The summer doldrums have slowed but not halted the flow of rulings by the U.S. Courts of Appeals, but you can’t say the same about the highest courts in Delaware, New York, and Texas. Despite the more languid pace of federal-court opinions, we have a cornucopia of them–28 in all. I’m happy to say the backlog is a result of having quite a lot to do in my day job at Susman Godfrey. The state-court…

Judgment in German action didn’t bar claim that defendant could (but didn’t have to) bring as counterclaim. Loan contract that limited arbitration to claims under tribal law violated public policy. Amount in controversy for purposes of removal under CAFA includes “reasonably possible” punitive damages. Network monitor patent did more than embody abstract idea under Alice. Researchers qualified as inventors of patents on cancer-targeting antibodies. Claim that offshore drilling contract resulted from bribery didn’t defeat $622 …

Steve Susman–my friend and mentor and my firm’s founding partner–died yesterday. A great many people who knew or knew of Steve have sent condolences, which I appreciate very much. I am very sad but also very grateful. For those of you who hadn’t heard or want to know more, below is a statement that the partners issued this morning. Be well. Steve Susman, 1941-2020 With extraordinary sadness, the partners of Susman Godfrey LLP announce the…

Beating a motion to dismiss or for summary judgment doesn’t count as success on merits. Sports shoe making design patent wasn’t obvious. Light up shoe design patent was obvious. Congress gave chief of CFSB too much independence. Fiduciary shield doctrine crumples. Tacking .com to end of generic word or phrase may create protectable copyright. Arthritis patent beats double-patenting, insufficient description, and obviousness attacks. Exceptional case determination needed to address patent plaintiff’s practice of seeking nuisance-value …

Contempt action for violation of bankruptcy discharge order belonged in court despite arbitration clause. https://ca2.uscourts.gov/decisions/isysquery/c8b45000-e918-438d-9027-23e88f01dfe4/1/doc/19-648_opn.pdf#xml=https://www.ca2.uscourts.gov/decisions/isysquery/c8b45000-e918-438d-9027-23e88f01dfe4/1/hilite/ DACA survives. https://supremecourt.gov/opinions/19pdf/18-587_5ifl.pdf Lawyer who won judgment on Argentine bonds had lien on proceeds of settlement he didn’t participate in and could sue Argentina under commercial activity exception to FSIA. https://ca2.uscourts.gov/decisions/isysquery/1bd29564-b123-43fd-8ae1-9878c9c0a597/2/doc/19-595_opn.pdf#xml=https://www.ca2.uscourts.gov/decisions/isysquery/1bd29564-b123-43fd-8ae1-9878c9c0a597/2/hilite/ Arbitration clause required that arbitrator arbitrate arbitrability. https://opn.ca6.uscourts.gov/opinions.pdf/20a0184p-06.pdf Monopolization claim against giant in niche packaging market didn’t state viable patent fraud, sham litigation, or bundling predicates. https://ecf.ca8.uscourts.gov/opndir/20/06/183167P.pdf Class false…

Death of contract didn’t kill arbitration clause. http://media.ca1.uscourts.gov/pdf.opinions/19-1865P-01A.pdf Lack of detail in proof of patent and trademark claims’ weakness doomed winning defendants’ request for attorneys’ fees. http://cafc.uscourts.gov/sites/default/files/opinions-orders/19-1454.OPINION.6-8-2020_1600475.pdf… Contractor suing for improper early termination couldn’t use past profits to estimate future ones. http://ca5.uscourts.gov/opinions/pub/19/19-30395-CV0.pdf Man who wanted picture of dollar sign strangling Uncle Sam on postage stamps can sue USPS for discrimination. https://cadc.uscourts.gov/internet/opinions.nsf/651D46BC0EA8EFAC85258582005175A4/$file/19-5168-1846267.pdf Southwest’s contract of carriage didn’t promise passenger it wouldn’t run out of de-icer and…

This week’s Commercial Appeals Roundup actually covers a fortnight of appeals court rulings, from May 18 to June 5. Eyeballing the total number (24) makes me think the courts’ output has slowed only a little as a result of COVID-19.   Subject-matter-wise, the courts: spoke on 7 IP issues, dealt with securities and pension claims in 4, decided arbitration questions in 3, considered commercial contract claims in 2, upheld 1 big price-fixing jury award, and resolved…