Advertising Law -- May 17, 2012 by Manatt, Phelps & Phillips, LLP on 5/21/2012 In This Issue: PMA To Be Represented by Manatt Partner Linda Goldstein on FTC Panel; Manatt Partner Jeff Edelstein to Lead CLE Privacy Law Webinar Session; Thanks to the FTC, Defendants Won’t “Get Rich Quick” on...more
Court Refuses to Dismiss Antitrust Claims in Apple E-Book Case by Howard Ullman on 5/16/2012 Today (May 15), the Southern District of New York (Cote, J.) refused to dismiss the class plaintiffs’ antitrust claims against Apple and the e-book sellers. See In re: Electronic Books Antitrust Litigation, Case No....more
Section 337: tips for discovery in ITC’s rocket-docket by Snell & Wilmer L.L.P. on 5/15/2012 Reprinted and/or posted with the permission of Daily Journal Corp. (2012). It’s 4 p.m. on a Friday and your client calls in a panic after sending you a complaint for patent infringement, along with a lengthy set of...more
Resale Pricing Policies Withstand State Scrutiny Again, but Suppliers Should Continue to Exercise Caution by McDermott Will & Emery on 5/14/2012 A recent New York state appeals court decision highlights the need for suppliers to continue exercising caution when adopting and implementing a resale price maintenance policy. On March 29, 2010, the New York Office of...more
Resale Pricing Policies Withstand State Scrutiny Again, but Suppliers Should Continue to Exercise Caution by McDermott Will & Emery on 5/14/2012 A recent New York state appeals court decision highlights the need for suppliers to continue exercising caution when adopting and implementing a resale price maintenance policy. On March 29, 2010, the New York Office of...more
Kansas Supreme Court Decision Declares Resale Price Maintenance Per Se Illegal Under State Antitrust Statute by McDermott Will & Emery on 5/14/2012 The Kansas Supreme Court recently determined resale price maintenance is per se illegal under state law, becoming the latest state to reject the rule of reason standard mandated by the Supreme Court of the United States. The...more
Advertising Law -- May 10, 2012 by Manatt, Phelps & Phillips, LLP on 5/14/2012 In This Issue: *Class Certified in Abercrombie & Fitch Gift Card Case *Prize Promotion Business Is No “Prize” *Reebok Firms Up EasyTone Marketing Claims After FTC Settlement *Chipotle Substantiates Claims in “Back...more
China’s Anti-Monopoly Law Makes it Easier to Sue in Cases of Anti-Competitive Conduct by McDermott Will & Emery on 5/11/2012 Recently, the Supreme People’s Court of China issued final rules to build a working framework for civil anti-monopoly cases brought under the country’s Anti-Monopoly Law. The rules will take effect on 1 June 2012....more
Advertising News & Analysis - May 4, 2012 by Venable LLP on 5/11/2012 In this issue: - UGG, Hermes Score Victories Against Counterfeiters - FTC Announces Preliminary Agenda for “DotCom Disclosures” Workshop - CA Law, FTC Regulation Give Cause for Care With “Made in USA”...more
Eleventh Circuit Rejects FTC Challenge to Reverse Payment Settlement by Morgan Lewis on 5/10/2012 Decision by court of appeals affirms that settlements that do not expand the exclusionary scope of a patent are not subject to antitrust challenge. On April 25, the U.S. Court of Appeals for the Eleventh Circuit affirmed...more
Ten Things to Do When Your Company Receives a DOJ Grand Jury Subpoena by Howard Ullman on 5/9/2012 You have just received notice of a grand jury subpoena duces tecum from the Department of Justice Antitrust Division in connection with a price-fixing investigation. (The likelihood of doing so may be on the rise. In 2008,...more
Advertising Law -- May 4, 2012 by Manatt, Phelps & Phillips, LLP on 5/7/2012 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
Eleventh Circuit Reaffirms That "Pay-For-Delay" Settlement Agreements Are Largely Immune From Antitrust Attack by Akerman Senterfitt on 5/7/2012 A "pay-for-delay" settlement agreement, also referred to as a reverse payment agreement, is a type of patent litigation settlement in which a patent holder pays an allegedly infringing generic drug company to delay entering...more
Potential Patent Licensing “No-No” # 6: Mandatory Package Licenses by Howard Ullman on 5/4/2012 According to the federal enforcement agencies’ antitrust/IP guidelines: Package licensing – the licensing of multiple items of intellectual property in a single license or in a group of related licenses – may be a form...more
Tying Arrangements: Avoiding Antitrust Liability - Leveraging Market Power Arguments and Seller Defenses by Howard Ullman on 5/3/2012 In This Presentation: DEVELOPMENT AND HISTORY OF TYING LAW - Starting Point: Jefferson Parish - Overview - Early Approaches - 1950s–1960s Era - The Fortner Cases (Late 1960s-1970s) - Fortner I - Fortner...more