Antitrust & Trade Regulation, Science, Computers & Technology, Intellectual Property

ITC Section 337 Update - May 15, 2013

by King & Spalding on 5/20/2013

Federal Circuit Affirms Commission Determination That Litigation Activities Unrelated To Licensing Do Not Satisfy Domestic Industry – On May 13, 2013, the Federal Circuit affirmed a January 2012 Commission determination that...more

Demystifying European Antitrust Law

by Wilson Sonsini Goodrich & Rosati on 5/17/2013

In the first of a series of WSGR Alerts, the firm's Brussels attorneys outline the European Commission's proposed changes to the antitrust rules on licensing patents, software, know-how, and other intellectual property....more

Trade Secret “Watch List”: Bill Would Establish Monitoring List Of Countries Engaging In Cybertheft, And Make U.S. Intelligence...

by Robert Isackson | Orrick - Trade Secrets Group on 5/10/2013

Here’s another sign of the rising urgency of trade secret theft as a national security issue: the Chairman of the Senate Armed Services Committee wants the head of the nation’s intelligence bureaucracy to track countries that...more

A New Front in The Patent Wars: CJEU Asked for Guidance on Limits to Injunctive Relief

by David Henry, Wilko van Weert, Philipp Werner | McDermott Will & Emery on 4/11/2013

The patent wars between large technology companies continue unabated. The Court of Justice of the European Union (CJEU) is set to provide guidance on the antitrust rules when holders of standard essential patents seek...more

April 2013: Life Sciences Litigation Update: Will the Supreme Court Resolve Circuit Split on Settlement of ANDA Disputes?

by Quinn Emanuel Urquhart & Sullivan, LLP on 4/5/2013

On March 25, 2013, the U.S. Supreme Court heard oral argument in Federal Trade Commission v. Actavis, Inc. (Docket No. 12-416). The Actavis case centers around the debate over the type of antitrust analysis that should apply...more

Supreme Court Hears Arguments on "Pay for Delay" Agreements

by Michelle Kim, Seth Mailhot | Sheppard Mullin Richter & Hampton LLP on 4/5/2013

On March 25, 2012, the Supreme Court heard oral argument on the legality of “reverse payment” or “pay for delay” agreements between brand-name and generic drug manufacturers....more

Litigation Alert: U.S. Supreme Court to Weigh In on Reverse Payment Deals

by Melanie Mayer, David Tellekson | Fenwick & West LLP on 4/3/2013

On March 25, 2013, the U.S. Supreme Court heard oral argument in FTC v. Actavis, Inc.,1 which is on appeal from the U.S. Court of Appeals for the Eleventh Circuit. This case addresses a type of patent litigation settlement...more

Supreme Court Oral Argument in FTC v. Actavis

by Kevin E. Noonan | McDonnell Boehnen Hulbert & Berghoff LLP on 4/2/2013

The Supreme Court heard oral argument in Federal Trade Commission v. Actavis (the caption for what was Federal Trade Commission v. Watson Pharmaceuticals, Inc. in the 11th Circuit opinion below) last Monday, with Deputy...more

Academic White Paper Rebuts FTC and S. 214

by Kevin E. Noonan | McDonnell Boehnen Hulbert & Berghoff LLP on 3/29/2013

Paul Bender, former Clinton-era Principal Deputy Solicitor General, and his colleagues Christopher A. Mohr and Michael Kippler at the University of Arizona Law School, published a White Paper entitled "S. 214's inappropriate...more

Supreme Court Hears Oral Argument in "Pay-for-Delay" Patent Settlement Antitrust Case

by Jeffrey W. Brennan, Glenn Engelmann | McDermott Will & Emery on 3/27/2013

The Supreme Court’s ruling in Federal Trade Commission v. Actavis, Inc., will almost certainly have major implications for the viability of Federal Trade Commission and private suits alleging that pay-for-delay settlements...more

Can Big Pharma Pay To Keep Generics Off the Market?

by Aaron Kase | Lawyers.com on 3/26/2013

The U.S. Supreme Court today heard arguments over whether big pharmaceutical companies can pay generic drug manufacturers to delay their entry into the marketplace....more

Case Brief: Federal Trade Commission v. Watson Pharmaceuticals

by Kwame Mensah | McDonnell Boehnen Hulbert & Berghoff LLP on 3/26/2013

[Ed. The Supreme Court heard oral argument today in Federal Trade Commission v. Watson Pharmaceuticals. While Patent Docs will provide analysis regarding the oral argument in a subsequent post, we provide the following...more

Free Product Distribution or Discounted Component Distribution Likely Does Not Exhaust Patent Rights

by Howard Ullman on 3/22/2013

In LifeScan, Inc. v. Shasta Technologies, LLC, 2013 U.S. Dist. LEXIS 38677 (N.D. Cal. Mar. 19, 2013), Judge Davila granted plaintiff’s motion for a preliminary injunction to address claims of patent infringement, and...more

Clearance: Proskauer's Quarterly Antitrust Update - Winter 2013

by Alan Kusinitz, Andrew Wellin | Proskauer Rose LLP on 3/21/2013

In This Issue: - Watson and Reverse Payments: An Opportunity to Resolve the Competing Tension Between Antitrust and Patent Law Under the Hatch-Waxman Act - Judge Posner on the Limits of the Per Se Rule against Price...more

A Cure For Antitrust Standing?

by Deirdre McInerney, Barbara Sicalides | Pepper Hamilton LLP on 3/7/2013

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

Will FTC Chairman Leibowitz’s Departure Change The Enforcement Landscape?

by Barak Bassman, Daniel Boland, Deirdre McInerney, Barbara Sicalides | Pepper Hamilton LLP on 3/7/2013

After three years at the helm of the Federal Trade Commission (FTC), Chairman Jon Leibowitz stepped down. Without a doubt Chairman Leibowitz has been a visible and relentless advocate for restricting pay-for-day or reverse...more

Par/Paddock Answers FTC Before Supreme Court

by Kevin E. Noonan | McDonnell Boehnen Hulbert & Berghoff LLP on 2/28/2013

Par PharmaceuticalPar/Paddock, one of the generic drug company defendants in FTC v. Actavis Inc. et al. (the "reverse payment" ANDA settlement case now before the Supreme Court) filed its reponsive brief last week. In it,...more

Proposed Amendments to the EU Competition Assessment of Technology Transfers

by Neil Baylis, Jennifer Marsh | K&L Gates LLP on 2/27/2013

The European Commission (the "Commission") is considering revisions to the rules governing the assessment of technology transfer agreements such as patent licences in advance of the expiry of the existing rules on 30 April...more

Business News Digest – February 2013

In this issue: - What You Need to Know About the Proposed Maryland Investment Tax Credit for Cybersecurity - Trade Secret Legislation May Increase Infringement Claims and Lead to a Private Right of Action -...more

Around the Virtual World - February 4-15, 2013

by Pillsbury Social Media, Entertainment &... on 2/18/2013

A weekly wrap up of interesting news about virtual worlds, virtual goods and other social media. In This Issue: - Path Inc. to Settle Charges Over Collecting Kids' Data - Feds Urge App Makers, Mobile Operating...more

Can An “Anti-Patent Troll” Be a Monopsonist or a Section 1 Conspirator?

by Howard Ullman on 1/30/2013

A recent interesting case suggests that “anti-patent trolls” may in theory face antitrust liability. In Cascades Computer Innovation LLC v. RPX Corp., 2013 U.S. Dist. LEXIS 10526 (N.D. Cal. Jan. 24, 2013), Judge Yvonne...more

The Continuing Saga of Reverse Payment Patent Litigation

by Howard Ullman on 1/25/2013

In FTC v. Watson Pharmaceuticals, Inc. (Supreme Court No. 12-416), the FTC unsurprisingly filed a merits brief this month again arguing that pay-for-delay (or “reverse payment”) patent settlements are presumptively...more

In a Rarely-Seen Joint-Effort in the Competition Arena, the DOJ and the USPTO Unite in Issuing a Policy Statement on Remedies...

by Mona Solouki | Sheppard Mullin Richter & Hampton LLP on 1/21/2013

On January 8, 2013 – less than a week after the Federal Trade Commission ("FTC") entered into a consent order with Google,[1] under which Google is generally banned from seeking injunctions on its F/RAND[2] -encumbered...more

Supreme Court to Hear AndroGel Reverse Payment Case

by Courtenay C. Brinckerhoff | Foley & Lardner LLP on 1/10/2013

The Supreme Court granted certiorari in Federal Trade Commission v. Watson Pharmaceuticals, Inc., to address whether and when “reverse payment” agreements made to settle ANDA litigation violate antitrust laws....more

ICANN’s domains under attack

by Melanie Howard, Douglas N. Masters | Loeb & Loeb LLP on 1/10/2013

Originally published in the December 2012/January 2013 issue of Intellectual Property Magazine. In the wake of ICANN’s failure earlier this year to dismiss anti-trust allegations arising from the new generic top level...more

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Antitrust & Trade Regulation › Science, Computers & Technology › Intellectual Property