David Goldstein

David Goldstein

Orrick, Herrington & Sutcliffe LLP

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U.S. Supreme Court Reaffirms Prohibition on Post-Expiration Patent Royalties, and the Vitality of Stare Decisis, in the Kimble...

On June 22, 2015, in a 6-3 decision in Kimble et al. v. Marvel Enterprises, LLC, 576 U.S. __ (2015), the United States Supreme Court reaffirmed its holding in Brulotte v. Thys, 379 U.S. 29 (1964), that it is per se patent...more

6/25/2015 - Brulotte Expiration Date Kimble v Marvel Enterprises Patent Infringement Patent Royalties Patents Popular SCOTUS Stare Decisis

Cephalon and Teva's $1.2 Billion Consent Order with the FTC: Is it Really a Harbinger of Things to Come?

On June 17, 2015, the U.S. District Court for the Eastern District of Pennsylvania approved a consent order (the “Consent Order”) between the Federal Trade Commission and defendants Cephalon, Inc. and its parent, Teva...more

6/22/2015 - ANDA Antitrust Litigation Cephalon Consent Order Corporate Counsel Disgorgement FTC Generic Drugs Hatch-Waxman Patent Infringement Pharmaceutical Manufacturers Pharmaceutical Patents Reverse Payment Settlement Agreements Teva Pharmaceuticals The Consumer Relief Fund Unfair Competition

Orrick's Antitrust and Competition Newsletter (Global) - February 2015

DOJ’s Approval of Revisions to IEEE’s Standard-Setting Policies Provides Guidance for SSOs, Patent Holders, Licensees and Courts - On Feb. 2, 2015, the U.S. Department of Justice issued a business review letter that...more

2/19/2015 - Antitrust Litigation Cartels DOJ EU FTAIA Hospital Mergers IEEE Patents Premerger Notifications Sherman Act Standards-Essential Patents

Antitrust and Competition Newsletter - December 2014 (Global)

For this month’s Top Stories, we are republishing two very recent Orrick Client Alerts that address an important U.S. appellate decision regarding the extraterritorial application of U.S. antitrust laws and the first U.S....more

12/16/2014 - Anti-Monopoly Antitrust Litigation China Extraterritoriality Rules Foreign Affiliates Motorola Patent Royalties Patents RAND Royalties Sherman Act

Seventh Circuit Decision in Motorola Mobility Holds That the FTAIA Bars a U.S. Parent's Damages Claims Based on Its Overseas...

The Foreign Trade Antitrust Improvements Act, 15 U.S.C. § 6a (FTAIA), enacted in 1982, has provided ambiguous direction to courts and practitioners regarding the applicability of U.S. antitrust laws to conduct occurring...more

12/1/2014 - Antitrust Litigation Appeals Banks Foreign Affiliates Foreign Branches of U.S. Banks FTAIA Motorola Sherman Act

Antitrust and Competition Newsletter - October 2014 (Global)

Recent U.S. Criticism of China’s Enforcement of Its Antitrust Laws Against Foreign Companies - For some time, many in the antitrust community have expressed concerns about how China is enforcing its antitrust laws...more

10/16/2014 - Antitrust Litigation Antitrust Provisions China CJEU Competition Consent Order EU European Commission Foreign Corporations Foreign Jurisdictions FTC

Orrick's Antitrust and Competition Newsletter - August 2014

China’s MOFCOM Blocks ‘P3 Alliance’ Despite EU, U.S. Non-Opposition - On June 17, 2014, China’s Ministry of Commerce, China’s competition regulator, prohibited the proposed “P3 Alliance” that would have combined the...more

8/12/2014 - Anti-Money Laundering Antitrust Provisions China EU Fishing Industry MOFCOM Proposed Regulation Shipping

Orrick's Antitrust and Competition Newsletter - June 2014 (Global)

Opt-Out Antitrust Class Actions — A U.S. Perspective on the Consumer Rights Bill Pending in UK's Parliament - Will opt-out class actions proposed by the UK Parliament’s Consumer Rights Bill bring the dreaded U.S.-style...more

6/11/2014 - Antitrust Litigation China Competition DOJ EU European Commission FRAND FTAIA FTC MOFCOM NDRC UK Wireless Industry

2nd Circuit Decision in Lotes Clarifies FTAIA’s Effect on the Extraterritorial Reach of the Sherman Act, But Leaves Unresolved the...

Long-simmering issues concerning the applicability of the Sherman Act to foreign conduct under the Foreign Trade Antitrust Improvements Act, 15 U.S.C. § 6a (FTAIA), were addressed in the June 4, 2014 decision of the 2nd U.S....more

6/7/2014 - Antitrust Litigation Extraterritoriality Rules FTAIA License Agreements Price-Fixing RAND Sherman Act Stream of Commerce

Orrick's Antitrust and Competition Newsletter - April 2014

Shanghai High People’s Court Rules That Resale Price Maintenance Agreement Constitutes Monopolistic Agreement - The Shanghai High People’s Court recently made available its Aug. 1, 2013 final judgment overruling the...more

4/9/2014 - Antitrust Investigations Antitrust Litigation Antitrust Provisions China Competition Discrimination DOJ Foreign Corporations FTAIA FTC Healthcare Johnson & Johnson Lanham Act Lexmark Lexmark v Static Control Components Manufacturers Monopolization Price-Fixing SCOTUS

Law360: A Year Later: Comcast's Impact On Antitrust Class Actions

One year ago, on March 27, 2013, the U.S. Supreme Court issued its decision in Comcast Corp. v. Behrend, 133 S. Ct. 1426 (2013), overturning an order certifying an antitrust class action under Federal Rule of Civil Procedure...more

3/31/2014 - Antitrust Litigation Class Action Comcast v. Behrend Federal Rules of Civil Procedure Rule 23 SCOTUS

Antitrust and Competition Newsletter - October 2013

Top Story - Six Months Since Comcast: What Do Recent Decisions Mean For Antitrust Practitioners? Every antitrust lawyer should be familiar with the U.S. Supreme Court’s decision in Comcast Corp. v. Behrend, 133...more

10/8/2013 - Best Buy China Class Action Class Certification Comcast Comcast v. Behrend Competition DOJ EU FTC Microsoft Novell Patent Assertion Entities Service of Process Toshiba

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