- 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 – 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 – 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 – November 15, 2023
- 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 13, 2023
- False statements about and manipulating reviews of nutritional supplements exposed Amazon vendor to disgorgement, attorney’s fees, and potentially punitive damages.
- Lack