William Diaz

William Diaz

McDermott Will & Emery

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ANDA Update - March 2017 Volume 3, Number 1

Speculative Evidence of Irreparable Harm Sinks Bayer's Request for Permanent Injunction - Bayer Pharma AG, et al. v. Watson Laboratories, Inc. (D. Del. December 28, 2016) - Applying the eBay factors to Plaintiff...more

3/22/2017 - ANDA Bayer Class Action Depositions Divided Infringement FDA Inducement Method Claims Obviousness Patent Infringement Patent Litigation Patents Pay-For-Delay Permanent Injunctions Pharmaceutical Industry Pharmaceutical Patents Prior Art

THE LATEST: Tenth Circuit Sides with Defendants in $200 Million Sutures Bundling Case

In an antitrust case involving bundled discount on sutures, the United States Court of Appeals for the Tenth Circuit affirmed a lower court decision granting summary judgment in favor of defendants Cardinal Health 200, LLC...more

3/16/2017 - Anticompetitive Behavior Antitrust Litigation Cardinal Health

FTC and DOJ Issue Revised Guidelines for Licensing of Intellectual Property

Since the Federal Trade Commission (FTC) and the Antitrust Division of the US Department of Justice (DOJ) first issued the Antitrust Guidelines for the Licensing of Intellectual Property (Guidelines) in 1995, both antitrust...more

2/6/2017 - Antitrust Provisions Competition Authorities DOJ FTC IP License

FTC and DOJ Update Antitrust Guidelines for the Licensing of Intellectual Property

On January 13, 2017, the Federal Trade Commission and the Antitrust Division of the US Department of Justice issued updated Antitrust Guidelines for the Licensing of Intellectual Property (the Guidelines). The revised...more

1/19/2017 - DOJ FTC FTC Guidelines Licensing Rules

ANDA Update - Volume 2, Number 3

On-Sale Bar Is No Bar for Selling Manufacturing Services to the Inventor - Addressing what constitutes an invalidating “sale” under § 102(b), the US Court of Appeals for the Federal Circuit sitting en banc affirmed the...more

11/4/2016 - ANDA Antitrust Violations Appeals Direct Infringement FDA HIV Indirect Infringement Inventors Manufacturers Motion to Dismiss On-Sale Bar Patent Infringement Patent Litigation Patents Pharmaceutical Industry Product Hopping Reverse Payments Sherman Act

FTC Report on Patent Assertion Entities Recommends Patent Litigation Reform

On October 6, the Federal Trade Commission (FTC) released its report on patent assertion entity (PAE) activity. The report is the result of research that began in September 2014 to address a gap in the agency’s understanding...more

10/14/2016 - Corporate Counsel FTC Patent Assertion Entities Patent Litigation Patents Young Lawyers

Microsoft Antitrust Suit Against InterDigital Stands, Judge Says

On April 13, 2016, the US District Court for the District of Delaware denied InterDigital’s motion to dismiss an antitrust suit filed by Microsoft (Microsoft Mobile, Inc. v. InterDigital, Inc., Case No. 15-cv-723-RGA). In...more

4/19/2016 - Antitrust Litigation Corporate Counsel Microsoft Motion to Dismiss Popular Sherman Act Standard Essential Patents

DOJ Issues Business Review Letter Pertaining to SSO Policy on Standard-Essential Patents and RAND Commitments

On February 2, 2015, the Antitrust Division of the U.S. Department of Justice (DOJ) issued a business review letter stating that it would not challenge the Institute of Electrical and Electronics Engineers, Inc.’s (IEEE’s)...more

2/12/2015 - DOJ IEEE Manufacturers Market Participants Patents RAND Standard Essential Patents

U.S. International Trade Commission Grants Injunctive Relief on Standard Essential Patent

The U.S. International Trade Commission has issued an exclusion order barring importation of certain older model Apple products for infringing a Samsung patent. The case is significant because the infringed patent was...more

6/19/2013 - Apple FRAND Imports Infringement Injunctions ITC Patents Samsung Standard Essential Patents

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