Commercial Courtwatch | Week of 10/14/24

Chronicling business litigation from the Federal Courts of Appeals and Delaware

Copyright | Copyright infringement case can proceed in Utah against Chinese company because company consented to jurisdiction in any district where Amazon “may be found.”  Tenth Circuit.

Discovery | Irreparable harm based on compelled production of donor information warrants stay of district court order pending appeal.  Fifth Circuit.

Experts | Experts failed to identify a statistically significant link between chemical exposure and chronic conditions, a key element in proving general causation, making grain of Daubert appropriate.  Eleventh Circuit.

False Claims Act | First-to-file rule is not jurisdictional (en banc).  Ninth Circuit.

Patent | Award of fees under 35 U.S.C. § 285 because plaintiff continued to litigate case despite claim construction order undermining infringement position.  Federal Circuit.

Patent | Patent exhaustion doctrine bared party from suing infringing customers of licensee counterparty.  Tenth Circuit.

Privacy | Signing up for online newsletter to NBA website with a video streaming plausibly makes one subscriber of goods or services under the VPPA.  Second Circuit.

Securities | No 10b5 securities fraud if would have purchased company securities to cover short position even absent allegedly misleading public statements about crypto dividend.  Tenth Circuit.

Standing | Purchasers of sunscreen that included the toxic chemical benzene has justifiable injury-in-fact because she suffered economic harm due to overpayment for product.  Ninth Circuit.

Trademark | Purchasing a search engine keyword that is a competitor’s trademark not trademark infringement.  Second Circuit.

Trial | Abuse of discretion to not allow cross examination re past false statements unrelated to the case, warranting a new trial.  First Circuit.