Irene Ayzenberg-Lyman

Irene Ayzenberg-Lyman

Dechert LLP

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Promotional Allowances in a New Retail Environment: FTC Revises its Fred Meyer Guides

The Commission revised its guidelines for interpreting and complying with the Robinson-Patman Act to account for changes in technology and methods of marketing that have taken place since the last revision in 1990, including...more

10/8/2014 - Fred Meyer Guides FTC Internet Retailers Marketing Retailers Robinson-Patman Act

U.S. Supreme Court Rejection of the “Scope of the Patent” Test in FTC v. Actavis Has Wide-Ranging Implications

Key Points: - Patent settlements must be analyzed under the rule of reason, requiring a full analysis of the net competitive effects - Payments to an alleged infringer may be permissible if justified by, for...more

6/20/2013 - Actavis Inc. FTC FTC v Actavis Generic Drugs Hatch-Waxman Patents Prescription Drugs Reverse Payment Settlement Agreements Settlement

Pending Bill Would Expand FTC Powers Over Drug Patent Settlements and Alter the Legal Test

Key Points: - This month several U.S. Senators introduced the Preserve Access to Affordable Generics Act. There is no similar bill pending in the U.S. House. - The Act revives legislative efforts to wipe out the...more

2/14/2013 - Drug Manufacturers Enforcement FTC Infringement Patents Penalties Pharmaceutical Preserve Access to Affordable Generics Act Presumption of Illegality Reverse Payment Settlement Agreements SCOTUS

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