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.
