Daniel Powers

Daniel Powers

McDermott Will & Emery

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Latest Publications


Has Antitrust Enforcement Been ‘Reinvigorated’ Under Obama?

In the 2008 presidential election campaign, then-candidate Barack Obama promised to “reinvigorate” antitrust enforcement. Over the last few years, several observers have concluded that the Obama administration’s antitrust...more

10/28/2015 - Antitrust Investigations Barack Obama DOJ Enforcement Actions FTC Hart-Scott-Rodino Act Obama Administration

Ninth Circuit is the First Appeals Court to Rule on RAND/SEP Licensing

In a decision written by Judge Marsha S. Berzon, a three-judge panel of the U.S. Court of Appels for the Ninth Circuit affirmed a first-of-its-kind district court judgment relating to royalty rates for standard-essential...more

8/5/2015 - America Invents Act Appeals Breach of Contract IEEE Injunctive Relief Jurisdiction Microsoft Motorola Patent Infringement Patent Litigation Patent Royalties RAND Standard Essential Patents

Third Circuit Extends Actavis to Reverse Settlement Agreements Involving Non-Cash Consideration - King Drug Company of Florence,...

Addressing for the first time whether reverse settlement agreements involving non-cash consideration merit antitrust scrutiny, the U.S. Court of Appeals for the Third Circuit reversed the district court, applying the...more

8/4/2015 - ANDA Anti-Competitive FTC FTC v Actavis Generic Drugs Hatch-Waxman Patent Infringement Patent Litigation Pharmaceutical Industry Pharmaceutical Patents Putative Class Actions Reverse Payment Settlement Agreements SCOTUS Teva Pharmaceuticals

Four FTC Commissioners Reject Wright’s Call for GUPPI Safe Harbor

Four members of the Federal Trade Commission (FTC) issued a statement on July 13, 2015, disputing claims by a fellow commissioner that the 2010 Horizontal Merger Guidelines include a “safe harbor” that is available in...more

7/17/2015 - Anti-Competitive Dollar Tree FTC Horizontal Mergers Safe Harbors

Top Antitrust Enforcers Respond to Congressional Questioning

Federal Trade Commission (FTC) Chairwoman Edith Ramirez and Assistant Attorney General William Baer testified before the House Committee on the Judiciary’s Subcommittee on Regulatory Reform, Commercial and Antitrust Law on...more

5/26/2015 - Antitrust Provisions China Congressional Investigations & Hearings FTC

Ninth Circuit Affirms Divestiture of Consummated Physician Practice Acquisition

The U.S. Court of Appeals for the Ninth Circuit affirmed an Idaho federal district court’s decision ordering the divestiture of a physician practice group that had been acquired by a competing health system. The case, which...more

3/2/2015 - Antitrust Litigation Antitrust Provisions Appeals Divestiture FTC Healthcare Hospital Mergers Hospitals The Clayton Act

FTC Commissioner Brill Urges Congress to Act on Patent Trolls

In a speech at the American Antitrust Association (AAI) and Computer & Communications Industry Association (CCIA) Conference on Innovation, Patents and PAEs on December 10, 2014, Federal Trade Commissioner (FTC) Julie Brill...more

12/16/2014 - Enforcement FTC Patent Assertion Entities Patent Trolls Patents

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 Industry 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

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 - 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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