Science, Computers & Technology, Conflict of Laws, Commercial Law & Contracts

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

Amici File Briefs Supporting Certiorari in K-Dur Case -- Part II

by McDonnell Boehnen Hulbert & Berghoff LLP on 10/11/2012

Joining the parties and amici with clear interests in resolving the circuit split created by the Third Circuit opinion in the K-Dur case (In re K-Dur Antitrust Litigation), the Washington Legal Foundation, self-described as...more

Amici File Briefs Supporting Certiorari in K-Dur Case

by McDonnell Boehnen Hulbert & Berghoff LLP on 10/9/2012

Joining the parties and amici with clear interests in resolving the circuit split created by the Third Circuit opinion in the K-Dur case (In re K-Dur Antitrust Litigation), two "public interest" groups have also filed amicus...more

GPhA Files Amicus Brief in K-Dur Case

by McDonnell Boehnen Hulbert & Berghoff LLP on 10/4/2012

The Generic Pharmaceutical Association (GPhA) filed an amicus brief in support of a grant of certiorari by the Supreme Court in the K-Dur case (In re K-Dur Antitrust Litigation). Characterizing the issue as being "profoundly...more

Urging Supreme Court Review of Antitrust Challenges to Patent Settlements Between Pharmaceutical Companies

by Dechert LLP on 10/2/2012

Dechert LLP submitted an amicus brief to the Supreme Court of the United States on behalf of the Washington Legal Foundation urging the Court to review the Third Circuit’s decision in In re K-Dur Antitrust Litigation. K-Dur...more

PhRMA Files Amicus Brief in K-Dur Case

by McDonnell Boehnen Hulbert & Berghoff LLP on 9/27/2012

The Pharmaceutical Research and Manufacturer's of America (PhRMA) have filed an amicus brief in support of a grant of certiorari by the Supreme Court in the K-Dur case (In re K-Dur Antitrust Litigation). Not surprisingly,...more

Merck Asks Supreme Court to Review Third Circuit K–Dur Decision

by McDonnell Boehnen Hulbert & Berghoff LLP on 8/29/2012

Last month, the Federal Trade Commission accomplished a decade-long goal: getting a Federal Circuit Court of Appeal (the 3rd Circuit) to support its position that so-called "reverse payments" (also known as "pay-for-delay"...more

Third Circuit Provides Friendly Environment for FTC and Plaintiffs Challenging Certain Patent Litigation Settlements

by Bradley Arant Boult Cummings LLP on 8/15/2012

Originally published on The National Law Review. On July 16, 2012, the U.S. Court of Appeals for the Third Circuit announced its decision in In Re K-Dur Antitrust Litigation, a case involving so-called "reverse payment"...more

Third Circuit Creates Reverse Payments Split among the Circuits

by Proskauer Rose LLP on 7/26/2012

Rejecting the test established by three separate courts of appeal, the Third Circuit's recent decision in In re K-Dur Antitrust Litigation has created a circuit split regarding the legality of, and application of antitrust...more

Could Software Imports from Europe Bypass U.S. First Sale and IP Exhaustion Laws?

by Pillsbury Winthrop Shaw Pittman LLP on 7/25/2012

On July 3, the Court of Justice of the European Union (CJEU) ruled that a sale of a digital copy of software exhausted the copyright owner's exclusive distribution rights to the copy under Europe's first sale doctrine. As a...more

Third Circuit Breathes New Life into FTC Efforts to Block Pharmaceutical Patent Settlements

by Wilson Sonsini Goodrich & Rosati on 7/25/2012

The antitrust debate over the legality of "reverse payment" or "pay-for-delay" pharmaceutical patent settlements has raged on for over a decade. Last week's K-Dur decision has pushed this debate to the boiling point, as the...more

DIFC Courts

by Jane Lambert on 1/7/2011

The governments of the United Arab Emirates and Dubai have established a free zone for financial services in Dubai known as the Dubai International Financial Centre ("the DIFC") in the hope that it will become a major...more