Intellectual Property Antitrust & Trade Regulation

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Advertising Law - May 2015

Amazon Sues Over Fake Reviews - In a new lawsuit, Amazon targeted one individual and four companies that allegedly wrote and posted fake reviews on the e-commerce giant’s site. Amazon’s Conditions of Use expressly...more

Corporate E-Note - April 2015

In This Issue: - State Regulatory Boards Are Open to Antitrust Liability, Says the Supreme Court - USPTO Issues Patent Eligibility Guidelines…So Now What? - Bond Financing: The Best-Kept Secret For...more

Pfizer’s strategic response to the threat of generic competition upheld by the Federal Court

On 25 February 2015, the Federal Court handed down its much-anticipated judgment in the matter of ACCC v Pfizer Australia Pty Ltd. In dismissing the Australian Competition and Consumer Commission’s (ACCC) allegations, Justice...more

[Insert Your Trademark Here].sucks – Is Your Brand at Risk?

In recent years, the Internet Corporation for Assigned Names and Numbers (ICANN), the non-profit entity responsible for maintaining the Domain Name System of the Internet, has begun to introduce hundreds of new top-level...more

Is the FRAND Regime Due for an Overhaul?

In today’s technology-heavy world, technical interoperability standards are quite common. Because those standards are often patented, patent owners may have the ability to extract a monopoly price and some argue those owners...more

China’s SAIC Issues Competition Rules Regulating Abuse of Intellectual Property Rights

On April 7, 2015, China’s State Administration of Industry and Commerce of the PRC (the “SAIC”) issued the long-anticipated Provisions on the Prohibition of the Abuse of Intellectual Property Rights to Eliminate or Restrain...more

Right to Criticize Gets a Bigger Public Platform on the Internet with the Introduction of .sucks Domains

The Internet Corporation for Assigned Names and Numbers, more commonly known as ICANN, has recently approved more than a thousand new general top-level domains (gTLDs), which are anticipated to launch over the next few years....more

DOJ’s Endorsement of IEEE Patent Policy Takes Center Stage at IP Antitrust Conference

On April 14 in Washington, DC, Global Competition Review hosted its Second Annual IP & Antitrust USA conference. The conference covered various hot topics being closely followed by IP antitrust practitioners, including (1)...more

UPDATE: .SUCKS CEO SPEAKS

Following the publication of the article titled .SUCKS: A Questionable Future?, posted on April 13, 2015, the author received an unsolicited email from John Berard, CEO of Vox Populi Registry, Ltd. (“Vox”), the registry...more

A Questionable Future for .SUCKS Domain Names?

In response to a veritable deluge of concerns from brand owners over the .SUCKS domain name registry’s pricing structure, the Internet Corporation for Assigned Names and Numbers (“ICANN”) sent a letter to the U.S. Federal...more

Court Sacks Photographers’ Antitrust Claims Against the NFL and its Member Teams

Allegations of conspiracy to restrain trade and exclusive dealing may read like textbook antitrust claims, but if the allegations are made by a plaintiff who is not an “efficient enforcer” of the antitrust laws, the complaint...more

IP Newsletter - April 2015

In This Issue: - Federal Circuit Affirms PTO in First Appeal of an Inter Partes Review Decision - EU Copyright: No Resale of Digital Content Except for Software? - Qualcomm Agrees to $975 Million Fine and...more

Supreme Court Shows Reluctance to Overturn Brulotte’s Prohibition on Post-Expiration Royalties

Yesterday the Supreme Court heard oral argument in Kimble v. Marvel Enterprises, one of the most important cases on the Court’s docket this term for antitrust and patent law practitioners. As we previously discussed, in...more

Inter Partes Review and the ITC: The Benefits and Risks of Filing IPR on Patents Asserted in an ITC Investigation

Since the advent of the America Invents Act (“AIA”) in 2012, parties accused of patent infringement in district court cases have taken advantage of the newly established Inter Partes Review (“IPR”) procedure for challenging...more

A Case Study: How the Record Breaking Antitrust Penalty Against Qualcomm Transforms the Landscape of SEPs Licensing in China

The PRC National Development and Reform Commission (NDRC) finally concluded its antitrust investigations against Qualcomm and issued an administrative sanction on February 10, 2015, putting an end to the 16-month...more

Supreme Court to Hear Argument on March 31 Whether to Overrule Brulotte v. Thys, Co.

Fifty years ago, the Supreme Court held in Brulotte v. Thys Co., 379 U.S. 29 (1964) that a license agreement requiring royalty payments for use of a patented invention after expiration of the patent term is unlawful per se. ...more

USITC Declines to Institute Investigation of Induced Patent Infringement as Unfair Method of Competition or Unfair Acts

In a recent decision, the International Trade Commission rejected a petitioner’s attempt to use allegations of unfair competition and unfair acts as a possible way of working around the Federal Circuit’s bar on claims of...more

It’s a Complete Red Haring: Court Dismisses Wide Ranging Art-Authentication Lawsuit against Keith Haring Foundation

Art is no stranger to great controversy, although the arbiters of art world disputes are usually critics and artists rather than federal judges. Nevertheless, in early March, Judge Denise Cote of the Southern District of New...more

On-line media piracy – VPN, IPTV and Vines in various jurisdictions including Italy!

Our last webinar’s session focused on on-line media piracy, in particular on the legal issues raised by IPTV boxes, Vines and Virtual Private Networks (VPN) in various jurisdictions including Italy.... ...First of all...more

FCC Applies Section 222 to BIAS Providers, but Delays Specialized Rules

The Order does not forbear from applying Section 222 of the Act to broadband Internet access service (BIAS) providers. It did, however, forbear from applying its existing rules implementing Section 222, in recognition that...more

Update on Chapter 93A

Chapter 93A is the dominant law in Massachusetts governing business litigation. It applies to nearly all business disputes. The winning plaintiff under Chapter 93A is entitled to an automatic award of its attorney's fees, and...more

NDRC’s Qualcomm Decision Sends Mixed Messages

Chinese New Year celebrations culminated in a big way for foreign multinationals in China with the news at the end of February that the head of the National Development and Reform Commission’s (“NDRC's”) Antitrust Bureau had...more

Solicitor General Argues that Antitrust Principles Do Not Warrant Overturning Brulotte

On Friday the Solicitor General filed an amicus brief in Kimble v. Marvel Enterprises. As we previously noted, in Kimble, the Supreme Court will consider whether to overturn Brulotte v. Thys Co., a 50-year-old precedent...more

Vil v. Poteau - USDC, D. Massachusetts, March 3, 2015

District court awards summary judgment to defendant organization and its board against former vice president, finding that plaintiff did not establish genuine issue of material fact as to his copyright claim because he failed...more

Will the European Court of Justice Conclude that Antitrust Law Prohibits Royalties for Invalid Patents?

The European Court of Justice recently announced that it will issue a decision in Genentech Inc. v. Hoechst GmbH, in response to a request from the Paris Court of Appeals for clarification on whether European antitrust law...more

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