Rebecca Tushnet's 43(B)log
False advertising and more
Tuesday, May 27, 2014
Ninth Circuit revives consumer claims against Sony
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In re Sony PS3 “Other OS” Litig., 551 Fed.Appx. 916, No. 11–18066 (9 th Cir. Jan. 6, 2014) (belated; just showed up in Westclip) The...
"generic" claims may be governed by FDA standard regardless of regulatory status
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Mission Pharmacal Co. v. Virtus Pharmaceuticals, LLC, 2014 WL 2119237, No. 5:13–CA–176 (W.D. Tex. Apr. 28, 2014) (magistrate judge, rep...
all confusion is actionable but some doesn't count
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Yes, I know that's contradictory, but it's a result of expansive doctrine which courts then seek to cabin by finding reasons to...
Apple loses 230 defense to app privacy claims but still wins dismissal
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Opperman v. Path, Inc., 2014 WL 1973378, No. 13-cv-00453 (N.D. Cal. May 14, 2014) This big class action against Apple and fourteen ...
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