Datel Holdings Ltd. v. Microsoft Corp.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• viewing the allegations in the light most favorable to plaintiff and interpreting contract ambiguities against the drafter
• finding allegation that defendant held approximately 66% of market as of a 6 specific date sufficient at motion to dismiss stage
• taking judicial notice of 23 limited warranty and return information, documents which were either available online or could 24 be obtained from purchase of the relevant product
• taking judicial notice of Xbox software 5 license and terms of service
• “[T]o establish a single-brand aftermarket under Kodak and Newcal, the restriction in the aftermarket must not have been sufficiently disclosed to consumers in advance to enable them to bind themselves to the restriction knowingly and voluntarily.”
• judicially 2 noticing a limited warranty and online terms of use

Source: CourtListener parenthetical corpus (CC0).