Tuesday, December 22, 2015

Update: SanMedica v. Amazon favorably settles

Victory is mine!  Bring me the finest muffins and bagels in all the land!  Public Citizen represented me in a lawsuit to unseal the key information in SanMedica v. Amazon, a case that applied the 1-800 Contacts rule that ad clickthrough rates provide an upper bound to the percentage of consumers who could have been confused online—but sealed the rate it found sufficient to avoid summary judgment.  After the court granted my motion to intervene, the parties agreed to unseal most of the information we sought, including this fact, which is crucial to understanding the decision.  Thanks so much to Scott Michelman and the other lawyers at Public Citizen who brought this about.  More to come when the unsealing occurs and I can at last see the significance of the case for keyword infringement litigation more generally.

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