jurisdiction, a pair of False Claims Act decisions, a couple of opinions tossing class certification orders, a 2-1 split in a securities fraud case (the dissent has the better end of it), a rare victory for plaintiffs in an action for unlawful maintenance
Commercial Roundup – July 26, 2023
- Antitrust
Commercial Roundup – July 13, 2023
- False statements about and manipulating reviews of nutritional supplements exposed Amazon vendor to disgorgement, attorney’s fees, and potentially punitive damages.
- Lack
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
Antitrust Lessons for Patent Cases
A golden age of civil antitrust, from the 1960s into the 1980s, enriched the victims of cartels and monopolies but upset corporate America. The high cost of paying treble damages claims eventually provoked a spare-no-expense approach to defense. That in turn influenced the way plaintiffs prosecuted their Sherman Act claims.
Much the same thing has
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