Civil Procedure Antitrust & Trade Regulation Constitutional Law

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POM Wonderful Inc. v. FTC: Lessons Learned

On January 30, 2015, the United States Court of Appeals for the District of Columbia issued an opinion in a case regarding the Federal Trade Commission’s (FTC) challenge to the advertisements of POM Wonderful’s (“POM”)...more

San Jose Strikes Out in Baseball Antitrust Challenge

In City of San Jose v. Office of the Commissioner of Baseball, Case No. 14-15139 (9th Cir. Jan 15, 2015), the United States Court of Appeals for the Ninth Circuit applied the judge-made antitrust exemption for baseball to bar...more

No Representation Without Substantiation? What POM Wonderful v. FTC Means for Consumer Class Actions

POM Wonderful vs. FTC in DC Court of AppealsIn this first post of a two-part series, we take a closer look at last Friday’s decision in POM Wonderful v. FTC by the U.S. Court of Appeals for the District of Columbia, which has...more

Appeals Court Sides with FTC in POM Wonderful Advertising Case

On January 30, a three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit upheld claims of false advertising by POM Wonderful LLC (“POM Wonderful”), finding that the government could prohibit the...more

The effect of the Nexium decision on product defect class actions

The First Circuit’s split decision last week affirming class certification in the Nexium antitrust case is sure to receive much attention in product defect class actions. Over the last several years, a chief battleground in...more

Seventh Circuit Affirms Dismissal of 99% of Motorola’s Claims in LCD Case Based on Motorola’s Lack of Standing

On the day before Thanksgiving—less than two weeks after oral argument—the Seventh Circuit issued its ruling on Motorola’s interlocutory appeal in Motorola Mobility LLC v. AU Optronics Corp., affirming dismissal of the vast...more

October 2014: Trademark Litigation Update

Supreme Court Opens the Door to More False Advertising Claims. In a unanimous decision, Lexmark International Inc. v. Static Control Components, Inc., 134 S. Ct. 1377 (2014), the Supreme Court held that a plaintiff...more

FTC v. Cephalon, Inc.

Nature of the Case and Issue(s) Presented: The issue in this case is not whether the validity of the ’516 patent should be litigated in the antitrust trial, but rather, how the court’s previous finding of invalidity and...more

Advertising Law - October 2014 #3

Permanent Ban From Prize Promotion Business After Sweepstakes Scam - A sweepstakes operator agreed to a permanent ban from the prize promotion business pursuant to a settlement with the Federal Trade Commission after...more

In re Credit Default Swaps Antitrust Litigation: Big Banks Still Must Face Section 1 Sherman Act Claim

In a decision upholding most of the class action antitrust claims against 12 of the world’s largest financial institutions, Judge Cote of the Southern District of New York held that the plaintiffs had standing and alleged...more

"Cases to Watch in the 2014-15 Supreme Court Term"

The Supreme Court will begin its new term on Monday, October 6, 2014. Although the Court has not yet accepted for review any headline-grabbing cases of the type we’ve seen in recent years in such areas as campaign finance,...more

California Court Finds Lack of Antitrust Standing for Price-Fixed Component Parts

On Sept. 22, 2014, the U.S. District Court for the Northern District of California issued an important opinion regarding antitrust standing in Los Gatos Mercantile, Inc. v. E.I. DuPont de Nemours & Co. (DuPont), No....more

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

Chinese Magnesite Producers Antitrust Class Action Complaint Dismissed

On July 24, 2014, the district court in Animal Sci. Prod., Inc. et al. v. China Nat’l Metals & Minerals Imp. and Exp. Corp. et al., Case No. 2:05-cv-04376 (D.N.J.), dismissed direct purchaser plaintiff’s Amended Complaint...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

Judge Ends Indirect Purchaser Plaintiffs’ Case in Refrigerant Compressors

Last week, on April 8, 2014, the District Court for the Eastern District of Michigan dismissed the remaining claims of indirect purchaser plaintiffs (IPPs) in the ongoing Refrigerant Compressors litigation. In re:...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

Federal Circuit Upholds Constitutionality Of Legislation Overturning Its GPX Decision That Countervailing Duties May Not Be...

This blog has been analyzing for more than four years legal disputes over whether the U.S. Department of Commerce (“Commerce”) may apply countervailing duties (“CVDs”) to imports from non-market economies (“NMEs”),...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

Willful Fair Credit Reporting Act Violation Confers Article III Standing

Whether they would admit it or not, most people have probably at some point searched for their own name in a search engine. Often the results illustrate how much personal information has been scraped and aggregated by...more

Lithium Ion Batteries Court Addresses Illinois Brick Exception, Finds Standing for Certain Indirect Purchasers of Component...

In In re: Lithium Ion Batteries Antitrust Litigation, 2014 U.S. Dist. LEXIS 7516 (N.D. Cal. Jan. 21, 2014) (Gonzalez Rogers, J.), the Northern District of California largely rejected a motion to dismiss an antitrust...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

Advertising Law -- Jun 20, 2013

Supreme Court to Consider Lanham Act Standing - What factors should determine standing to sue for false advertising under the Lanham Act? The U.S. Supreme Court has agreed to answer that question in a case from...more

FTC Ruling Not So Wonderful For POM or The First Amendment

On January 16, 2013, the U.S. Federal Trade Commission (FTC) issued a final ruling in a case about the advertisements for POM Wonderful LLC's 100% Pomegranate Juice and POMx supplements....more

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