Commercial Courtwatch | Week of 9/16/24

Chronicling business litigation from the Federal Courts of Appeals and Delaware

Contract | Modification of bilateral contract not valid because modification wasn’t supported by contract formation principles.  Ninth Circuit.

Contract | MA interest in enforcing non-compete agreements outweighed CA’s interest in enforcing its public policy against them re employer in California.  First Circuit.

Contract | Email not create contract but judicial estoppel functionally made it so.  Fifth Circuit.

ERISA | Allegations of health plan rebate retention not enough to support Art. III standing.  Third Circuit.

Jurisdiction | Chinese online marketplace subject to personal jurisdiction in New York given acceptance of orders from New York residents.  Second Circuit.

Jurisdiction | No Art. III injury if third-party didn’t understand defamatory significance of false statement.  Fourth Circuit.

Lanham Act: False claim that product was patented not claim not necessarily a claim of authorship or inventorship.  Federal Circuit.

Patent | District court erred in holding that meaning of independent patent claims must be internally consistent.  Federal Circuit.

Patent | An expert can acquire ordinary skill in the art later and still testify as a person of ordinary skill at the time of the invention. Federal Circuit.

Patent | Failure to secure advice of counsel not probative evidence of willfulness. Federal Circuit.

Procedure | Whether district court erred in categorizing complaint allegations as conclusory is reviewed de novo.  Federal Circuit.

Trial | Need proof of LLC citizenship at trial to maintain diversity jurisdiction.  Fifth Circuit.