Daniel Powers

Daniel Powers

McDermott Will & Emery

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North Carolina Dental Board Urges Reversal of FTC’s “Radical” Stance on State Action Immunity

North Carolina’s State Board of Dental Examiners has urged the U.S. Supreme Court to reject the Federal Trade Commission’s (FTC’s) “radical departure” from decades of established precedent that offers state actors immunity...more

9/8/2014 - Antitrust Investigations Antitrust Litigation FTC Governmental Immunity Governmental Liability

FTC’s Reporting Rule for Pharmaceutical Patent Transfers Upheld

On May 30, 2014, the U.S. District Court for the District of Columbia ruled in favor of the Federal Trade Commission (FTC) in a dispute with the Pharmaceutical Research and Manufacturers of America (PhRMA) regarding the...more

6/4/2014 - FTC Hart-Scott-Rodino Act Patents Pharmaceutical Pharmaceutical Patents PHRMA Popular Pre-Merger Filing Requirements Reporting Requirements

FTC Commissioner Wright Renews Calls for Section 5 Guidelines

Federal Trade Commission (FTC) Commissioner Joshua Wright continues to press for a “policy statement” that would define, and perhaps limit, the scope of the FTC’s authority to police unfair methods of competition under...more

12/5/2013 - Competition FTC Section 5 of FTC Act

New York State Publishes Draft Certificate of Public Advantage Regulations

The New York Department of Health recently published a proposed regulation that lays out the rules governing the issuance of certificates of public advantage for health care collaborations within the state....more

9/26/2013 - Certificates of Public Advantage Competition Department of Health Healthcare State Action Immunity

Commitment Issues: Federal Jury Awards Damages for Breach of FRAND Obligation

In the long-running patent dispute between Microsoft and Motorola, a U.S. District Court jury in Seattle found that Motorola breached its commitment to license certain standard-essential patents on fair, reasonable and...more

9/11/2013 - Breach of Duty Damages FRAND Jury Awards

Supreme Court Comcast Decision Makes Antitrust Class Action Certification More Difficult

The Supreme Court’s decision in Comcast Corporation v. Behrend, an antitrust case involving a class of more than two million current and former cable television subscribers in the Philadelphia area, raises the bar for...more

4/2/2013 - Class Action Class Certification Comcast Comcast v. Behrend Damages Daubert Hearing Expert Testimony SCOTUS

IP Update, Vol. 15, No. 12, December 2012

In This Issue: Patents - ..Federal Circuit Rules It’s Own Standards Apply When Considering Preliminary Injunctions ..Preliminary Testing of Medical Devices in Animals Enables Their Use in...more

12/28/2012 - America Invents Act Claim Construction Competition Copyright Infringement ITC Obviousness Patent Assertion Entities Patent Reform Patents Pay-For-Delay Permanent Injunctions Preliminary Injunctions Reissue Patents Restitution Trade Secrets Trademarks Walker Process Claims

Joint DOJ-FTC Workshop Explores Competitive Impact of Patent Assertion Entities

Federal antitrust enforcement agencies are closely studying the growing activity of patent assertion entities (PAE). At a recent joint workshop sponsored by the Federal Trade Commission (FTC) and U.S. Department of Justice...more

12/19/2012 - DOJ FTC Patent Assertion Entities Patents

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