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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

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

Good News, Bad News and More Inflammatory Rhetoric in Myriad Genetics Case

While the rest of the patent world was focused on Supreme Court opinions (issued and pending) and Congressional action vel non on threats like patent trolls, the consolidated Multi District Litigation between Myriad Genetics...more

FTC Hit with Lawsuit by Target of its Fraudulent Patent Enforcement Investigation

On January 13, 2014, MPHJ Technology Investment LLC (MPHJ) filed a seven-count complaint against the Federal Trade Commission (FTC) alleging various constitutional and other violations, including violations of MPHJ’s First...more

Advertising Law -- Oct 10, 2013

Fourth Circuit "Likes" First Amendment Protection for Social Media Speech - A Facebook "like" is speech protected by the First Amendment, the Fourth U.S. Circuit Court of Appeals ruled, reversing a federal court...more

Churchill Downs Inc. (CDI) v. Texas Racing Commission (TRC)

USDC Order Dismissing Dormant Commerce Clause Challenge

The USDC for Western District of Texas (Austin Division) found that the Texas "in-person" gaming requirement with respect to advanced deposit wagering does not discriminate against or unduly burden interstate commerce. The...more

A Cure For Antitrust Standing?

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

Google Search and Free Speech

On Thursday, the Federal Trade Commission announced that, after its inquiry of almost two-years, it is ending its antitrust investigation into Google. It finds that Google has not violated antitrust laws in its ordering of...more

Why You Need to Pay Close Attention to Antitrust Standing

In a nutshell, you need to pay attention to antitrust standing doctrine because the doctrine has real teeth and can result in dismissal of claims. That’s what the plaintiff in Static Control Components, Inc. v. Lexmark...more

Expanded Standing, or "Back to Basics"? Flash Memory Direct Purchasers Found to Have Standing to Assert Walker Process Claims

In Ritz Camera & Image, LLC v. SanDisk Corporation, et al., United States District Court, ND Cal., Case No. 5:10-CV02787-JF/HRL, the court denied a motion to dismiss in a Walker Process "fraud on patent office" case, and...more

FTC Advertising Crackdown Provides Food for Thought

The Federal Trade Commission has been clamping down on several major food companies regarding health claims in their advertising. Iovate Health Sciences USA and Nestle S.A. subsidiary, Nestle Healthcare Nutrition, Inc., were...more

Advertising Law - December 18, 2009

IN THIS ISSUE: *Spammer Gets Slammer *Google Threatens Ad Scammers With Lifetime Ban *Ad Groups Challenge Tobacco Ad Law *Wrigley Asked to Stop Eclipse Gum Ad Claims Please see full newsletter below for more...more

Federal Judge Dismisses Challenge to Maine Law Restricting Marketing to Minors under 18

On September 9, 2009, a federal judge in Maine agreed with retailers, marketers, and media companies that the recently enacted Maine law "An Act To Prevent Predatory Marketing Practices Against Minors" is likely...more

Advertising Law - June 18, 2009

IN THIS ISSUE: *Are Spammers More Prepared For ISP Shutdowns? *Minnesota Abandons Efforts To Ban Online Betting *China To Require Blocking Software on All New PCs *Nescafé Targets Starbucks’ Instant Coffee in...more

Jason O'Grady et al v Superior Court of the State of California, County of Santa Clara & Apple Computer, Inc. (real party in interest)

Appellate Decision issuing a Writ of Mandate directing the court below to set aside its order denying petitioners' motion for a...

In December 2004, Apple filed a lawsuit in Santa Clara county against unnamed individuals who allegedly leaked information about new Apple products to several online news sites, including AppleInsider and PowerPage. The...more

United States of America v Choicepoint Inc.

Stipulated Final Judgment & Order for Civil Penalties, Permanent Injunction, & Other Equitable Relief (filed concurrenlty with...

In December 2004, EPIC filed a complaint with the FTC against databroker ChoicePoint. EPIC urged the agency to investigate the compilation and sale of personal dossiers by data brokers such as ChoicePoint. EPIC argued that...more

United States of America v Choicepoint Inc.

Complaint for Civil Penalties, Permanent Injunction, and Other Equitable Relief

In December 2004, EPIC filed a complaint with the FTC against databroker ChoicePoint. EPIC urged the agency to investigate the compilation and sale of personal dossiers by data brokers such as ChoicePoint. EPIC argued that...more

Jason O'Grady et al v Superior Court of the State of California, County of Santa Clara & Apple Computer, Inc. (real party in interest)

Order granting petitioners' motion to unseal portions of Zonic & Ortiz, Jr's declarations (redacted public versions)

In December 2004, Apple filed a lawsuit in Santa Clara county against unnamed individuals who allegedly leaked information about new Apple products to several online news sites, including AppleInsider and PowerPage. The...more

Jason O'Grady, Monish Bhatia, & Kasper Jade v Superior Court of the State of California, County of Santa Clara & Apple Computer, Inc. (real party in interest)

Petitioners and Non-Party Journalists Jason O'Grady, Monish Bhatia, & Kasper Jade's Opposition to Real Party in Interest Apple...

In December 2004, Apple filed a lawsuit in Santa Clara county against unnamed individuals who allegedly leaked information about new Apple products to several online news sites, including AppleInsider and PowerPage. The...more

Jason O'Grady, Monish Bhatia & Kasper Jade v Superior Court of the State of California, County of Santa Clara & Apple Computer (Real party in interest)

Real Party in Interest Apple Computer, inc.'s Return By Way of Answer and Demurrer to Petition for a Writ of Mandate and/or...

In December 2004, Apple filed a lawsuit in Santa Clara county against unnamed individuals who allegedly leaked information about new Apple products to several online news sites, including AppleInsider and PowerPage. The...more

Jason O'Grady, Monish Bhatia & Kasper Jade v Superior Court of the State of California, County of Santa Clara & Apple Computer (Real party in interest)

Motion to Unseal Portions of the Declarations of Zonic and Ortiz

In December 2004, Apple filed a lawsuit in Santa Clara county against unnamed individuals who allegedly leaked information about new Apple products to several online news sites, including AppleInsider and PowerPage. The...more

Jason O'Grady et al v Superior Court of the State of California, County of Santa Clara & Apple Computer, Inc. (real party in interest)

Order to show cause to respondent superior court as to why a peremptory writ should not issue as requested in the petition for...

In December 2004, Apple filed a lawsuit in Santa Clara county against unnamed individuals who allegedly leaked information about new Apple products to several online news sites, including AppleInsider and PowerPage. The...more

Jason O'Grady, Monish Bhatia & Kasper Jade v Superior Court of the State of California, County of Santa Clara & Apple Computer, Inc. (real party in interest)

Application to File Brief Amicus Curiae & Proposed Brief of the Information Technology Industry Council in Support of Real...

In December 2004, Apple filed a lawsuit in Santa Clara county against unnamed individuals who allegedly leaked information about new Apple products to several online news sites, including AppleInsider and PowerPage. The...more

Jason O'Grady, Monish Bhatia & Kasper Jade v Superior Court of the State of California, County of Santa Clara & Apple Computer (Real party in interest)

Real Party in Interest Apple Computer, Inc.'s Response to Briefs of Amici Curiae (1) Jack M. Balkin et al., (2) The Reporters...

In December 2004, Apple filed a lawsuit in Santa Clara county against unnamed individuals who allegedly leaked information about new Apple products to several online news sites, including AppleInsider and PowerPage. The...more

Jason O'Grady, Monish Bhatia & Kasper Jade v Superior Court of the State of California, County of Santa Clara & Apple Computer, Inc. (real party in interest)

Request of Intel Corporation & the Business Software Alliance for Leave to File a Brief as Amici Curiae Supporting Apple...

In December 2004, Apple filed a lawsuit in Santa Clara county against unnamed individuals who allegedly leaked information about new Apple products to several online news sites, including AppleInsider and PowerPage. The...more

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