Commercial Law & Contracts, Intellectual Property, Antitrust & Trade Regulation

District Court Judge Enjoins Standards-Essential Patent Owner From Enforcing ITC Exclusion Order

by Christopher Higgins, Jay Jurata, T. Vann Pearce, Jr., Matthew Poppe | Orrick, Herrington & Sutcliffe LLP on 5/22/2013

In a growing body of legal authority regarding standards-essential patents (SEPs), Northern District of California Judge Ronald Whyte ruled Monday that an owner of SEPs violated its licensing commitments by initiating a U.S....more

DOJ Issues Rare Unfavorable Business Review Letter Regarding Patent Licensing Pools

by Shylah R. Alfonso, Jacqueline Young | Perkins Coie on 5/21/2013

On March 26, 2013, the U.S. Department of Justice (DOJ) issued a rare negative business review letter declining to approve a plan by Intellectual Property Exchange International Inc. (IPXI) to offer a financial exchange for...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

United States Supreme Court Victory for St. Louis-Based Monsanto

by Williams Venker & Sanders on 5/16/2013

The U.S. Supreme Court, in a unanimous opinion, has held in favor of Monsanto on a patent infringement suit arising from the St. Louis-based company's Roundup Ready soybean seeds. Monsanto invented and patented a genetic...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

Distribution in China – Legal Issues

by John Huang, Frank Schoneveld, Winston Zhao | McDermott Will & Emery on 4/4/2013

McDermott Will & Emery is pleased to offer “Distribution in China – Legal Issues*,” a one-stop resource covering distribution in China, including: The business models and legal structures most commonly used for...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

Standard Essential Patents Come Under Scrutiny of the DOJ, FTC, and PTO

by Quinn Emanuel Urquhart & Sullivan, LLP on 4/1/2013

Introduction - Increased public and regulatory attention has been recently given to litigation remedies available to standard essential patent (“SEP”) holders who have committed to offer patent licenses on fair,...more

IP Buzz - March 2013

by Venable LLP on 4/1/2013

In this issue: - The Time Is Here: Protecting Your Brands Against New Top-Level Domain Names - Kirtsaeng v. John Wiley & Sons, Inc.: Supreme Court Holds that the First Sale Doctrine Applies Regardless of Where a...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

Commentary on the new UAE Competition Law (Federal Law No. (4) of 2012)

by Arash Amai, Kayaan Unwalla | Reed Smith on 3/18/2013

Introduction - The UAE’s first antitrust/competition legislation recently came into effect on 23 February 2013. Federal Law No. (4) of 2012 (Law), primarily regulated by the Ministry of Economy, aim to prohibit and...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

Protecting Your Closely Held Business

by Peter C. Vilmos | Burr & Forman on 3/6/2013

A client recently came to me with a problem lawyers often hear: the client’s family-owned business needed to hire new employees to keep up with the growth. In particular, the company needed additional sales force and...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

General Liability Policies May Cover Antitrust, Patent and Other Business Litigation - Part 2

by John Green | Farella Braun + Martel LLP on 2/13/2013

In a prior post, we explained how a general liability policy may cover antitrust, patent, trade secret and other business litigation claims, if there are allegations that insured made negative comments about the other party’s...more

The Joint DOJ and PTO Perspective on Standards-Essential Patents as Compared to that of the FTC

by Erin Murdock-Park | BakerHostetler on 2/12/2013

On January 8, the U.S. Department of Justice, Antitrust Division (“DOJ”) and the U.S. Patent & Trademark Office (“PTO”) (collectively, “the Agencies”) issued a joint policy statement regarding remedies for Standards-Essential...more

Antitrust and Competition Newsletter - February 2013

by Orrick, Herrington & Sutcliffe LLP on 2/8/2013

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

The Patent-Antitrust Interface: Are There Any No-No's Today?

by William Coston | Venable LLP on 1/31/2013

Antitrust law and patent law are legal tectonic plates – always in motion, occasionally converging, occasionally diverging, and occasionally moving in parallel relation. As patent suits have recently multiplied, the...more

"New Year Will See More Policing of Patent Conduct by US and EU Competition Agencies"

by Simon Baxter, Alec Chang, Ian John, James Keyte, Sharis Pozen, Ingrid Vandenborre | Skadden, Arps, Slate, Meagher & Flom LLP on 1/30/2013

If recent events are any indication, U.S. and European antitrust agencies will remain focused this year on the intersection of intellectual property and competition law. In particular, the agencies have concluded that under...more

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Commercial Law & Contracts › Intellectual Property › Antitrust & Trade Regulation