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Sham Hatch-Waxman Infringement Suits And FDA Citizen Petitions; A Potential For New Liability For Innovators?

Under what is commonly known as “Noerr-Pennington immunity,” persons exercising their First Amendment right to petition the government for redress are generally immune from antitrust liability, even though their actions may...more

Good News, Bad News and More Inflammatory Rhetoric in Myriad Genetics Case

While the rest of the patent world was focused on Supreme Court opinions (issued and pending) and Congressional action vel non on threats like patent trolls, the consolidated Multi District Litigation between Myriad Genetics...more

Patent Enforcement Protected by First Amendment?

After receiving a draft complaint and a stipulated order from the Federal Trade Commission (FTC) banning its allegedly deceptive letters to infringers of its scanning technology, MPHJ Technology Investments LLC (MPHJ) filed...more

Digital Content Producers (Still) Lack Antitrust Standing to Sue Wireless Carriers Over MMS

In a prior post, I covered the district court’s decision in Davis v. AT&T Wireless Services, Inc. There, the Central District of California dismissed antitrust claims against various wireless telephone companies and other...more

US China Trade War Developments - Trade, IP, Antitrust and Securities

There have been major developments in the trade, Chinese Antidumping, 337, litigation, US/Chinese antitrust, and securities areas. TRADE - THE ANTICOMPETITIVE IMPACT OF US ANTIDUMPING LAW IN CHINA AND THE US...more

The Complexities of the USPTO Proposed Attributable Ownership Rules

The USPTO proposed attributable ownership rules would require the public disclosure of the “attributable owner” of patent applications and patents. As discussed in this article, the proposed definition of “attributable owner”...more

SCOTUS Clears District Court Jam Over Test for Standing in False Advertising Cases

Printing has not been this interesting since Dwight Schrute and Jim Halpert bickered over paper sales and Michael Scott told off-color jokes in “The Office.” Last week, the U.S. Supreme Court stepped into the laser...more

Supreme Court Clarifies Standing For False Advertising Cases

On March 25, 2014, the United States Supreme Court issued a unanimous decision resolving an important issue that has implications for companies seeking redress for false advertising and disparagement. In Lexmark...more

FTC Hit with Lawsuit by Target of its Fraudulent Patent Enforcement Investigation

On January 13, 2014, MPHJ Technology Investment LLC (MPHJ) filed a seven-count complaint against the Federal Trade Commission (FTC) alleging various constitutional and other violations, including violations of MPHJ’s First...more

Patent Assertion Entity Sues FTC, Agrees to Follow New York Attorney General Guidelines

A well-known “patent assertion entity” (PAE), MPHJ Technology Investment LLC, filed a declaratory judgment suit against the Federal Trade Commission (FTC) and its Commissioners for the agency’s alleged “threats to bring...more

False Advertising: Supreme Court to Decide Who Can Sue

The Supreme Court has recently agreed to hear argument in Lexmark v. Static Control that will strike at the very heart of false advertising jurisprudence by asking who is allowed to bring false advertising claims. The Lanham...more

A Cure For Antitrust Standing?

Recently, the Third Circuit reexamined the test for antitrust standing in Ethypharm S. A. France v. Abbott Laboratories. The importance of the opinion, however, lies not just in the court’s affirmation of the multifactor test...more

Antitrust and Competition Newsletter - February 2013

In This Issue: - A Modern Look at the Nine ‘No-Nos’ of Patent Licensing Under U.S. Antitrust Law: The First Four ‘No-Nos’ - Supreme Court Grants Cert. in Watson Reverse Payment Settlement Case - 7th Circuit...more

Direct Purchasers Can Bring Walker Process Claims

In Ritz Camera & Image v. SanDisk Corp., No. 2012-1183 (Fed. Cir. Nov. 20, 2012), the Federal Circuit held that direct purchasers have antitrust standing to bring Walker Process claims....more

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

Advertising Law -- May 4, 2012

In This Issue: *Manatt Expands Intellectual Property Practice in New York *Federal Court Rules Muscle Milk Lawsuit Needs More Muscle *How Much Is That App in the Window? *City Ordinance Banning Outdoor Tobacco...more

Digital Content Producers Lack Antitrust Standing to Sue Wireless Carriers Over MMS

Davis v. AT&T Wireless Services, Inc., No. CV 11-02674 DDP (March 1, 2012) (Pregerson, J.) Not everyone can sue for an antitrust violation.  Usually, if plaintiffs and defendants do not at least participate...more

Socially Aware: The Social Media Law Update - Vol. 2, Issue 2 - April 2011

In this issue: FTC Charges Google With Deceptive Practices; California District Court Holds Facebook Posts Subject to CAN-SPAM Act; Ninth Circuit Takes Sides in Battle Over Terms of Use in World of Warcraft Case; New Charge...more

Expanded Standing, or "Back to Basics"? Flash Memory Direct Purchasers Found to Have Standing to Assert Walker Process Claims

In Ritz Camera & Image, LLC v. SanDisk Corporation, et al., United States District Court, ND Cal., Case No. 5:10-CV02787-JF/HRL, the court denied a motion to dismiss in a Walker Process "fraud on patent office" case, and...more

IP Update, Vol. 14, No. 3, March 2011

In This Issue: Patents: Is §292 (Qui Tam) Statute Unconstitutional? Need More than Mouse Disclosure and a Few CIPs to Support Human Antibody Claims; Limitation on the Number of Asserted Claims Does Not Violate Due...more

Pricing e governance della spesa farmaceutica pubblica - Alcune proposte per una riforma organica che abbracci tutta la filiera

Fabio Pammolli e Nicola C. Salerno descrivono una proposta di rinnovamento complessivo della governance della spesa farmaceutica pubblica, con riferimento sia alla fascia "A" che alla fascia "H". I punti principali della...more

Chamber of Commerce v. Servin, et al.

Memorandum of Amicus Curiae Public Citizen in Support of Dismissal of the Trademark and Unfair Competition Claims

EFF and Davis Wright Tremaine, LLP, are defending the Yes Men and other activists in a lawsuit filed against them by the U.S. Chamber of Commerce over political criticism of the Chamber's stance on climate change...more

Advertising Law - October 21, 2009

In This Issue: *Tobacco Firms Sue To Block Marketing Limits *Weight Watchers Sues Nestle Over Use of Trademark *Gift Card Suit Against McDonald’s Moves Forward *Complaints Against Video Ad Nets Rise *Dannon Settles...more

Newsletter of the Advertising, Marketing & Media Practice Group of Manatt, Phelps & Phillips, LLP

IN THIS ISSUE: *Court Strikes Down California Video Game Law *Jon Leibowitz to Head FTC *Intel and Psion Fight Over “Netbook” Trademark *Obama Nominates Campaign Aide to Lead FCC *Court: NYC Food Chains Must Post...more

Newsletter of the Advertising, Marketing & Media Practice Group of Manatt, Phelps & Phillips, LLP

IN THIS ISSUE: *FTC Study: Spending on Kid Marketing Much Lower Than Thought *Court Strikes Down Ban on Ads for Alcohol *Good-bye Scrabulous, Hello Wordscraper *COPA Struck Down Yet Again *Supermarkets Squabble Over...more

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