https://www.nytimes.com/2024/08/05/technology/google-antitrust-ruling.html
More to follow.
Barry Barnett, Esq. Blogs
Latest from Barry Barnett, Esq.
Commercial Roundup – July 18, 2024
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.
Commercial Roundup – June 19, 2024
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.
- Infringement judgment didn’t become final before unpatentability decision did.
- Patent holder’s effort to stop Utah company from making sales that holder claimed
Commercial Roundup – May 1, 2024
Welcome to Commercial Roundup for May 1st–and happy May Day.
- Discrete features of boot design lacked distinctiveness necessary for trademark.
- Even a little harm from discriminatory change in work suffices under Title VII.
- Delay in bringing suit for trademark infringement until after limitations would have expired under state-law analog to Lanham
Commercial Roundup – April 16, 2024
Commercial Roundup has some catching up to do this week. See the jumbo installment below.
- Multiple terms in speech-recognition patent deserved broader construction.
- Allowing any discovery on arbitrability amounts to denial of stay and authorizes immediate appeal.
- Internet service provider’s failure to boot subscribers it knew often pirated music online made
Commercial Roundup – February 21, 2024
Welcome to The Contingency’s Commercial Roundup for February 21. We have a ton of cases to catch up on, so let’s get right to it.
- “Single” in patent claim preamble limited apparatus to finding just one biomolecule.
- Auto products buyer didn’t waive claim for seller’s breach by buying more from it.
Ordinary people catch a break (on airfares)
Spirit: The Home of the Bare Fare Keeps Flying.
On January 17, 2024, a judicial appointee of a President whose administration sharply curtailed antitrust enforcement* blocked a $3.8 billion attempt by JetBlue to merge its way into making the Big Four U.S. airlines (American, Delta, United, and Southwest) into the Big Five (with JetBlue as
Commercial Roundup – January 10, 2024
Welcome to the first Commercial Roundup in 2024–and Happy New Year.
- Promise to charge “competitive” price for power didn’t require price lower than default utility charged.
- Hot off the Antitrust Division and FTC presses.
- Contract naming Chinese parent firm as consignee of cattle feed did not make parent a party to contract its
Commercial Roundup – December 13, 2023
Welcome to Commercial Roundup!
This issue notes an Epic antitrust win against Google, comments by yours truly on the likelihood of an Antitrust Division challenge to a $1.8 billion merger between Alaska Airlines and Hawaiian, Susman Godfrey’s National Boutique of the Year award, and tips on themes for your next jury trial. And, oh yes–a
“You can’t equate a benefit to some consumers to a pro-competitive effect.”
U.S. Circuit Judge Jennifer Sung made the comment December 6 during oral argument in the Federal Trade Commission’s ongoing effort to block Microsoft’s $69 billion purchase of Activision Blizzard, the biggest U.S. maker of video games. (Hat tip to Josh Sisco at Politico Pro.) The FTC claimed that the merger threatened to substantially reduce competition,