Susan E. Foster

Susan E. Foster

Perkins Coie

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The Antitrust Review Of The Americas 2013: US: Recent Developments in Intellectual Property Antitrust Law

United States antitrust laws seek to encourage free and open competition by preventing exclusionary conduct that threatens the competitive process. Intellectual property rights (IPR) laws, by contrast, are designed to...more

8/20/2013 - Acquisitions FTC Patents Pay-For-Delay Reverse Payment Settlement Agreements

Unscrambling The Eggs: FTC And DOJ Challenges To Non-HSR-Reportable Deals

On July 22, 2013, the Federal Trade Commission challenged Solera Holdings’ acquisition of Actual Systems of America, Inc. (ASA), a competing provider of software used by the automotive recycling industry. ...more

8/12/2013 - Antitrust Litigation DOJ FTC Hart-Scott-Rodino Act Reporting Requirements

Federal Merger Enforcement Increases To Highest Level In Five Years

Hart-Scott-Rodino Filings Decreased Slightly in 2012, but Percentage of Investigations Leading to Second Requests and Enforcement Actions Increased; FTC Continues to Enforce HSR Act in Connection with Corporate Officers' and...more

7/17/2013 - Board of Directors Compliance Corporate Governance Corruption Enforcement Actions FTC Hart-Scott-Rodino Act Investigations Mergers Officers Stock Options

Supreme Court Issues Significant Patent Antitrust Decision Rejecting The “Scope Of The Patent” Rule

In the most significant patent antitrust decision in decades, Federal Trade Commission v. Actavis, Inc., No. 12-416, 2013 WL 2922122 (June 17, 2013), the Supreme Court has held, by a 5-3 vote with Justice Alito recused, that...more

6/19/2013 - Actavis Inc. FTC FTC v Actavis Generic Drugs Patents Pay-For-Delay Pharmaceutical Prescription Drugs Reverse Payment Settlement Agreements SCOTUS

Vermont Heightens Enforcement Efforts Against Patent Assertion Entities

With two deft strokes, Vermont simultaneously increased the tools in its enforcement toolbox and dealt a significant blow to a well-known patent assertion entity (PAE)....more

6/7/2013 - Bad Faith Infringement Non-Practicing Entities Patent Trolls Patents Proposed Legislation Unfair or Deceptive Trade Practices

In re LIBOR-Based Financial Instruments Antitrust Litigation: A Long Road Ahead

In a self-described “unexpected” ruling for the defendants in the consolidated LIBOR proceedings, Judge Naomi Reice Buchwald has dismissed the private plaintiffs’ antitrust and Racketeer Influenced and Corrupt Organizations...more

5/17/2013 - Antitrust Litigation CEA Libor Motion to Dismiss RICO

Supreme Court Limits State Action Immunity In Federal Trade Commission v. Phoebe Putney Health Systems

In a closely watched decision, a unanimous U.S. Supreme Court has reversed an 11th Circuit decision that invoked the state action doctrine to prevent the Federal Trade Commission (FTC) from challenging a state hospital...more

3/4/2013 - Competition FTC Governmental Immunity SCOTUS State Action Doctrine

Federal Circuit Clarifies Expanded Standing to Bring Walker Process Antitrust Claims

On November 20, 2012, the U.S. Court of Appeals for the Federal Circuit issued a decision in Ritz Camera & Image, LLC v. SanDisk Corp., No. 2012-1183, 2012 WL 5862779 (Fed. Cir. Nov. 20, 2012). They affirmed that direct...more

11/30/2012 - Patents Sherman Act Standing

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