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

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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.

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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

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Commercial Roundup has some catching up to do this week. See the jumbo installment below.

• Multiple terms in speech-recognition patent deserved broader construction.
  • 22-1939.OPINION.2-16-2024_2271458.pdf (uscourts.gov)
• Allowing any discovery on arbitrability amounts to denial of stay and authorizes immediate appeal.
  • 23-30182-CV0.pdf

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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.
  • 22-1410.OPINION.1-9-2024_2250463.pdf (uscourts.gov)
• Auto

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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…

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.
  • https://ww3.ca2.uscourts.gov/decisions/isysquery/460490ff-b2b0-4ede-b8c3-422675cb33fe/3/doc/22-1026_opn.pdf
• Hot off the Antitrust Division and FTC presses.
  • https://www.ftc.gov/system/files/ftc_gov/pdf/2023_merger_guidelines_final_12.18.2023.pdf
• Contract naming Chinese parent

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