The World in U.S. Courts was launched as a quarterly publication almost five years ago to catalogue new U.S. court decisions discussing some of the unique risks and opportunities for parties based in other countries. A few...more
On May 30, the US Supreme Court issued a decision in Impression Products, Inc. v. Lexmark Int'l, Inc., which changed the settled law of "international patent exhaustion"—whether a US patent infringement suit may be brought in...more
6/5/2017
/ Foreign Sales ,
Imports ,
Impression Products v Lexmark International ,
Intellectual Property Protection ,
IP License ,
Patent Exhaustion ,
Patent Infringement ,
Patent Litigation ,
Patents ,
Resales Agreements ,
SCOTUS ,
Single-Use/No Resale Restriction ,
Stream of Commerce
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
Last week, in In re Cipro Cases I & II, Case No. S198616, the Supreme Court of California adopted the United States Supreme Court's application of the Rule of Reason to the antitrust analysis of so-called "reverse payment"...more
5/15/2015
/ Antitrust Litigation ,
Burden of Proof ,
CA Supreme Court ,
Cartwright Act ,
Cipro ,
Class Action ,
Food and Drug Administration (FDA) ,
FTC v Actavis ,
Generic Drugs ,
Hatch-Waxman ,
Monopolization ,
Patent Infringement ,
Patents ,
Pharmaceutical Industry ,
Reverse Payment Settlement Agreements ,
Rule-of-Reason Analysis ,
Unfair Competition
Winter 2015 -
The Global law firm Orrick, Herrington & Sutcliffe LLP takes great pride in announcing the Winter 2015 edition of The World in US Courts: Orrick’s Quarterly Review of Decisions Applying US Law To Global...more
2/18/2015
/ Alien Tort Statute ,
Antitrust Litigation ,
Competition ,
Cross-Border ,
Dodd-Frank ,
Foreign Corrupt Practices Act (FCPA) ,
Foreign Sovereign Immunities Act of 1976 (FSIA) ,
FTAIA ,
Human Trafficking ,
Multinationals ,
Patent Infringement ,
Patents ,
Securities Litigation ,
Sherman Act ,
White Collar Crimes
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
Summer 2014 -
The Global law firm Orrick, Herrington & Sutcliffe LLP takes great pride in announcing the Summer 2014 edition of The World in US Courts: Orrick’s Quarterly Review of Decisions Applying US Law To Global...more
Earlier this week in FTC v. Actavis, No. 12-416 (U.S. Jun. 17, 2013), the Supreme Court handed down its long-anticipated ruling on “reverse payment” or “pay-for-delay” agreements, holding that these agreements—while not...more