Legal Opinion
Theme Promotions, Inc. v. News America Marketing FSI
Court of Appeals for the Ninth Circuit
Decided August 19, 2008No. 06-16230, 06-16341PublishedCited by 134 opinions
1Opinion of the Court
ORDER
The opinion previously filed in this case is amended as follows.
On pp. 11074-75 [539 F.3d 1046] of the slip opinion, the following sentence is inserted before the sentence beginning “News argues that the evidence actually shows....”:
“Theme further presented evidence that, while the right of first refusal agreements purported to lower prices, prices could have been lower still if the market were rid of such agreements.”
The following language is deleted: “Although both parties are able to point to evidence supporting their positions, the evidence of restricted choice between market…
2Cases cited43 opinions
- Eastern Railroad Presidents Conference v. Noerr Motor Freight, Inc.Supreme Court of the United States · 1961
- United Mine Workers v. PenningtonSupreme Court of the United States · 1965
- United States v. E. I. Du Pont De Nemours & Co.Supreme Court of the United States · 1956
- Dcd Programs, Ltd. v. Michael W. Leighton, Hill, Farrer & BurrillCourt of Appeals for the Ninth Circuit · 1987
- Professional Real Estate Investors, Inc. v. Columbia Pictures Industries, Inc.Supreme Court of the United States · 1993
38 more not listed; retrieve them via the Exa API.
3Cited by134 opinions
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- Federal Trade Commission v. AbbVie IncCourt of Appeals for the Third Circuit · 2020
- Fresenius Usa, Inc. v. Baxter International, Inc.Court of Appeals for the Federal Circuit · 2009
- Revolution Eyewear, Inc. v. Aspex Eyewear, Inc.Court of Appeals for the Federal Circuit · 2009
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