Robert Lobue

Robert Lobue

Patterson Belknap Webb & Tyler LLP

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Apple Signals It Will Seek Supreme Court Reversal on E-Book Decision

Earlier this month, Apple signaled its intention to petition for writ of certiorari after the Second Circuit upheld Judge Cote’s decision to apply per se liability in analyzing the firm’s conduct with respect to e-books in...more

10/1/2015 - Antitrust Violations Appeals Apple Competition e-Books Horizontal Agreements Hub-and-Spoke Conspiracy Monopolization Publishers SCOTUS Vertical Restraints

The DOJ’s Airline Investigation: A Primer

Last month, the Associated Press was the first to report that the DOJ is investigating whether American Airlines, Delta Air Lines, Southwest Airlines, and United Airlines have engaged in collusion. Since that time, there has...more

8/21/2015 - Airlines American Airlines Collusion Delta Airlines Department of Transportation DOJ Government Investigations Price-Fixing Southwest Airlines United Airlines

The Government’s Generic Price-Fixing Investigation Targets Allergan’s Actavis Unit

This is our fourth post on the DOJ’s expanding investigation into possible price fixing by generic drug manufacturers. (Click here, here, and here to read our prior posts.) Since our last update, the DOJ has subpoenaed...more

8/19/2015 - Antitrust Division DOJ Drug Manufacturers Generic Drugs HHS Medicaid OIG Pharmaceutical Manufacturers Price-Fixing Subpoenas

Authors and Booksellers to Justice Department: Investigate Amazon

We recently wrote about the Second Circuit’s June 30, 2015 decision affirming Judge Denise Cote’s decision that Apple conspired with five publishing companies to raise the price of e-books....more

8/7/2015 - Abuse of Dominance Amazon Antitrust Violations Apple Authors Books DOJ e-Books EU Market Power Publishers

Do Businesses Understand Competition Law?

This spring, the UK Competition and Markets Authority (the “CMA”) published a study on UK businesses’ awareness and understanding of competition law, understanding of anti-competitive behaviors, and penalties for any...more

8/6/2015 - Competition Product Pricing UK UK Competition and Markets Authority (CMA)

Northern District of California Upholds Assignment of Antitrust Claims to Indirect Purchasers

Portions of a reverse payment suit against Endo Pharmaceuticals and others were recently dismissed by Judge William H. Orrick of the Northern District of California. The case was brought by plaintiffs who allege that a...more

7/24/2015 - Antitrust Litigation Assignments Endo Pharmaceuticals Generic Drugs Indirect Purchasers Patents Pay-For-Delay Pharmaceutical Manufacturers Settlement Agreements Standing The Clayton Act Wholesale

Teva Agrees to Pay $1.2 Billion in FTC’s Pay-For-Delay Suit Against Cephalon

Recently, the FTC announced that it reached a settlement in its pay-for-delay lawsuit, FTC v. Cephalon Inc. in the U.S. District Court for the Eastern District of Pennsylvania, with Teva Pharmaceuticals Industries, Ltd.,...more

6/1/2015 - Cephalon Drug Manufacturers FTC Generic Drugs Patent Litigation Patents Pay-For-Delay Permanent Injunctions Reverse Payment Settlement Agreements Teva Pharmaceuticals

American Express Appeals Anti-Steering Permanent Injunction to Second Circuit

Last Thursday, American Express appealed the District Court for the Eastern District of New York’s February ruling that its anti-steering rules violated Section 1 of the Sherman Act. The court entered a permanent injunction...more

5/29/2015 - American Express Anti-Steering Rules Appeals Credit Cards Merchants Motion To Stay Permanent Injunctions Sherman Act

Solicitor General Argues that Antitrust Principles Do Not Warrant Overturning Brulotte

On Friday the Solicitor General filed an amicus brief in Kimble v. Marvel Enterprises. As we previously noted, in Kimble, the Supreme Court will consider whether to overturn Brulotte v. Thys Co., a 50-year-old precedent...more

3/13/2015 - Antitrust Provisions Breach of Contract Brulotte Kimble v Marvel Enterprises License Agreements Marvel Comics Patent Infringement Patent Royalties Patents SCOTUS Settlement Trademarks

Will the European Court of Justice Conclude that Antitrust Law Prohibits Royalties for Invalid Patents?

The European Court of Justice recently announced that it will issue a decision in Genentech Inc. v. Hoechst GmbH, in response to a request from the Paris Court of Appeals for clarification on whether European antitrust law...more

3/11/2015 - Antitrust Provisions EU European Court of Justice Genentech IP License Patents Royalties

Generic Drug Price Hike Investigations Target Lannett

Since we last reported on state and federal investigations into recent generic drug price increases, the investigations have moved forward against Philadelphia-based Lannett Co. On November 20, a Senate healthcare...more

2/25/2015 - Congressional Investigations & Hearings Generic Drugs Government Investigations Healthcare Pharmaceutical Pharmaceutical Manufacturers Unfair Pricing

Court Rules Against American Express Based on Both Direct and Indirect Evidence of Harm to Competition

On February 19, 2015, the District Court for the Eastern District of New York issued its ruling on liability in United States v. American Express. Following a seven-week trial, the Court found that American Express violated...more

2/23/2015 - American Express Sherman Act

American Needle Settlement to End Nine-Year Litigation

On February 16, American Needle Inc. reached an agreement in principle with the National Football League to settle its claims. A settlement between the parties would mark the end of an antitrust litigation that has been...more

2/20/2015 - Antitrust Litigation Fashion Industry IP License Judicial Settlement Agreements License Agreements NFL Trademarks

Court Allows “Product Hopping” Claims to Proceed in Suboxone Litigation Based on Allegations of Removal of Prior Formulation and...

We’ve previously discussed antitrust claims related to “product hopping”—allegations that pharmaceutical manufacturers have reformulated or otherwise altered their products to prevent automatic generic substitution. Earlier...more

12/11/2014 - Antitrust Litigation Antitrust Provisions FDA Generic Drugs Pharmaceutical Pharmaceutical Manufacturers Pharmaceutical Patents Product Hopping

Law Professors Suit Up for NCAA in O’Bannon Appeal

On November 21, 2014, professors of antitrust law from 15 universities filed an amicus brief in support of the NCAA’s appeal in O’Bannon v. NCAA. (This blog has previously covered the O’Bannon case; the most recent entry...more

12/3/2014 - Antitrust Litigation Appeals College Athletes NCAA Sherman Act

Seventh Circuit Affirms Dismissal of 99% of Motorola’s Claims in LCD Case Based on Motorola’s Lack of Standing

On the day before Thanksgiving—less than two weeks after oral argument—the Seventh Circuit issued its ruling on Motorola’s interlocutory appeal in Motorola Mobility LLC v. AU Optronics Corp., affirming dismissal of the vast...more

12/2/2014 - Antitrust Litigation Banks Dismissals Foreign Branches of U.S. Banks FTAIA Garnishment Interlocutory Appeals Motorola Price-Fixing Sherman Act

Chinese Antitrust Enforcers Under Fire for Targeting Foreign Firms

China’s antitrust regulators have been on a tear lately. Last year the State Administration for Industry and Commerce (“SAIC”) began its investigation of Qualcomm for allegedly violating China’s 2008 Anti-Monopoly Law. SAIC...more

9/22/2014 - Anti-Monopoly Antitrust Litigation Antitrust Provisions China Qualcomm

Supreme Court Nixes Aereo TV, Holding That Internet Streaming of Broadcast TV to Subscribers Violates Copyright Law

On June 25, 2014, the United States Supreme Court decided ABC v. Aereo, one of the more important (and most closely watched) copyright cases of the digital era. The Court’s 6-3 decision that streaming-TV startup Aereo...more

7/17/2014 - ABC ABC v Aereo Aereo Broadcasting Copyright Copyright Infringement Public Performance Rights SCOTUS The Copyright Act

Antitrust Update: Second Circuit Adopts Rule Making it Easier to Find Liability for Foreign Anticompetitive Conduct

On June 4, 2014, the Second Circuit issued its decision in Lotes Co., Ltd. v. Hon Hai Precision Industry Co., an important ruling on the reach of the U.S. antitrust laws to foreign conduct. The Foreign Trade Antitrust...more

6/15/2014 - Antitrust Injuries Antitrust Litigation Competition FTAIA Nexus Proximate Cause

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