Patterson Belknap Webb & Tyler LLP

District Court Narrowly Defines the Relevant Market in Post-Actavis Pay-For-Delay Suit

On August 8, the District of Connecticut issued a noteworthy ruling on how to approach defining the relevant market definition in a pay-for-delay suit. In In re Aggrenox Antitrust Litigation, 3:14-md-02516 (D. Conn.), three…more
| Antitrust & Trade Regulation, Civil Procedure, Consumer Protection, Intellectual Property, Science, Computers, & Technology

Judge Abrams Dismisses Case Based on Arguments Made to the PTO During Prosecution

On August 9, 2016, District Judge Ronnie Abrams (S.D.N.Y.) granted defendant Richloom Fabrics Group, Inc.’s motion to dismiss plaintiff Anchor Sales & Marketing, Inc.’s allegation of patent infringement based on the doctrine of…more
| Civil Procedure, Intellectual Property

When Is Using a Computer a Crime? Rehearing Sought on Ninth Circuit’s “Distressingly Unclear” Answer

Facebook recently won a landmark victory in the Ninth Circuit against a company that accessed Facebook’s computers to help users manage their social network accounts. Now the company, Power Ventures, Inc., says that the Ninth…more
| Civil Procedure, Civil Remedies, Communications & Media Law, Criminal Law, Science, Computers, & Technology

Pokémon GO Exposes Risks of Bring-Your-Own-Device (BYOD) Policies

There’s no denying it: Pokémon GO is a phenomenon. The smartphone game, in which players use their mobile device camera and GPS to capture, battle, and train virtual creatures, was released in the United States on July 6th…more
| Art, Entertainment, & Sports Law, Commercial Law & Contracts, Labor & Employment Law, Privacy, Science, Computers, & Technology

Significant Changes Proposed to Rules for Valuing Interests in Family-Controlled Entities

Last week the IRS proposed new regulations that would, in many cases, prohibit the use of certain discounts customarily applied when valuing interests in family-controlled entities, such as corporations, partnerships and limited…more
| Business Organizations, Taxation, Wills, Trusts, & Estate Planning

Second Circuit Weighs in on Antitrust Injury

Antitrust standing is one of the most beguiling concepts in antitrust law, but it is a hurdle that a plaintiff must negotiate if its claim can proceed. This week, the Second Circuit provided some clarity to the doctrine when it…more
| Antitrust & Trade Regulation, Civil Procedure, Civil Remedies

What Might November’s Election Mean for Antitrust Enforcement?

It is probably safe to say that most voters in the 2016 presidential election do not view antitrust policy as a key campaign issue. Accordingly, the candidates’ and their parties’ views on competition policy were scarcely, if…more
| Antitrust & Trade Regulation, Elections & Politics, Mergers & Acquisitions

Judge Forrest Provides Litigants Guidance on Applying Alice

On August 3, 2016, S.D.N.Y. District Judge Katherine B. Forrest denied Defendant Lowe’s Companies, Inc. (“Lowe’s”) motion to dismiss Iron Gate Security, Inc.’s (“Iron Gate”) patent infringement claim. Iron Gate alleged that…more
| Intellectual Property, Science, Computers, & Technology

HSS Issues New Guidance on Ransomware Attacks Against HIPAA-Covered Entities

Ransomware attacks at hospitals and other healthcare facilities have dramatically increased over the last several years, putting healthcare providers in the uncomfortable position of having to consider paying thousands of…more
| Health, Privacy, Science, Computers, & Technology

Judge Cote Finds Initiating Lawsuits to Obtain Settlements Rather Than a Determination on the Merits is Not an Abuse of Process

On July 28, 2016, District Judge Denise Cote (S.D.N.Y.) granted defendants AlphaCap Ventures, LLC’s, a non-practicing entity, and Richard Juarez’s (collectively, “AlphaCap”) motion to dismiss plaintiff Gust, Inc.’s (“Gust”)…more
| Antitrust & Trade Regulation, Civil Procedure, Consumer Protection, Intellectual Property, Science, Computers, & Technology

Choice-of-Law Rules Prevent Costco from Suing as Indirect Purchaser in California

In another development in the ongoing cathode ray tube (CRT) multidistrict litigation, Judge Tigar of the Northern District of California ruled that Costco could not recover any damages it sustained as an indirect purchaser of…more
| Antitrust & Trade Regulation, Civil Procedure, Commercial Law & Contracts, Consumer Protection, Science, Computers, & Technology

Judge Pauley Holds That Administering a Test Using a Computer Is Not Patent-Eligible Under § 101

On July 29, 2016, S.D.N.Y. District Judge William H. Pauley III granted defendant PlayerLync, LLC’s (“PlayerLync”) motion for judgment on the pleadings and dismissed plaintiffs Multimedia Plus, Inc. and Multimedia Technologies,…more
| Civil Procedure, Intellectual Property, Science, Computers, & Technology

New Rules on Section 83(b) Elections

Prior to a recent change, in order for a Section 83(b) election to be effective, the taxpayer had to: - File the Section 83(b) election within 30 days of the receipt of restricted property (typically, restricted stock) with…more
| Commercial Law & Contracts, Securities Law, Taxation

FTC Slaps Down ALJ’s Data Security Ruling in LabMD, Sets Broad Mandate for Protection of “Sensitive” Consumer Data

In a sweeping statement of its data security expectations for organizations that maintain consumer information, the Federal Trade Commission on Friday found that LabMD, the defunct medical testing lab, failed to employ adequate…more
| Administrative Law, Antitrust & Trade Regulation, Business Torts, Consumer Protection, Privacy

Judge Dismisses Amgen’s BPCIA Declaratory Judgment Action Against Sandoz

Judge Chesler of the U.S. District Court for the District of New Jersey has dismissed one of Amgen’s pending lawsuits against Sandoz under the U.S. biosimilar statute, the Biologics Price Competition and Innovation Act…more
| Civil Procedure, Civil Remedies, Intellectual Property, Science, Computers, & Technology
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