Standard Oil Octopus
Tech adept David Streitfeld explores the upside of cutting Google into pieces today in The New York Times. He cites talk on Wall Street that Google might reap big rewards if it pre-empted a breakup decree
Barry Barnett, Esq. Blogs
Latest from Barry Barnett, Esq.
Commercial Roundup – May 21, 2025
- Uber Eats sued DoorDash for hogging big buyers of “first-party delivery services”.
- Uber Eats will need to show that DoorDash’s efforts to lock big chains into using its “first-party delivery services” block Uber Eats from access to a
Commercial Roundup – March 3, 2025
Commercial Roundup rides again!
- Patent must claim drug’s “active ingredient” as invention to qualify for listing in FDA Orange Book.
- Excess policy didn’t cover defense costs (although primary policy did).
- Lack of control by vendor over merchants’ use
Commercial Roundup – December 11, 2024
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
Commercial Roundup – September 18, 2024
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,
Google monopolized online search market, Judge Mehta rules
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
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.
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
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.