Commercial Roundup rides again!

• Patent must claim drug’s “active ingredient” as invention to qualify for listing in FDA Orange Book.
  • 24-1936.OPINION.12-20-2024_2439730.pdf
• Excess policy didn’t cover defense costs (although primary policy did).
  • 230006.pdf
• Lack of control by vendor over merchants’ use of point of sale “builder” system whose use would infringe patent doomed vicarious infringement claim

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The courts’ output has slowed as the days grow ever shorter ahead of the winter solstice. Welcome to the Commercial Roundup of December 11, 2024.

• “You’d think [the new Texas Business Court] would want to resolve this [dispute over its jurisdiction to handle old District Court cases] quickly because the whole idea is you don’t

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Welcome to the end-of-summer issue of Commercial Roundup–a collection of the most important appellate decisions for commercial litigators and trial lawyers by the U.S. Supreme Court, the 13 U.S. Courts of Appeals, and the highest courts in Delaware, New York, and Texas.

• Action to confirm or vacate arbitration award must raise federal question apart from

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https://www.nytimes.com/2024/08/05/technology/google-antitrust-ruling.html

More to follow.

Welcome to summer 2024’s first edition of Commercial Roundup.

• Force majeure clause in contract for “firm” supply of natural gas from Texas to Arizona didn’t require seller to show Storm Uri made delivery impossible but did mandate proof that it used “due diligence” to protect its Permian Basin source and to tap other sources.
  • https://www.ca5.uscourts.gov/opinions/pub/23/23-10575-CV0.pdf

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Happy Teenth–and welcome to the last Commercial Roundup of spring 2024!

• Patent holder’s grant of right to license patent didn’t deprive it of standing to sue for infringement.
  • 22-2207.OPINION.5-1-2024_2310958.pdf (uscourts.gov)
• Infringement judgment didn’t become final before unpatentability decision did.
  • 22-2064.OPINION.5-2-2024_2311705.pdf (uscourts.gov)
• Patent holder’s effort to stop Utah company from making sales that holder claimed

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Welcome to Commercial Roundup for May 1st–and happy May Day.

• Discrete features of boot design lacked distinctiveness necessary for trademark.
  • 231150.P.pdf (uscourts.gov)
• Even a little harm from discriminatory change in work suffices under Title VII.
  • 22-193_q86b.pdf (supremecourt.gov)
• Delay in bringing suit for trademark infringement until after limitations would have expired under state-law analog to Lanham

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