Commercial Courtwatch | Week of 8/26/24

Chronicling business litigation from the Federal Courts of Appeals and Delaware

Antitrust | Dismissal of § 2 claim reversed for judge’s failure to consider anticompetitive effect of defendant’s otherwise lawful actions as a whole.  Fourth Circuit.

Copyright | District court imposed too high a burden when instructing the jury that a “causal relationship between the defendant's infringement and the defendant's revenues” were required for copyright infringement damages.  First Circuit.

Copyright | No “sophisticated plaintiff” exception to the discovery rule in copyright cases.  Second Circuit.

Foreign Discovery | District must provide reasons for granting and denying foreign discovery motion under 28 U.S.C. § 1782. Fifth Circuit.

Jurisdiction | Look-through rule applies to LLC members when analyzing diversity jurisdiction.  Second Circuit.

Jurisdiction | No appellate jurisdiction over denial of motion to join government entity that has sovereign immunity under collateral order doctrine.  Fourth Circuit.

Trademark | Parties’ relative size and financial resources not relevant to whether Lanham Act case “exceptional” and warranting of attorneys’ fees.  Third Circuit.

Patent | Application of patent misuse doctrine is question of law reviewed de novo after bench trial.  Ninth Circuit.

Patent | No Art. III standing to appeal IPR decision when patentee withdrew infringement suit.  Federal Circuit.

Patent | On-sale bar precluded ITC action for patented process that was “in secret use . . . and sold” one year before effective filing date of patent.  Federal Circuit. 

Preemption | Consumer’s state law mislabeling claims expressly preempted by the FDCA. Second Circuit.

Procedure | Forum non conveniens analysis gets case back to forum designated in unassented-to forum selection clause.  Tenth Circuit.