The Tenth Circuit yesterday affirmed denial of a motion for preliminary injunction against sale of "body kits" that make a regular truck look like a "military-style vehicle". General Motors sought the injunction because, it claimed, the body kits infringed its "Humvee" trade dress. The court agreed with the district court GM failed to prove a
Antitrust Division Disbands, Declares Competition Safe
The end for Rich Uncle Pennybags?
Packing up his desk today, Assistant Attorney General Thomas O. Barnett announced the break-up of the U.S. Department of Justice’s Antitrust Division. The tear in his eye betrayed a wistful sadness. "You know, the Division had a great run. But, after 75-plus years, we just ran out of price-fixers
Federal Circuit Roundup
The Federal Circuit appears oblivious to Blawgletter’s law practice. Why else would it issue four patent decisions in one day? A more considerate court would have spaced them out so that we’d have time to digest them for sharing with our dear readers.
So, instead of cutting the cases into tasty morsels, we offer these
Emerging Consensus: Olson as AG Nominee
Who will get the nomination to become the next U.S. Attorney General? The newspapers seem to think that Theodore B. Olson will.
The NYT said yesterday: "The White House is closing in on a nominee to replace Attorney General Alberto R. Gonzales, with former Solicitor General Theodore B. Olson considered one of the leading
Federal Circuit at Last Hints That KSR Changed Patent Obviousness Test
Yesterday, the Federal Circuit held patent claims invalid under the post-KSR Int’l Co. v. Teleflex Inc., 127 S. Ct. 1727 (2007), "obviousness" regime. The court rejected the district court’s emphasis on lack of "motivation" for the invention in prior art, noting that KSR "counsels against applying the ‘teaching, suggestion, or motivation’ (‘TSM’) test
Seeking (Stock) Redemption — and Getting It
What does "net worth . . . as shown on the balance sheet" mean if the balance sheet doesn’t show anything it calls "net worth"?
The Ninth Circuit held today that it means what people usually mean by it: the difference between total assets and total liabilities. Because under that definition the net worth of
Post-Trinko Circuit Split Widens as Ninth Circuit Upholds “Price Squeeze” Claim
A 2-1 panel of the Ninth Circuit today held that a "price squeeze" theory of monopolization under section 2 of the Sherman Act survived the decision in Verizon Communications, Inc. v. Law Offices of Curtis V. Trinko, LLP, 540 U.S. 398 (2004). LinkLine Commmunications, Inc. v. SBC California, Inc., No. 05-56023 (9th Cir.
Second Circuit Tosses Denial of Antitrust Class Certification
The Second Circuit today vacated a decision not to certify a price-fixing case as a class action under Rule 23(b)(3). The court held:
- The fact that the putative class representatives bought their antitrust claims didn’t preclude them from adequately representing the class.
- The district court erred in concluding that the fact-of-injury issue didn’t pose a
Persuasiveness and Iraq
Blawgletter tries to avoid political stuff. We have enough challenges attempting to understand law stuff. But we couldn’t help observing yesterday how much the persuasiveness of the administration’s case for its Iraq strategy depends on the personal character — the ethos — of General David Petraeus.
We couldn’t avoid noticing it because both sides harped
Where Did the D.C. Circuit Go?
The D.C. Circuit hasn’t published an opinion on its website since August 24, 2007. Blawgletter can’t figure out why.
The court didn’t exactly set a decision-issuing record before it went radio-silent more than two weeks ago. In the entire month of August, D.C. Circuit panels wrote only 10 opinions. Last year, twice that many came