Here you go–Commercial Roundup for the couple of weeks ending September 14, 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 hourly rates lawyers in forum charged.
- Use of control to strip good assets from failing firm violated entire fairness standard and warranted $39.2 million award of damages.
- Jury waiver survives fraud claim unless waiver itself resulted from the fraud.
- Promise in franchise contract not to poach workers from other stores in chain might per se violate Secrion 1 of the Sherman Act. https://lnkd.in/gynf-DJU
- Statements that hid extent of NVIDIA’s sales to crypto miners supported securities fraud claim.
- Rule 15 didn’t allow non-plaintiff that had standing to sue to amend complaint by plaintiff that lacked standing.
- Obviousness-type double patenting invalidated patents that received patent term adjustments for delay in patent examination.
- Patent Trial and Appeal Board failed to give proper weight to non-obviousness factors in striking down patent on boat with front propellers.
- Antitrust makes the economy better.
- Rule of reason applied to Sherman Act Section 1 claim against mushroom growers for efforts to keep downstream prices high.
- Fee award in antitrust class action should have given more weight to factors that favor a smaller award.
- Patent might meet the “same field of endeavor” test for prior art.
- Board’s focus on expert’s typo in IPR challenge to patentability required do-over.
- http://cafc.uscourts.gov/opinions-orders/22-1350.OPINION.9-11-2023_2188207.pdf
- Hiding facts deserved dismissal as sanction.
- https://www.ca5.uscourts.gov/opinions/pub/22/22-10340-CV0.pdf
- Food-delivery service’s trademark might not confuse customers of meal-kit maker that uses a similar trademark.
- http://media.ca7.uscourts.gov/cgi-bin/OpinionsWeb/processWebInputExternal.pl?Submit=Display&Path=Y2023/D09-12/C:22-1950:J:Lee:aut:T:fnOp:N:3101660:S:0
- Trademark owner’s pre-dispute work in forum state allowed exercise of personal jurisdiction over it.
- https://cdn.ca9.uscourts.gov/datastore/opinions/2023/09/12/21-16977.pdf
- Copyright law’s fair use doctrine allowed publication of technical standards due to their incorporation into law.
- https://www.cadc.uscourts.gov/internet/opinions.nsf/5A2E1191A4B2D49785258A28004F2532/$file/22-7063-2016393.pdf