The Supreme Court’s ruling in Federal Trade Commission v. Actavis, Inc., will almost certainly have major implications for the viability of Federal Trade Commission and private suits alleging that pay-for-delay settlements...more
3/27/2013 - FTC Generic Drugs Infringement Patents Pay-For-Delay Pharmaceutical SCOTUS Settlement
The Supreme Court decision in FTC v. Phoebe Putney Health System, Inc., makes clear that state action immunity from federal antitrust laws is disfavored, and local governmental, quasi-public and private entities can only...more
2/21/2013 - Acquisitions FTC FTC v. Phoebe Putney Health System Government Entities Governmental Immunity Hospital Mergers SCOTUS State Action Doctrine
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 Nonobviousness Obviousness Patent Assertion Entities Patents Pay-For-Delay Permanent Injunctions Preliminary Injunctions Reissue Patents Restitution Trade Secrets Trademarks Walker Process Claims
The Supreme Court of the United States has granted the government’s petition for a writ of certiorari in FTC v. Watson Pharmaceuticals, agreeing for the first time to address the antitrust and patent law implications of...more
12/11/2012 - FTC Patents Pay-For-Delay Pharmaceutical Reverse Payment Settlement Agreements Split of Authority
In oral argument in FTC v. Phoebe Putney Health System, Supreme Court Justices focused on whether the state legislature clearly articulated a state policy to displace competition with regulation, in a case challenging the...more
11/28/2012
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