- Deal lawyer par excellence Alan Klein sees better but shaky M&A prospects, notes “unparalleled success” in antitrust.
- A big opt-out claimant (Sysco) has sued the funder of the opt-out’s price-fixing claims (Burford Capital) for its veto of chicken settlements.
- While the $100 million the new budget proposal would add to antitrust enforcers’ funding sounds impressive, getting to today’s equivalent of 1978 funding levels would require closer to a $1.2 billion increase.
- Merger target’s sale of loan-origination software unit would weaken LOS competition and strengthen acquiring firm’s dominance in product pricing and eligibility engines, FTC says in suing to block the deal.
- Lack of authority to file lawsuit at outset of case violated Article III, barred retroactive cure.
- Turkey’s 25-year delay in seeking return of 7,000-year-old Anatolian sculpture plus deaths of prior owners barred claim under laches doctrine.
- Live witness’s denial of claim her tax-return franchisee broke tax laws beats franchisor’s motion for preliminary injunction.
- U.S. Patent and Trademark Office’s Director might have needed to submit guidelines on whether to start inter parties review of patent to notice-and-comment
- Patent for keeping cache memory coherent falls to prior art that would have motivated a person of ordinary skill in the art to combine.
- Parties’ stipulation that products didn’t infringe patents needed more detail to allow review of Markman rulings.
- Oil and gas leases required lessee to pay landowner royalties on gross sales price plus downstream costs that lowered the price.