Antitrust & Trade Regulation Intellectual Property

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[Event] Recent Developments in EU Antitrust Enforcement - Jan. 17th, Silicon Valley - Jan. 18th, San Francisco - Jan. 19th, Los...

This seminar will address key antitrust and competition issues affecting the European market now....more

Top Developments at the ITC in 2016

In the last year, this blog has covered a number of substantial developments at the International Trade Commission. Among other things, 2016 saw (1) an increased usage of the ITC’s 100-day program for early resolution of...more

Nexium Case Extends Actavis Ruling

Addressing a pay-for-delay and pharmaceutical-settlement antitrust jury trial for the first time since the 2012 Supreme Court of the United States decision in FTC v. Actavis (IP Update, Vol. 16, No. 7), the US Court of...more

Challenge to ITC’s Extraterritorial Authority over Trade Secret Dispute Launched by Chinese Corporation

The United States International Trade Commission (“ITC”) is an independent, quasijudicial Federal agency with broad oversight over trade matters. In addition to trade practices such as dumping and subsidies, the ITC...more

Protecting Against Big Pharma's Tactics for Delaying Market Entry of Generics

Branded companies make millions of dollars each day that a generic version of a drug is held from the market. Therefore, the branded companies are highly motivated to obstruct the path of generic pharma companies. For some...more

President-Elect Trump Has Once-in-a-Century Opportunity to Substantially Revise the FTC’s Law Enforcement and Regulatory Agenda

SUMMARY: Regulatory reform is the “cornerstone of the Trump administration,” and incoming President Donald Trump has a unique opportunity to quickly and substantially influence Federal Trade Commission (FTC) policy through...more

EU Retail News - December 2016

In 2010, two business school graduates launched Birchbox; a monthly subscription service to a box filled with sample-sized beauty products from over 309 brands. Birchbox has solved one of the most significant barriers to...more

It’s Easier for Employers to Sue for Data Theft

Why a Ninth Circuit decision and an amendment to the Economic Espionage Act change the landscape. Two new developments this past year have made it easier for employers to sue employees in federal court for stealing data...more

Ranbaxy and AstraZeneca Prevail in Nexium® Pay-For-Delay Case

On November 21, 2016, the U.S. Court of Appeals for the First Circuit upheld a 2014 jury verdict for AstraZeneca (AZ) and Ranbaxy regarding a 2012 payment of $700 million from AstraZeneca for Ranbaxy to abandon its challenge...more

The Song Remains the Same

The U.S. Department of Justice recently announced that there would be no modifications to the 1941 ASCAP and BMI antitrust consent decrees. The main thrust of the DOJ decision was a confirmation that each consent decree...more

Competition law scrutiny of patent settlements - a new focus in Australia?

Settlement agreements in patent disputes between pharmaceutical companies may soon face greater competition law scrutiny in Australia. The Productivity Commission has put ‘pay for delay’ patent settlements between originator...more

Supreme Court Will Not Review Pay-For-Delay Case over GSK’s Lamictal

On November 7, 2016, the U.S. Supreme Court declined to review an appeal from a Third Circuit decision finding that a settlement between GlaxoSmithKline (GSK) and Teva Pharmaceutical Industries Ltd. (Teva) involving the...more

White House Urges States to Reform Non-Competition Laws

On October 25, 2016, the White House published a State Call to Action on Non-Compete Agreements urging states to reform their non-competition laws. The call to action follows an earlier report from the White House which...more

Two reverse-payment appeals to watch

It has been over three years since the Supreme Court’s Actavis decision. Since then, numerous putative class actions alleging harm to competition as a result of “reverse-payment” settlements have flooded the courts. The...more

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

3rd Circuit Weighs In On Product-Hopping

On Sept. 28, 2016, in Mylan Pharmaceuticals Inc. v. Warner Chilcott Public Limited Co. (Doryx), the Third Circuit affirmed the lower court’s grant of summary judgment rejecting antitrust claims brought against Warner Chilcott...more

FDA Says BPCIA Poses No Fifth Amendment Taking for Innovator Biologics Submitted Prior to Its Enactment

On the same day that FDA approved the first biosimilar of Humira, the fourth biosimilar to be approved in the U.S., it also denied a citizen petition filed by Abbott Laboratories (now AbbVie) requesting that FDA not accept...more

Employment Law This Week: Antitrust Guidance for HR, EEOC Strategic Enforcement Plan, New I-9 Form, Wage Statement Challenge [Video]

We invite you to view Employment Law This Week® - a weekly rundown of the latest news in the field, brought to you by Epstein Becker Green. We look at the latest trends, important court decisions, and new developments that...more

Misjoinder and Forum Shopping by the Government

We sometimes start our posts with disclaimers about how we do not know all the details of a case, perhaps supplemented by a little digging on the internet, or that we are not experts in some substantive area. We start this...more

Energy Sector Alert Series: Brexit and Energy - Leaving the EU While Staying Connected

In this eight-week alert series, we are providing a broad look at current and emerging issues facing the energy sector. Lawyers from across the firm are discussing issues ranging from cybersecurity, antitrust and intellectual...more

The New Supreme Court Term: Cases for the Automotive Industry to Watch

A new Supreme Court term is once again underway. This one looks to be unique in that it is likely to be an eight-Justice bench into 2017—with Republican leaders standing firm on their refusal to go forward with confirming any...more

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

FTC and DOJ Issue Proposed Updates to Antitrust Guidelines for Licensing IP

For the first time in 26 years, the FTC and DOJ (the “Agencies”) have issued proposed updates to the Antitrust Guidelines for the Licensing of Intellectual Property, last revised in 1995. The intervening quarter century...more

In a Groundbreaking Decision, Third Circuit Provides Framework for Evaluating Numerosity

One of the least disputed elements of class certification is Rule 23(a)(1) numerosity, and so there is relatively little analysis from the courts about it. Last month, however, a divided panel of the Third Circuit provided a...more

FTC Releases Report on Patent Assertion Entities

Three years ago, the Federal Trade Commission announced a study of “patent assertion entities” (“PAEs”): “businesses that acquire patents from third parties and seek to generate revenue by asserting them against alleged...more

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