Commercial Courtwatch | Week of 8/15/25

Chronicling business litigation from the Federal Courts of Appeals and Delaware

Antitrust | Wielding power to exclude competitors and maintain monopoly power violates § 2 of the Sherman Act.  Ninth Circuit.

Class Actions | Rule 23(b) class certified across different state laws improper where differences in state law claims predominate over individual questions.  Sixth Circuit.

Securities | Proxy advising not “solicitation” under Section 14(a) of Exchange Act.  D.C. Circuit.

Securities | Management’s characterization of underlying reason for product price reduction as offensive as opposed to defensive was a plausible misstatement.  Third Circuit.

Patent | Patent didn’t describe “type” of display unit it claimed. Federal Circuit.

Patent | The AIA does not provide information rights in an IPR, and there is no standing to adjudicate the related dispute.  Federal Circuit.

Patent | Selling infringing system with contractual obligation to provide internet connection to implement it not enough for vicarious infringement liability.  Federal Circuit.

Trial | Cross-appeal for alternative basis of affirming verdict improper.  Federal Circuit.