There have been several developments since we last wrote about Intel and Apple’s suit against Fortress and several of its so-called “patent assertion entities” (collectively, “Fortress”) based on the allegedly anticompetitive...more
The Supreme Court is the only avenue left for JELD-WEN Inc. after the Fourth Circuit denied the door manufacturer’s motion for rehearing en banc of a panel’s decision in Steves & Sons, Inc. v. JELD-WEN, Inc., 988 F.3d 690...more
For years, antitrust commentators have warned of threats to innovation and competition posed by “thickets” of patents—the “dense web[s] of overlapping intellectual property rights that a company must hack its way through in...more
The incentive is high to identify a Sherman Act violation in your competitor’s conduct—three times higher, to be precise, than to bring a claim for an ordinary business tort or even a false advertising claim under the Lanham...more
In a recent decision denying the defendant’s motion to dismiss, Judge Mitchell Goldberg of the Eastern District of Pennsylvania allowed the manufacturer of a generic version of Suboxone to proceed upon an interesting theory...more
1/10/2017
/ Abbreviated New Drug Application (ANDA) ,
Anti-Competitive ,
Antitrust Litigation ,
Class Action ,
Corporate Counsel ,
Food and Drug Administration (FDA) ,
Generic Drugs ,
Monopolization ,
Pharmaceutical Industry ,
Prescription Drugs ,
Product Hopping ,
REMS ,
Sherman Act
A recent complaint charges PepsiCo Inc. with several antitrust violations, including price fixing and predatory pricing in violation of Section 1 of the Sherman Act, conspiracy and attempt to monopolize in violation of...more
Drug company Turing Pharmaceuticals made headlines recently when it reportedly raised the price of Daraprim, used commonly by AIDS patients to fight life-threatening infections, from $13.50 to $750 per tablet. Amidst...more
10/19/2015
/ Anti-Competitive ,
Attorney General ,
Duty to Deal ,
Federal Trade Commission (FTC) ,
Generic Drugs ,
Monopolization ,
Mylan Pharmaceuticals ,
Patent Litigation ,
Pharmaceutical Distribution ,
Pharmaceutical Industry ,
Popular ,
Retailers ,
Reverse Payment Settlement Agreements ,
SCOTUS ,
Wholesale